The Gujarat Universities Services Tribunal Act, 1988

Short title, extent and commencement.—

1. (1) This Act may be called the Gujarat Universities Services Tribunal Act, 1988.
2. (2) It extends to the whole of the State of Gujarat.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions.—In this Act, unless the context otherwise requires,—

1. (a) "Disciplinary Authority", in relation to a University employee, means the authority competent to impose on him any of the penalties specified in the Statutes, Ordinances or Regulations made under the relevant University Act;
2. (b) "Relevant University Act" means,—
   • (i) in relation to the Gujarat University, the Gujarat University Act, 1949 (Bom. L of 1949);
   • (ii) in relation to the Maharaja Sayajirao University of Baroda, the Maharaja Sayajirao University of Baroda Act, 1949 (Bom. XXV of 1949);
   • (iii) in relation to the Sardar Patel University, the Sardar Patel University Act, 1955 (Bom. XL of 1955);
   • (iv) in relation to the South Gujarat University, the South Gujarat University Act, 1965 (Guj. 38 of 1965);
   • (v) in relation to the Saurashtra University, the Saurashtra University Act, 1965 (Guj. 39 of 1965);
   • (vi) in relation to the North Gujarat University, the North Gujarat University Act, 1986 (Guj. 24 of 1986);
   • (vii) in relation to the Bhavnagar University, the Bhavnagar University Act, 1978 (Guj. 26 of 1978);
3. (c) "University" means a University established under the relevant University Act;
4. (d) "University employee" means a person appointed as an employee by the University or a college affiliated to or recognised by the University and includes a teacher of the University or of such college.

Constitution of Tribunal.

1. (1) The State Government shall, by notification in the Official Gazette, constitute a Tribunal to be called "the Gujarat Universities Services Tribunal".
2. (2) The Tribunal shall consist of one person only to be appointed by the State Government.
3. (3) A person shall not be qualified for appointment as a Presiding Officer of the Tribunal unless he is or has been a District Judge or has held a judicial office in India for not less than ten years.

Term of office.

1. (1) The Presiding Officer of the Tribunal shall hold office for a period of three years from the date on which he enters upon his office: Provided that the State Government may, if it thinks fit, extend the said period for a further term not exceeding three years.
2. (2) The Presiding Officer may, by writing under his hand addressed to the State Government, resign his office.
3. (3) The State Government may remove from office the Presiding Officer who—
   • (a) is adjudged an insolvent; or
   • (b) engages during his term of office in any paid employment outside the duties of his office; or
   • (c) is in the opinion of the State Government, unfit to continue in office by reason of infirmity of body or mind; or
   • (d) is convicted of an offence involving moral turpitude: Provided that the Presiding Officer shall not be removed from office on the ground of misbehaviour or incapacity until he has been given a reasonable opportunity of being heard in respect of those grounds.
4. (4) Any vacancy in the office of the Presiding Officer shall be filled by the State Government as soon as may be.

Resignation and removal.—

1. (1) The Presiding Officer may, by notice in writing under his hand addressed to the State Government, resign his office: Provided that the Presiding Officer shall, unless he is permitted by the State Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.
2. (2) The State Government may remove from office the Presiding Officer who—
   • (a) is adjudged an insolvent; or
   • (b) engages during his term of office in any paid employment outside the duties of his office; or
   • (c) is, in the opinion of the State Government, unfit to continue in office by reason of infirmity of mind or body; or
   • (d) is convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude: Provided that no such Presiding Officer shall be removed from his office on the ground of infirmity of mind or body unless he has been given a reasonable opportunity of showing cause against the proposed removal.

Salary and allowances and other conditions of service of Presiding Officer.—

Staff of Tribunal Staff of Tribunal.—

1. (1) The State Government shall determine the nature and categories of the officers and other employees required to assist the Tribunal in the discharge of its functions and provide the Tribunal with such officers and other employees as it may think fit.
2. (2) The salaries and allowances and other conditions of service of the officers and other employees of the Tribunal shall be such as may be prescribed.
3. (3) The officers and other employees of the Tribunal shall discharge their functions under the general superintendence of such member of the Tribunal as may be prescribed.

Staff to be public servants.—

Jurisdiction of Tribunal Jurisdiction of Tribunal

1. (1) Notwithstanding anything to the contrary contained in any relevant University Act, the Tribunal shall have jurisdiction to entertain and dispose of all disputes referred to it in section 10.
2. (2) The Tribunal shall have, for the purpose of exercising its jurisdiction under this Act, all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (V of 1908) in respect of the following matters, namely:—
   • (a) summoning and enforcing the attendance of any person and examining him on oath;
   • (b) requiring the discovery and production of documents;
   • (c) receiving evidence on affidavits;
   • (d) issuing commissions for the examination of witnesses or documents;
   • (e) such other matters as may be prescribed.
3. (3) The Tribunal shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).

Application to Tribunal

1. (1) Where any University employee is aggrieved by an order made by the disciplinary authority or the University—
   • (a) dismissing or removing him or reducing him in rank;
   • (b) compulsory retiring him;
   • (c) terminating his service otherwise than upon the reaching of the age of superannuation;
   • (d) imposing any other penalty;
   • (e) denying any service benefit or seniority or promotion which he is entitled to under the relevant University Act, the rules or the statutes made thereunder; he may make an application to the Tribunal for the redressal of such grievance.
2. (2) An application under sub-section
3. (1) shall be made within such time as may be prescribed: Provided that the Tribunal may entertain an application after the expiry of the prescribed period if it is satisfied that the applicant had sufficient cause for not making the application within such period.
4. (3) On receipt of an application under sub-section (1), the Tribunal may, after giving the applicant concerned and the disciplinary authority or as the case may be, the University, an opportunity of being heard, pass such orders thereon as it deems fit.
5. (4) Every order passed by the Tribunal under sub-section
6. (3) shall be final and binding on the applicant and the University and shall not be called in question in any Civil Court.

Procedure of Tribunal.

1. (1) The Tribunal shall, for the purpose of deciding any appeal, follow such procedure as may be prescribed by rules.
2. (2) In deciding any appeal, the Tribunal shall have regard to the principles of natural justice and other provisions of this Act or any rules made thereunder.

Powers of Tribunal.

1. (1) The Tribunal shall, for the purpose of deciding any appeal under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters, namely:—
   • (a) summoning and enforcing the attendance of any person and examining him on oath;
   • (b) requiring the discovery and production of documents;
   • (c) receiving evidence on affidavits;
   • (d) issuing commissions for the examination of witnesses or documents;
   • (e) such other matters as may be prescribed by rules.
2. (2) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code and for the purposes of Section 196 of that Code.

Decision of Tribunal.

1. (1) The Tribunal may, after giving both parties to the dispute an opportunity of being heard, pass such orders as it deems fit.
2. (2) The decision of the Tribunal shall be final and shall not be questioned in any court.
3. (3) The Tribunal shall send a copy of its decision to the parties to the dispute and to the concerned University.

Bar of jurisdiction of courts. No court shall have jurisdiction to settle, decide or deal with any dispute which is under this Act required to be settled, decided or dealt with by the Tribunal or to enforce any order passed by the Tribunal.

Power to make rules.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may be made for all or any of the following matters, namely:—
   • (a) the procedure to be followed by the Tribunal under sub-section
3. (2) of section 12;
   • (b) any other matter which is to be, or may be, prescribed by rules under this Act.
4. (3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to rescission by the State Legislature or such modification as the State Legislature may make during the session in which they are so laid, or the session immediately following.
5. (4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.

Power to remove difficulties. If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.