N.-W.F.P. Service Tribunals Act 1974

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North-West Frontier Province Service Tribunals Act 1974

ACT I OF 1974

An Act to provide for the establishment of service Tribunals to exercise jurisdiction in respect of matters relating to the terms and conditions of service of civil servants

[ Gazette of N.-W. F. P., Extraordinary, 28th March 1974 ]

(First published after having received the assent of the Governor of the North-West Frontier Province in the Gazette of North-West Frontier Province Extraordinary), dated the 28th March, 1974).

No. Legis. 1 (23)/73.-The North-West Frontier Province Service Tribunals Bill, 1974, having been passed by the Provincial Assembly of the North-West Frontier Province on the 26th March 1974, and assented to by the Governor of the North-West Frontier Province on the 28th March 1974, is hereby published as an Act of the Provincial Legislature of the North-West Frontier Province.

**Preamble.--**Whereas it is expedient to provide for the establishment of Administrative Tribunals, to be called Service Tribunals, to exercise exclusive jurisdiction in respect of matters relating to the terms and conditions of service of civil servants, and for matters connected therewith or ancillary thereto;

It is hereby enacted as follows

1. Short title, commencement and application.-(1) This Act may be called the North-West Frontier Province Service Tribunals Act, 1974.

(2) It shall come into force at once.

(3) It applies to all civil servants wherever they may be.

**2. Definitions.-**In this Act, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say-

(a) "civil servant" means a person who is a member of a civil service of the Province, or who holds a civil post in connection with the affairs of the Province, but does not include-

(i) a person who is on deputation to the Province from the Federation .or any other Province or other authority;

(ii) a person who is employed on contract, or on work-charged basis, or who is paid from contingencies; or

(iii) a person who is a `worker' or `workman' as defined in the Factories Act, 1934 (Act XIV of 1934), or the Workmen's Compensation Act, 1923 (Act VIII of 1923);

(b) "Government" means the Government or the North-West Frontier Province;

(c) "Province" means the North-West Frontier Province; and

(d) "Tribunal" means a Service Tribunal established under section 3.

3. Tribunals.-(1) The Governor may, by notification in the official Gazette, establish one or more Service Tribunals and, where there are established more than one Tribunal, the Governor shall specify in the notifica tion the class or classes of civil servants in respect of whom or the territorial limits within which, each such Tribunal shall exercise jurisdiction under this Act.

(2) A Tribunal shall have exclusive jurisdiction in respect of matters. relating to the terms and conditions of service of civil servants, including. disciplinary matters.

(3) A Tribunal shall consist of-

(a) a Chairman, being a person who has been, or is qualified to be Judge of High Court ; and

(b) not less than two and not more than four members each of whom, is a person who has for a period of not less than fifteen years held a Class I or an equivalent post under the Federal Government or a Provincial. Government.

(4) The Chairman and members of a Tribunal shall be appointed by the: Governor on such terms and conditions as he may determine.

(5) The Chairman or a member of a Tribunal may resign his office by writing under his hand addressed to the Governor.

(6) The Chairman or a member of a Tribunal may be appointed by name: or by designation.

**4. Appeals to Tribunals.-**Any civil servant aggrieved by any final order,. whether original or appellate, made by a departmental authority in respect of any of the terms and conditions of his service may, within thirty days of the communication of such order to him, prefer an appeal to the Tribunal having jurisdiction in the matter.

Provided that-

(a) where an appeal, review or representation to a departmental authority is provided under the North-West Frontier Province Civil Servants. Act, 1973, or any rules against any such order, no appeal shall lie to a Tribunal unless the aggrieved civil servant has preferred an appeal or, application for review or representation to such departmental authority and a period of ninety days has elapsed from the date on which such appeal,, application or representation was preferred; and

(b) no appeal shall lie to a Tribunal against an order or decision of a.. departmental authority determining-

(i) the fitness or otherwise of a person to be appointed to or hold & particular post or to be promoted to a higher post or grade; or

(ii) the quantum of departmental punishment or penalty imposed on a civil servant as a result of a departmental inquiry, except where the penalty imposed is dismissal from service, removal from service, or compulsory retirement.

Explanation. In this section, "departmental authority" means any, authority, other than a Tribunal, which is competent to make an order in, respect of any of the terms and conditions of service of civil servants.

