State Act

THE PUNJAB AFFILIATED COLLEGES (SECURITY OF SERVICE) ACT, 1974

2[7-A. (1) The State Government may, by notification, in the Official Gazette, constitute one or more Educational Tribunals for such area or areas, as may be specified in such notification. (2) Each Educational Tribunal shall consist of a Chairman and two members, out of whom, one shall be from amongst the persons, who have administrative background and the other from amongst the persons, who have academic background. 3[(3) The Chairman of an Educational Tribunal, shall be appointed by the State Government in consultation with the Chief Justice of the Punjab and Haryana High Court. The members of an Educational Tribunal shall be appointed by the State Government.] (4) A person shall not be qualified for appointment as Chairman of an Educational Tribunal. unless he has been a Judge of the High Court. (5) A person shall not be qualified for appointment as a member of an Educational Tribunal from the category of persons, having administrative background, unless he has been an officer of the State Government, not below the rank of a Principal Secretary to Government of Punjab. (6) A person shall not be qualified for appointment as a member of an Educational Tribunal from the category of persons, having academic background, unless he has been a Principal of College for a minimum period of one year. 4[(7) (i) If a vacancy, other than on account of temporary absence, occurs in the office of the chairman or a member, the State Government shall appoint another person in accordance with provisions of this section to fill the vacancy. (ii) Subject to the provisions of sub-section (15), the Chairman and at least one other member or in the case of the vacancy in the office of Chairman, two members shall constitute proper quorum of the Educational Tribunal: Provided that if the office of the Chairman is vacant otherwise than on account of a temporary vacancy, the member appointed under sub-section (3) read with sub-section (5), shall exercise the powers of the Chairman during the period of such vacancy. (iii) No proceedings of the Educational Tribunal shall be invalid merely on account of a vacancy in the office of the Chairman or a member.] (8) The State Government shall make available to an Educational Tribunal such staff, as may be necessary in the discharge of its functions under this Act. (9) All expenses incurred in connection with an Educational Tribunal,shall be borne by the State Government (10) The Educational Tribunal shall have power to regulate its own procedure in all matters arising out of the discharge of its functions including the place or places at which, it shall hold its sittings: Provided that the State Government, may, specify any place or places, where the Educational Tribunal shall hold its sittings. (11) The Educational Tribunal shall, for the purposes of disposal of an application made under this Act, have the same powers, as are vested in an appellate court by the 1[Code of Civil Procedure,1908, including the power of review of its own order.] An Educational Tribunal shall also have the power to stay the operation of any order, appealed against, on such terms, as it may think appropriate. (12) The Educational Tribunal shall have jurisdiction to hear all cases of disputes between the Managing Committees' and the 'employees', as defined in this Act, and the Punjab Privately Managed Recognised Schools Employees (Security of Service) Act, 1979.] 1[(13) Subject to the power of review of its own orders, the orders of the Educational Tribunal shall be final.]] 2[(14) (i) Where any amount is due from any person under an order made by the Educational Tribunal, the person entitled to the amount may make an application to the Educational Tribunal and the Educational Tribunal may order the bank account of the person from whom such amount is recoverable to be attached and direct the concerned bank to stop all payments out of the bank account so attached. (ii) If the person from whom the amount is due or recoverable fails or omits to make the payment of the dues to the person entitled to receive such amount within three months from the date of attachment, the Educational Tribunal may direct the bank to deposit the amount due out of the balance available in the bank account attached under clause (i) to be paid to the party entitled thereto and on deposit of such amount the attachment shall stand vacated. (iii) If the Educational Tribunal deems it not practicable or convenient to recover the amount, due from a person, under the clauses (i) and (ii), it may issue a certificate for the said amount to the Collector of the district and the Collector shall proceed to recover the amount in the same manner as arrears of land revenue. (15) (i) Notwithstanding anything contained in this section, the Chairman may constitute Benches consisting of the Chairman and one member or of two members to be called Double Benches or of a Chairman or of a member to be called Single Benches, and assign or reassign or transfer between Benches such cases or class or classes of cases, to such benches by passing general or special orders and such Benches shall exercise jurisdiction, powers and authority of the Educational Tribunal. (ii) The quorum of the Full Bench of the Educational Tribunal shall be regulated in terms of sub-section (7). (iii) If at any stage of the hearing of a case or matter a Single Bench deems fit and makes a reference to the Chairman that the case or matter is of such a nature that it ought to be heard by the Full Bench or another Single Bench, the Chairman may transfer such case or matter to such other Single Bench or Full Bench as the Chairman may deem fit. (iv) If a case is transferred from one Bench to another Bench, proceedings before such other bench shall continue from the stage at which they are received.]