Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com GUJARAT HIGHER SECONDARY SCHOOLS SERVICES TRIBUNAL (PROCEDURE) REGULATIONS, 1985 CONTENTS 1. Short title 2. Definitions 3. Place and notice of date of hearing 4. Presentation of appeals and applications 5. Registration of appeals and applications 6. Intimation to Director of Higher Education and calling of record and proceedings of Officer authorised under clause (b) of sub- section (1) of section 14 7. Stay of execution of order 8. Notice of hearing 9. Procedure at the hearing 10. Hearing in the absence of parties 11. Adjonrnment 12. Pronouncement of judgment 13. Copies of documents on payment of fees 14. Costs 15. Tribunal to fellow provisions of Civil Procedure Code In matters not provided in these regulations GUJARAT HIGHER SECONDARY SCHOOLS SERVICES TRIBUNAL (PROCEDURE) REGULATIONS, 1985 In exercise of the powers conferred by Section 9 of the Gujarat Higher Secondary Schools Services Tribunal Act, 11983 (Gujarat Act No. 12 of 1983) the Tribunal, with the previous sanction of the Government of Gujarat, hereby makes the following Regulations, namely:- 1. Short title :- These regulations may be called the Gujarat Higher Secondary Schools Services Tribunal (Procedure) Regulations, 1985. 2. Definitions :- (1) In these regulations, unless the context otherwise requires: (a) 'Act' means the Gujarat Higher Secondary Schools Services Tribunal Act, 1983. (b) 'Appeal' means an appeal under sub-section 6 of Section 14 . (c) 'Application' means in application under Section 8 . (d) 'Section' means a Section of the Act. (2) Words and expressions used in these regulations but not defined in these regulations shall have the meaning assigned to them in the Act. 3. Place and notice of date of hearing :- (1)All appeals and applications shall ordinarily be heard at the Tribunal's Head-quarters: Provided that the Tribunal may, by reason of the great number of appeals or applications in respect of any area or for any other reasons, hear the parties concerned at any other convenient place in the State of Gujarat with the approval of the State Government. (2) Sufficient notice about the sitting of the Tribunal outside the Tribunals's Headquarters shall be given by its publication on the notice-board of the Tribunal and in writing to the parties concerned directly or through the Director of Higher Education. (3) The date, time, agenda and place of the hearing as fixed by the Tribunal shall be communicated in writing to all the concerned parties by the office of the Tribunal at least 10 days before the date of the hearing. The notice shall also state that if the party concerned does not appear before the Tribunal on the date or on any date to which the hearing may be adjourned the Tribunal shall h e a r and decide the appeals or, as the case may be. the applications, exparte. 4. Presentation of appeals and applications :- (1) An appeal of application shall be presented during office hours by the appellant or applicant, as the case may be, in person or by duly appointed agent to any clerk of the office of the Tribunal designated by the Tribunal in this behalf (herein after referred to in these regulations as "Designated Clerk") or shall be sent by Registered post with acknowledgment due. (2) Where such appeal of application is presented by an agency, it shall be accompanied by a letter of authority appointing him as such. (3) (a) Every memorandum of appeal or application for the decision of the dispute shall, (i) be written legibly in ink or typed in English or Gujarati language on a durable foolscap or other papers similar to it in size and quality: (ii) contain all material statements and arguments relied on by the appellant or applicant: (iii) contain no disrespectful or improper language: (iv) be accompanied by a copy of the order appealed against; and (v) in all other respects be complete in itself. (4) Every appeal filed after the expiry of the period of limitation specified in sub-section 6 of Section 14 shall state why it was not filed in time. (5) Every appeal or application shall specify the names and addresses of the appellant or applicant and also the names and addresses of the opposite parties and the appeal or application shall be accompanied by such number of copies as are required to be served on the opposite parties. (6) Every appeal shall be accompanied by the order complained of in original or by one certified copy of such order. Explanation.-For the purpose of this sub-regulation 'Certified Copy' means the copy certified by the officer authorised under clause (b) of sub-section (1) of Section 14 . 5. Registration of appeals and applications :- (1) When an appeal or application is received in the office of the Tribunal the date of receipt shall be endorsed therein by the designated clerk. The designated clerk then shall submit the same to the Tribunal for orders of the Tribunal. (2) If the Tribunal fined that the appeal or the application does not conform to any provision of these Regulations, it shall make a note on the appeal or application to that effect and shall call upon the party concerned or his agent, if any, to remedy the defects within a period of fifteen days of the receipt of notice to do so. The Tribunal may for good cause extend the period for the purpose of remedying the defects. (3) If the defects are remedied within the period allowed under sub-regulation (2), the tribunal shall cause the appeal or the application as the case may be, to be registered in the appropriate register. (4) If the party concerned or his agency fails to remedy the defects within the said period, the tribunal may. after recording the reasons for doing so. reject the appeal or application. (5) If the application conforms to the requirement of these Regula- tions, the tribunal shall cause the appeal or application to be registered in the appropriate register. 