42A. [ Constitution of College Tribunals for adjudication of certain disputes or differences between employees and Management in private affiliated Colleges and Recognised Institutions. [Sections 42-A to 42-H were inserted by Maharashtra II of 1978, section 3.]
(1)The State Government shall, after consultation with the University, by notification in the Official Gazette, constitute one or more Tribunals to be called the College Tribunals, for the adjudication of disputes or differences between the employees and the Management of any affiliated College or Recognised Institution (other than that managed and maintained by the State Government or the University) connected with, or arising out of, the matters specified in section 42-B; and different Tribunals may be constituted for different Colleges or Institutions or different classes of their employees.(2)A Tribunal shall consist of one person only to be appointed by the State Government, after consultation with the University.(3)A person shall not be qualified for appointment as a Presiding Officer of a Tribunal, unless -(a)he is holding or has held a judicial office not lower in rank than that of District Judge;(b)he has practiced as an Advocate for not less than ten years;(c)he is holding or has held an office not lower in rank than that of Deputy Secretary to Government, Deputy Commissioner of Labour or Joint Director of Education in the State; or(d)he is or has been a Principal of an affiliated College or Recognised Institution for not less than five years.(4)The appointment of a person as a Presiding Officers of a Tribunal may be on a full time or part time basis, and may be for such period or periods, but not exceeding five years in the aggregate, as the State Government, may, from time to time, in each case decide.(5)The remuneration and other conditions of service of the Presiding Officer shall be determined by the State Government, after consultation with the University.(6)The University shall make available to a Tribunal such ministerial staff as may be necessary for the discharge of its functions under this Act.(7)All expenditure on account of the remuneration, pension or provident fund contribution, leave allowance and other allowances and facilities, which may be admissible to the Presiding Officer and the staff placed at his disposal, shall be met from the University Fund.(8)If any vacancy, other than a temporary vacancy, occurs, in the office of the Presiding Officer of a Tribunal, the State Government shall, as soon as possible, after consultation with the University appoint another qualified person to fill the vacancy. Any proceedings pending before the former Presiding Officer may be continued and disposed of by his successor from the stage at which they were when the vacancy occurred.
