Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com GUJARAT UNIVERSITIES SERVICES TRIBUNAL ACT, 1983 1 of 1988 [] CONTENTS PART 1 :- PRELIMINARY 1. Short title, extent and commencement 2. Definitions PART 2 :- TRIBUNAL 3. Constitution of Gujarat Universities Services Tribunal 4. Term of office and conditions of service of person appointed to be Tribunal 5 . Power of State Government to terminate appointment before expiry of term 6. Head-quarters of Tribunal 7. Jurisdiction of Tribunal 8. Dispute to be decided by Tribunal 9. Power of Tribunal to make regulations 10. Tribunal to have powers of court 11. Proceedings before the Tribunal to be judicial proceeding 12. Finality of decision of Tribunal 13. Bar of jurisdiction of Civil Court PART 3 :- PROCEDURE FOR IMPOSITION OF PENALTY ON UNIVERSITY EMPLOYEES 1 4 . Appeal to Tribunal against certain penalties imposed on University employees 15. Suspension of University employee pending inquiry PART 4 :- MISCELLANEOUS 16. Certain contracts etc. to be null and void 17. Power of Government to make rules 18. Amendment of certain provisions of Acts relating to Universities in the State SCHEDULE 1 :- SCHEDULE GUJARAT UNIVERSITIES SERVICES TRIBUNAL ACT, 1983 1 of 1988 [] (First published, after having received the assent of the President in the "Gujarat Government Gazette" on the 6th January, 1988) An Act to provide for the constitution of a Tribunal for the purpose of determining disputes relating to conditions of service of the members of the teaching, other academic and non-teaching staff of Universities in the State of Gujarat, for procedure for imposition of penalty on any such member and for matters connected therewith. It is hereby enacted in the Thirty-fourth Year of the Republic of India as follows: PART 1 PRELIMINARY 1. Short title, extent and commencement :- (1) This Act may be called the Gujarat Universities Services Tribunal Act, 1983. (2) It extends to the whole of the State of Gujarat. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Definitions :- In this Act, unless the context otherwise, requires, (a) "appointed day" means the date on which this Act comes into force under sub-section (3) of section 1 ; (b) "disciplinary authority" in relation to any University means any authority or officer of the University competent to take disciplinary action against a University employee : (c) "notified order" means an order published in the Official Gazette. (d) "prescribed" means prescribed by rules made under section 17; (e) "relevant University Act" means the Gujarat University Act, 1949, (Bom. 50 of 1949) the Maharaja Sayajirao University of Baroda Act, 1949 (Baroda Act 17 of 1949) the Sardar Patel University Act, 1955 (Bom. XL of 1955), the South Gujarat University Act, 1965 (Guj. 38 of 1965), the.Saurashtra University Act, 1965 (Guj. 39 of 1965), or as the case may be, the Bhavnagar University Act, 1978 (Guj. 26 of 1978) ; (f) "University" means a University constituted under the relevant University Act and includes any institution of higher education in the State other than a University, declared under section 3 of the University Grants Commission Act, 1956 (III of 1956) to be a deemed University for the purposes of the said Act; (g) "University employee" means any member of the teaching, other academic and non-teaching staff of a University (whether confirmed or temporary or on probation) in the service of such University and for the purpose of any proceeding under this Act in relation to a dispute referred to in section 8, includes any such member who has been dismissed, or removed or whose services are otherwise terminated; (h) "Tribunal" means the Gujarat Universities Services Tribunal constituted under section 3. PART 2 TRIBUNAL 3. Constitution of Gujarat Universities Services Tribunal :- (1) There shall be established by the State Government by a notified order a Tribunal to be called the Gujarat Universities Services Tribunal. 4. Term of office and conditions of service of person appointed to be Tribunal :- The term for which the person constituting the Tribunal shall hold office and his conditions of service shall be such as may be prescribed. 5. Power of State Government to terminate appointment before expiry of term :- The State Government may terminate the appointment of a person to be the Tribunal before the expiry of the term of his office if such person (i) 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. Head-quarters of Tribunal :- (1) The head-quarters of the Tribunal shall be at such place as the State Government may, by a notified order, determine. (2) Notwithstanding anything contained in sub-section (1), the Tribunal may sit at such other place or places or other than the place of its head-quarters as the Tribunal may, with the approval of the State Government, appoint. 7. Jurisdiction of Tribunal :- (1) The Tribunal shall have jurisdiction to entertain and decide disputes referred to in section 8, all suits and proceedings transferred to it under sub-section (2) of section 13 and appeals made under sub-section (3) of section 14. (2) Where any order of dismissal, removal or reduction in rank or otherwise termination of service of a University employee is decided by the Tribunal to be wrong, unlawful or otherwise unjustified, the Tribunal may pass an order direct- ing that the University employee shall be reinstated in service or, as the case may be, restored to the rank, which he held immediately before his dismissal, removal reduction in rank or otherwise termination of service by the University and the University shall forthwith comply with such direction. (3) Notwithstanding anything contained in any other law for the time being in force, where the Tribunal has jurisdiction to entertain and decide a dispute as aforesaid, no other person, officer or authority shall have jurisdiction to entertain and decide such dispute and any such dispute pending before any person, officer, or authority on the appointed day shall, as soon as may be, be transferred to the Tribunal for its decision. 