Section 39 in The Gujarat Secondary and Higher Secondary Education Act, 1972
39. Tribunal.
(1)There shall be constituted by the State Government by an order published in the Official Gazette one or more Tribunals for the purposes of this Act.(2)A Tribunal shall have jurisdiction in the whole of the State or in respect of a city having a population exceeding two lakhs as ascertained at the last preceding census of which the relevant figures have been published or in respect of a district or group of districts as may be specified in the order.(3)The State Government shall appoint a District Judge or a person who has been or is qualified to be a Judge of a High Court or 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 sub-section (1) of section 38 and to deal with and decide all applications and proceedings made or transferred to it under the said section 38 or under sub-section (2) of Section 40 and also to entertain and decide appeals made under sub-section (5) of Section 36.(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 a suit, in respect of the following matters, namely:(a)enforcing the attendance of any person and examining 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 proceeding within the meaning of a Sections 193 and 228 of the Indian Penal Code (XLV of 1860).(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 head-master, a teacher or a member of the non-teaching staff of a registered private secondary school is decided by the Tribunal to be wrong, unlawful or otherwise unjustified, the Tribunal may pass an order directing that the head-master, the teacher or, as the case may be, the member of the non-teaching staff 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, and the manager shall forthwith comply with such direction.
