Amendment status not verified — confirm the current text below against the official source.
(1) Where it appears to the State Government that any order or decision of any officer or authority in relation to any specified civil servant with respect to any of the matters specified in the Schedule against which an appeal lies to the Tribunal under section 11 require to be modified, annulled or reversed -- (i) on the ground that it is contrary to law, or (ii) on the ground that it is inconsistent with the material on record, or (iii) for any other sufficient reason in the interest of justice, the State Government may, within a period of ninety days from the date of such order or decision, make an application to the Tribunal to modify, annul or reverse such order or decision. (2) No such application shall be decided by the Tribunal without notice being given to the civil servant concerned to appear and be heard in support of such order or decision. 1[12A. (1) If at any stage in any proceedings before the Tribunal it appears to the Tribunal that the proceedings raise a question, as to the interpretation of a law, which is of such a nature and of such public importance that it is expedient to issue notice to the State Government, the Tribunal shall issue notice to the Government and the Government may, if it thinks fit, appear and the Tribunal shall then hear the State Government before deciding the question. (2) If it appears to the State Government that in its opinion the interpretation of a provision of law in any proceeding before the Tribunal is of such a nature and of such public importance that it is expedient that the State Government be heard before Power of State Government to apply for modification, or annulment of order or decision. State Government to be heard in certain cases 9 decision of the question, it may apply to the Tribunal in such proceedings to be heard, and the Tribunal shall not decide the question without hearing the State Government. 12B The Tribunal may of its own motion or on the application made by a specified civil servant aggrieved by any decision or order of the Tribunal within two months from the date of communication of such decision or order to him, review such decision or order on any of the following grounds, namely :- (1) that some new or important matter or evidence which could not be discovered earlier after the exercise of due diligence and which was likely to materially affect the decision or order of the Tribunal was discovered after such decision or order ; or (2) that there was some mistake or error apparent on the face of the record; or (3) that the decision or order required to be reviewed for any other sufficient reason : _____________________________________________________________________ 1.. Sections 12-A and 12-B were inserted by Guj. 22 of 1980 , s. 7. Provided that no such review shall be made after the expiry of a period of two years from the date of the decision or order concerned.] 13 (1) For the purpose of exercising its jurisdiction under this Act, the Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 in respect of the following matters, namely :- (a) summoning and enforcing the attendance of any person and examining him on oath ; (b) requiring the discovery and production of documents; (c) issuing commissions for the examination of witnesses; (d) any other matter which may be prescribed. (2) The Tribunal shall be deemed to be a court for the purpose of section 5 of the Limitation Act, 1963 Review Tribunal to have powers of Court V of 1908 86 of 1963 10 14 All proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code. 15 All members of the Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. 1 [ 16. (1) No Civil Court shall have jurisdiction to deal with or decide any question which by or under this Act is required to be or can be dealt with or decided by the Tribunal under the provisions of this Act: Provided that any proceeding in relation to any such question which may be pending in any Civil Court immediately before the date of the commencement of the Amending Act shall be continued in, and disposed of by, such Court as if the said Act had not been passed. (2) Every decision of the Tribunal passed under this Act shall be final and shall not be called in question before any Civil Court or any other authority. 16 A All orders passed by the Tribunal shall be executed in the same manner in which similar orders, if passed by the State Government, could have been executed.] 17 No legal practitioner shall be allowed to appear in any proceedings before the Tribunal except with the permission of the Tribunal. 18 Notwithstanding anything contained in the Bombay Court Fees Act, 1959 , no court fee shall be levied on any appeal or application made to the Tribunal under this Act. __________________________________________________________ 1.Sections 16 and 16-A were substituted for section 16, by Guj.22 of 1980,s.8 Proceedings before Tribunal to be judicial proceedings XLV of 1860 Members of Tribunal to be public servants XLV of 1860 Bar of Jurisdiction of Civil Courts Manner of executive orders passed by Tribunal Bar to appearance of legal practitioners Exemption from payment of Court fees Bom.XXX VI of 1959 11 [Sec.18A Records to be open to inspection and extracts and copies to be given therefrom. Subject to such rules and the payment of such fees as the State Government may from time to time prescribe in this behalf, the records of the Tribunal shall be open to the inspection of the public at reasonable hours, and certified extracts from the same or the certified copies thereof shall be given to any person applying for the same] Sec. 19. Amendment of Schedule. The State Government may, by notification in the Official Gazette, add to the Schedule any entry relating to any matter affecting specified civil servants and thereupon the Schedule shall be deemed to have been amended accordingly for the purposes of this Act. Sec.20 Rules (1) The State Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) All rules made under this Act shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to recession by the State Legislature or to such modification as the State Legislature may make, during the session in which they are so laid or the session immediately following. ________________________________________________________________