6. Intimation to Director of Higher Education and calling of record and proceedings of Officer authorised under clause (b) of sub-section (1) of section 14 :- (1) Where an appeal or application has been registered, the tribunal shall send an intimation about the same to the Director of Higher Education and may call for the record and proceedings relating to the order against which an appeal is filed from the concerned authorised officer. (2) On completion of proceeding before the tribunal relating to the appeal, the tribunal shall return to the concerned authorised officer, the record and proceedings called for under these Regulations. 7. Stay of execution of order :- (1) Pending decision of an appeal or an application made to the tribunal, tribunal may direct the execution of any order against which the appeal or application is made to be stayed on such conditions as it thinks fit. (2) An order made under sub-regulation (1) may be vacated by the Tribunal: Provided that before such order is vacated, a notice shall be given to the party in whose favour such order had been made to show cause why it should not be vacated and an opportunity shall be given to such party of being heard. 8. Notice of hearing :- (1) After an appeal or application has been registered, a notice shall be delivered in person or sent by registered post to all the concerned parties calling upon each of them to appeal before the tribunal on the date specified in the notice. (2) The notice shall also declare- (a) that if the appellant or applicant does not appear before the tribunal either in person or through an agent on the date specified in the notice or any subsequent date to which the hearing may be adjourned, the tribunal may dismiss the appeal or application for default of appearance or may decide it exparte. (b) that if the respondent or opponent does not appear before the tribunal either in person or through an agent on the date specified in the notice or any subsequent date to which the hearing may be adjourned, the tribunal may decide it experts. 9. Procedure at the hearing :- On the date fixed or on any other day to which the hearing may be adjourned, the appellant or applicant or his agent shall ordinarily, b e heard first in support of his appeal or application. The respondent or the opponent or his agent shall, if necessary, be heard next and in such a case, the appellant or applicant or his agent shall be entitled to reply. 10. Hearing in the absence of parties :- (1) If on the date fixed for hearing or on any other day to which the hearing may be adjourned, the appellant or the applicant does not appear either in person or through his agent when the appeal or the application is called on for hearing, the tribunal may dismiss the appeal or application or may decide it on merits after hearing the respondent or opponent or his agent, if present. (2) If on the date fixed for hearing or on any other day to which the hearing may be adjourned, the opponent or the respondent as the case may be does not appear either in person or through his agent when the appeal or application is called on for hearing, the tribunal may decide, the same exparte on merits after hearing the appellant or applicant or his agent, if present. 11. Adjonrnment :- (1) The tribunal may. at any time, on such terms and conditions as it thinks fit, adjourn the hearing of any appeal or application. (2) Save as otherwise provided, the office of the tribunal, may postpone the hearing of appeal or application, if notice of hearing has not been served on either party. 12. Pronouncement of judgment :- (1) When the hearing of an appeal or application is complete, the tribunal may announce the substance of the judgment which is intended to be given or fix a date which shall be notified on the notice board of the tribunal and also be communicated In writing to the parties concerned. (2) Every judgment of the tribunal shall be in writing. (3) Copies of the decision of the tribunal of the appeal or application shall be given by the tribunal to all parties concerned free of costs. 13. Copies of documents on payment of fees :- (1) A person who is a party to an appeal or application before the tribunal may apply to the tribunal for certified copy of any document or statement produced, filed or made before the tribunal. (2) The application shall be accompanied by deposit of an amount to cover the cost of preparing copies according to the following scale of copying fees, namely:- (a) for the first 200 words or less in English Rs. 1.00 (b) for regional language 0.75 p.s. (c) for every additional 100 words or fraction thereof- English 0.75 p.s. Regional language 0.40 ps. Uniform extra copying fee of Rs. 2.00 per copy shall be charged on application for a copy required urgently. The amount calculated according to the above scale be retained and the balance, if any, deposited by the party shall be refunded to him at the time of supplying the copy. Provided that the party shall, if the amount deposited by him is not sufficient to cover copying fees, pay the deficit before taking delivery of the copy. 14. Costs :- (1) The tribunal may award costs to the successful parties varying from Rs. 100/- to Rs. 200/- looking to the merits of the case and number of the days spent in hearing of appeal or application. (2) The Tribunal may, looking to the circumstances of the case, award costs commensurate with expenses involved in attending the tribunal if the other side seeks an adjournment and the same Is granted by the tribunal. 15. Tribunal to fellow provisions of Civil Procedure Code In matters not provided in these regulations :- T h e Tribunal shall. In the matters not provided for in these Regulations follow the procedure as far as it is applicable, laid down in the Code of Civil Procedure, 1908 .