The Jharkhand Education Tribunal Act, 2005
jharkhand · 2005
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Establishes the Jharkhand Education Tribunal Act, 2005, its application across Jharkhand, and its effective date.
- S. 2Definition – In this Act, unless the context otherwise requires-; a
- S. 3The section allows the State Government to establish an Education Tribunal in Jharkhand.
- S. 4Section 4 outlines the composition, qualifications, and jurisdiction of the Jharkhand Education Tribunal.
- S. 5Section 5 sets the term of office for the Chairman or other Members of the Jharkhand Education Tribunal at three years.
- S. 6Section 6 sets salaries, allowances, and service terms for the Jharkhand Education Tribunal's Chairman and Members, prescribed by the State Government, with no adverse changes post-appointment.
- S. 7Section 7 mandates the State Government to appoint and regulate staff for the Jharkhand Education Tribunal, specifying their service conditions and employment basis.
- S. 8Section 8 grants the Jharkhand Education Tribunal jurisdiction over recruitment, service conditions, employee grievances, and educational institution management issues.
- S. 9Section 9 allows aggrieved individuals to apply to the Jharkhand Education Tribunal for grievance redressal against certain educational institution orders.
- S. 10Section 10 sets time limits for grievances to be heard by the Jharkhand Education Tribunal, with exceptions for recent issues and condonation of delays.
- S. 11Section 11 outlines the procedure and powers of the Jharkhand Education Tribunal, allowing it to regulate its own process and possess civil court powers for dispute resolution.
- S. 12Section 12 allows applicants to the Jharkhand Education Tribunal to either appear alone or with a chosen legal practitioner.
- S. 13Section 13 outlines conditions for making interim orders in education tribunal proceedings, requiring notice to the opposing party and opportunity to be heard, with exceptions.
- S. 14Section 14 states that decisions are made by majority opinion among members of the Jharkhand Education Tribunal.
- S. 15APPEAL – Appeal against the order/judgments passed by the Tribunal will lie before the Jharkhand High Court
- S. 16Section 16 deems all proceedings before the Jharkhand Education Tribunal as judicial proceedings under the Indian Penal Code.
- S. 17Section 17 deems the Chairman, Members, officers, and employees of the Tribunal as public servants under the Indian Penal Code.
- S. 18Section 18 protects the tribunal's chairman, members, and authorized persons from legal actions for good faith actions under the Act.
- S. 19Section 19 ensures the Jharkhand Education Tribunal Act overrides any conflicting laws or instruments.
- S. 20Section 20 empowers the State Government to create rules for the Tribunal's financial, administrative, and personnel matters.
- S. 21The State Government can create rules retroactively but not before the Act's enforcement, avoiding adverse impacts on individuals.
- S. 22Section 22 grants the Jharkhand Education Tribunal powers to enforce its orders under the Civil Procedure Code.
- S. 23Section 23 mandates the State Government to present rules made under the Jharkhand Education Tribunal Act to the state legislature promptly.