Section 40F in Gujarat Primary Education Act, 1947
40F. Tribunal.
(1)There shall be constituted by the State Government by an order published in the Official Gazette one or more Tribunals for the purpose of this Chapter.(2)A Tribunal shall have jurisdiction for such area as may be specified by the State Government in the order referred to in sub-section (1).(3)The State Government shall appoint a District Judge or a person who has been or is qualified to be Judge of a High Court or to be a District Judge to be the Tribunal.(4)It shall be the duty of the Tribunal to entertain and decide disputes of the nature referred to in section 40E and deal with and decide all applications and proceedings made or transferred to it under sub-section (2) of section 40G and also to entertain and decide appeal made under sub-section (5) of section 40B.(5)The Tribunal shall follow such procedure as the State Government may by general order direct.(6)The Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (V of 1908) when trying suit, in respect of the following matters, namely:-(a)enforcing the attendance of any person and examination him on oath;(b)compelling the production of documents and material objects;(c)issuing commissions for the examination of witnesses;(d)such other matters as may be prescribed;and every inquiry or investigation by the Tribunal shall be deemed to be a judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code.(7)The Tribunal shall be deemed to be a court for the purpose of section 5 of the Limitation Act, 1963 (36 of 1963).(8)The decision of the Tribunal shall be final and no suit shall lie in any Civil Court in respect of the matters decided by it.(9)Where any order of dismissal, removal or reduction in rank of a teacher of a recognized private primary school is decided by the Tribunal to be wrong, unlawful or otherwise unjustified, the Tribunal may pass an order directing that the teacher concerned shall be reinstated in service, or, as the case may be, restored to the rank which he held immediately before his reduction in rank, by the manager, land the manager shall forthwith comply with such direction.