8. Dispute to be decided by Tribunal :- Where there is any dispute between the University and any University employee, which is connected with the conditions of service of such University employee, the University or, as the case may be the University employee may make an application to the Tribunal for the decision of the dispute. 9. Power of Tribunal to make regulations :- The Tribunal may, with the previous sanction of the State Government, make regulations consistent with the provisions of this Act and the rules made thereunder, for regulating its procedure including the award of costs by the Tribunal and the right of audience before the Tribunal and for the purpose of effective discharge of its functions and disposal of its business. 10. Tribunal to have powers of court :- (2) The Tribunal shall be deemed to be a Court for the purpose of section 5 of the Limitation Act, 1963 (36 of 1963). 11. Proceedings before the Tribunal to be judicial proceeding :- All proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860). 12. Finality of decision of Tribunal :- Every decision of the Tribunal shall be final and shall not be called in question before any Civil Court or any other authority. 13. Bar of jurisdiction of Civil Court :- (1) No Civil Court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the Tribunal. PART 3 PROCEDURE FOR IMPOSITION OF PENALTY ON UNIVERSITY EMPLOYEES 14. Appeal to Tribunal against certain penalties imposed on University employees :- (2) No penalty, other than a penalty referred to in sub-section (1), shall be imposed on a University employee unless such employee is given a reasonable opportunity of being heard. (3) A University employee aggrieved by an order of any penalty imposed on him under sub-section (1) may make an appeal to the Tribunal within a period of thirty days from the date of the order passed by the disciplinary authority. 15. Suspension of University employee pending inquiry :- Where a University employee is suspended pendingany inquiry proposed to be held against him, the employee shall, during the period of suspension, be entitled to such subsistence allowance and on such conditions as may be prescribed : Provided that where an order of suspension is made by an officer or authority, not being the disciplinary authority, the fact of such suspension together with the grounds therefor shall be communicated by the officer, or, as the case may be, authority within seven days after such suspension to the disciplinary authority and such suspension shall be subject to the ratification by the disciplinary authority within a period of forty-five days from the date of the receipt of the communication by the disciplinary authority and where such ratification is not communicated to the officer or authority making the order of suspension with in the said period of forty five days, the suspension of the employee shall cease to have effect on the expiry of such period. PART 4 MISCELLANEOUS 16. Certain contracts etc. to be null and void :- (a) Every contract between the University and a University employee whether made before or after the appointed day; and (b) any term or condition of service of the University employee whether employed before or after the appointed day, shall, to the extent that it takes way any right conferred on such University employee by or under this Act or to the extent of any inconsistency with the provisions of this Act and the rules made thereunder, be null and void. 17. Power of Government to make rules :- (1) The State Government may, by notification in the Official Gazette make rules for carrying out the purposes of this Act. (3) The Power to make rules conferred by this section shall be subject to the conditions of the rules being made after previous publication. (4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or to such modifications, as the State Legislature may make during the session in which they are so laid or the session immediately following. (5) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect. 18. Amendment of certain provisions of Acts relating to Universities in the State :- Each of the relevant University Acts specified in column (1) of the Schedule appended to this Act shall be amended in the manner and to the extent specified against it in column (2) thereof with effect on and from the date on which the Tribunal is constituted under section 3. SCHEDULE 1 SCHEDULE SCHEDULE (See section 18) Title of the Act Extent and manner of Amendment 1 2 1. The Gujarat Univer- (1) Section 52 shall be deleted. sity Act, 1949 (Bom. 50 of 1949) (2) In section 52-A for sub-section (2), the following sub-section shall be substituted, namely : "(2) The decision of the Tribunal shall be final and no suit shall lie in any civil court in respect of the matter decided by the Tribunal. Every request made under sub-section (1) shall be deemed to be submission to arbitration upon the terms of this section within the meaning of the Indian Arbitration Act, 1940 and the provisions, of that Act shall apply accordingly." 2. The Maharaja Saya- Section 55 shall be deleted. jirao University of Baroda Act, 1949 (Baroda Act 17 of 1949). 3. The South Gujarat Section 53 shall be deleted. University Act, 1965, (Guj. 38 of 1965) 4. The Saurashtra Uni- Section 53 shall be deleted versity Act, 1965 (Guj. 39 of 1965) 5. The Bhavnagar University Act, 1978 (Guj. 26 of 1978) Section 58 shall be deleted.