Updated: Friday September 13, 2013/AlJumaa
Thoul Ki'dah 09, 1434/Sukravara
Bhadra 22, 1935, at 05:57:31 AM
[1][1]The Punjab Subordinate Judiciary Service Tribunal Act, 1991
(Pb. Act XII of 1991)
[
An
Act to provide for the establishment of the Punjab Subordinate Judiciary
Service Tribunal
Preamble.— Whereas it is expedient to provide for the
establishment of the Punjab Subordinate Judiciary Service Tribunal and for
matters connected therewith or ancillary thereto;
It
is hereby enacted as follows:---
1. Short title and commencement.— (1) This Act may be called the Punjab
Subordinate Judiciary Service Tribunal Act, 1991.
(2) It shall come into force at once.
2. Definitions.— In this Act, unless the context otherwise
requires,---
(a) “Chairman”
means the Chairman of the Tribunal;
(b) “Government”
means Government of the
(c) “Governor”
means the Governor of the
(d) “Member”
means a Member of the Tribunal and includes the Chairman;
(e) “Member
of subordinate judiciary” means and includes all Judicial Officers [2][2][who are or have been] under the administrative
control of the Lahore High Court; and
(f) “Tribunal”
means the Tribunal established by this Act and includes a Bench thereof.
3. Tribunal.— (1) The Governor may, subject to sub-section
(3), by notification in the official Gazette, establish a Service Tribunal for
the members of the subordinate judiciary of the
(2) The Tribunal shall have exclusive
jurisdiction in respect of matters relating to the terms and conditions of
service of the members of subordinate judiciary including disciplinary matters.
(3) The Tribunal shall consist of three
judges of the Lahore High Court nominated by the Chief Justice, the senior most
of whom shall be the Chairman.
4. Constitution of benches.— (1) Notwithstanding anything contained in
Section 3, the Chairman may constitute a Bench consisting of two Members with
or without the Chairman and when so constituted, the Bench shall be deemed to
be a Tribunal.
(2) If a Bench is unable to arrive at a
unanimous decision, in an appeal, the matter shall be placed before the full
Tribunal and the decision of the Tribunal shall be expressed in terms of the
opinion of the majority.
(3) The Chairman may, at any stage of
hearing of an appeal withdraw it from the Tribunal and entrust it to a Bench or
may withdraw any appeal pending before a Bench and make it over to another
Bench or to the Tribunal.
5. Appeal to Tribunal.— Any member of subordinate judiciary
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 or
within six months of the establishment of the Tribunal, whichever is later,
prefer an appeal to the Tribunal:---
Provided
that,---
(a) where
an appeal, review or representation to a departmental authority is provided
under the Punjab Civil Servants Act 1974 (Punjab Act VIII of 1974), or any
rules against any such orders, no appeal shall lie to the Tribunal unless the
aggrieved person 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
so preferred; and
(b) no
appeal shall lie to the Tribunal against an order or decision of a departmental
authority determining the fitness or otherwise of a person to be appointed to,
or hold a particular post or to be promoted to a higher post.
Explanation.— In this section ‘departmental authority’
means the authority, other than a Tribunal which is competent to make an order
in respect of any of the terms and conditions of service of members of
subordinate judiciary.
6. Powers of Tribunal.— (1) The Tribunal may, on appeal, confirm,
set aside, vary or modify the order appealed against.
(2) The Tribunal 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 (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; and
(c) issuing
commission for the examination of witnesses and 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 Tribunal.
7. Limitation.— The provisions of
Sections 5 and 12 of the Limitation Act 1908 (IX of 1908), shall apply to
appeals under this Act.
8. Transfer of appeal.— All appeals pending before the Tribunal
established under the Punjab Service Tribunal Act 1974 (Punjab Act VIII of
1974), relating to members of subordinate judiciary shall stand transferred to
the Tribunal established under this Act.
9. Rules.— The Government may, by notification in the
official Gazette, make rules for carrying out the purposes of this Act.
10. Repeal.—
Punjab Subordinate Judiciary Service Tribunal Ordinance 1991 (XVIII of 1991),
is hereby repealed.
[1][1]This Act was passed by the
Punjab Assembly on 2nd October, 1991; assented to by the Governor of the Punjab
on 8th October, 1991; and, was published in the Punjab Gazette (Extraordinary),
dated 15th October, 1991, Pages 3341-3343.
[2][2]Inserted
by the
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