(1) For the purpose of securing in a more effective and satisfactory manner the just claims and interests of specified civil servants with respect to certain matters affecting their rights the State Government shall, by a notified order and with effect on and from such date as may be specified therein , constitute a Tribunal to be called the Gujarat Civil Services Tribunal , consisting of the President and as many other members as the State Government may from time to time determine.
(2) The President shall be a person who has held a post not lower in rank than that of a Secretary to Government for a period of not less than three years or not lower in rank than that of a District Judge 2[ for a period of not less than five years]
(3) In making appointment of other members of the Tribunal, the State Government shall have due regard to the need for including in the Tribunal a reasonable number or proportion of persons having sufficient judicial experience or experience of matters relating to administration:
3[ Provided that no person shall be appointed as such other member of the Tribunal on the basis of experience of matters relating to administration unless he has worked for at least two years (whether singly or cumulatively) on the post of a Joint Secretary to the State Government or on a post which, in the opinion of the State Government, is a post equivalent to the post of a Joint Secretary] 4 [ Explanation ] 1. - In computing the period of three years, or, as the case may , five years for the purpose of sub-section (2), the period of service rendered by a person as a member of the Tribunal shall also be taken into account as if it were a period during which such person served as a Secretary, or, as the case may be, a District Judge.
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1. Clause (h) was substituted, by Guj. 22 of 1980 & 3(ii)effective from 5/1/ Constitution of Tribunal 5
2. These words were substituted for the words ' for a period of not less than ten years " ibid, 4(i)
3. This proviso was added, ibid, s. 4(ii)
4. Explanations 1 and 2 were substituted for the existing
Explanation, ibid, s. 4(iii)
Explanation 2. - In sub-section (2), "District Judge ", shall have the meaning assigned to that expression in clause (15) of section 3 of the Bombay General Clauses Act, 1904 ]
4. The term for which the President and other members of the Tribunal shall hold office and their other conditions of service shall be such as may be prescribed.
5. The State Government may terminate the appointment of any member of the Tribunal before the expiry of the term of his office if such member -
(i) is adjudged an insolvent, or
(ii) engages during his term of office in any paid employment outside the duties of his office, or
(iii) is, in the opinion of the State Government, unfit to continue in office by reason of infirmity of mind or body, or
(iv) is convicted of an offence involving moral turpitude.
6. Any vacancy in the membership of the Tribunal shall be filled up by the State Government as soon as practicable :
Provided that if any member of the Tribunal becomes, by reason of illness or other infirmity, temporarily incapable of performing the duties of his office, the State Government may appoint some other person to discharge his duties for any period not exceeding six months at a time.
Bom.I of 1904 Term of office and conditions of service of members of Tribunal Power of State Government to terminate appointment before expiry of term Filling of Vacancies 6 1 [ 7. (1) During any vacancy or absence on leave or otherwise of the President
(a) in a case where the Tribunal consists of two members, the other member, and
(b) in a case where the Tribunal consists of more than two members such other member as may be authorised by the State Government by a general or special order, shall perform the functions of the President
(2) During any vacancy or absence on leave or otherwise of a member other than the President, -
(a) in a case where the Tribunal consists of two members, the President and
(b) in a case where the Tribunal consists of more than two members, the President and the other remaining members, may act as Tribunal as if the Tribunal consisted of only the President or, as the case may be, the President and such other members. ] ___________________________________________________________________
1. Section 7 was substituted by Guj. 22 of 1980 s.5.
8 (1) If the members of the Tribunal are divided in opinion, the decision shall be according to the decision of the majority, but if the members are equally divided, the decision shall be according to the decision of the President.
(2) Subject to the provision contained in sub-section (1) and the previous sanction of the State Government, the Tribunal shall, for the purpose of regulating its procedure (including the place or places at which it shall hold its sittings and the formation of its Benches, if necessary ) and the effective discharge of its functions and disposal of its business, make regulations consistent with the provisions of this Act and the rules made thereunder.
(3) The regulations made under sub-section (2) shall be published in the Official Gazette.
Discharge of functions by President or member during vacancy or absence Power of Tribunal to make regulations 7
9. The headquarters of the Tribunal shall be at such place as the State Government may, by notified order, determine.
10. The Tribunal shall have jurisdiction to hear and decide --
(a) appeals filed by specified civil servants under section 11;
(b) any application filed by the State Government under section 12;
(c) appeals and applications transferred to it under section 21.