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State of Gujarat - Section

Section 3 in The Gujarat Civil Services Tribunal Act, 1972

3. Constitution of Tribunal.

(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 [for a period of not less than five years] [These words were substituted for the words 'for a period of not less than ten years', by Gujarat 22 of 1980, Section 4 (i).],
(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:[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.] [This proviso was added, by Gujarat 22 of 1980, Section 4 (ii).][Explanation. 1-In computing the period of three years or as the case may be 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.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 (Bombay I of 1904)] [Explanations 1 and 2 were substituted for the existing Explanation, by Gujarat 22 of 1980, Section 4 (iii).].