5. Constitution of Benches.-(1) There may be constituted one or more Benches, each consisting of-

(a) the Chairman alone; or

(b) the Chairman and one or more members; or (c) one or more members, to be nominated by the Chairman for the purpose of admitting appeals for bearing, or dismissing appeals in l1mine on grounds to be recorded in writing after having heard the applicant or his counsel:

Provided that, notwithstanding anything to the contrary contained in this Act, the Bench consisting of the Chairman and one or more members may 1inally hear and dispose of appeal on merits

Provided further that no orders shall be made by the Bench under this subsection before giving the appellant or, as the case may be, the parties and their counsel an opportunity of being heard.

(2) In case a Bench consisting of more than one member is unable to arrive at a unanimous decision, its decision shall be expressed in terms of the view of the majority;

Provided that where no majority view can be formed, the appeal shall be referred to other member, to be nominated by the Chairman, and the decision of the Bench shall be expressed in terms of the view of the majority.

(3) The Chairman may, at any stage, transfer cases from one Bench to another Bench or to the Tribunal.

(4) Any decision made by the Bench shall be deemed to be the decision of the Tribunal.

6. Hearing of appeals and their disposal.-(1) Except as othewise provided, the appeals admitted for hearing shall be heard and decided by the Tribunal, after giving the parties and their counsel an opportunity of being heard.

(2) If any member of the Tribunal is, for any reason, unable to take part in the proceedings of the Tribunal, the Chairman and the other member or members, as the case may be, may hear or continue to hear and finally dispose of the appeal.

(3) If a Tribunal is unable to arrive at a unanimous decision, its decision shall be expressed in terms of the view of the majority.

(4) In case of difference of opinion between the Chairman and member or members, when the appeal is heard under subsection (2) and no majority view can be formed, the appeal shall be referred to other member, and the decision of the Tribunal shall be expressed in terms of the view of the majority.

7. Powers of Tribunals.-(1) A Tribunal may, on appeal, confirm, set aside, vary or modify the order appealed against.

(2) A Tribunal or a Bench constituted under section 5 shall, for the purpose of deciding any appeal, be deemed to be a civil Court and shall have the same powers as are vested in such Court under the Code of Civil Procedure, 1908 (Act V of 1908), including the powers of-

(a) enforcing the attendance of any person and examining him on oath ;

(b) compelling the production of documents;

(c) issuing commission for the examination of witnesses anct documents.

(3) No court-fee shall be payable for preferring an appeal. to, or filing,. exhibiting or recording any document in, or obtaining any document from, a Tribunaf.

8. Abatement of suits and other proceedings.-(1) Save as otherwise" provided in section 10, all suits, appeals 'or applications regarding any matter within the jurisdiction of a Tribunal pending in any Court immediately before the commencement of this Act shall abate forthwith

Provided that any party to such a suit, appeal or application may, within ninety days of the commencement of this Act, prefer an appeal to the appro priate Tribunal in respect of any such matter which is in issue in such suit, appeal or application.

(2) Where any suit, appeal or application regarding any matter within the jurisdiction of a Tribunal has been disposed of by any Court other than the Supreme Court before the commencement of the North-West Frontier Province Service Tribunals Ordinance, 1973 (N.-W. F. P. Ordinance No. I of 1974), any party feeling aggrieved by the decision of such suit, appeal or application may, if such decision has not become final, within ninety days of the commencement of this Act, prefer an appeal to the appropriate Tribunal in respect of any such matter which was in issue in such suit, appeal or application.

**9. Limitation.-**The provisions of sections 5 and 12 of the Limitation Act, 1908 (Act IX of 1908), shall apply for the purpose of appeals under this Act.

10. Repeal and transfer of cases.-(1) The North-West. Frontier Province Civil Services (Appellate Tribunals) Ordinance, 1971 (N.-W. F. P. Ord. II of 1971), is hereby repealed.

(2) All appeals pending before the Tribunal constituted under the North-West Frontier Province Civil Services (Appellate Tribunals Ordinance, 1971 (N.-W. F. P. Ord. II of 1971), shall, with effect from the date of commencement of this Act, stand transferred to the appropriate: Service Tribunal established under this Act and be deemed as instituted under this Act.

**11. Power to make rules.-**Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

**12. Repeal.-**The North-West Frontier Province Service Tribunals Ordinance, 1973 (N.-W. F. P. Ordinance No. I of 1974), is hereby repealed.

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