Jharkhand Education Tribunal Act, 2005
No: 6 Dated: Sep, 30 2005
JHARKHAND EDUCATION TRIBUNAL ACT, 2005
(Jharkhand Act, 06, 2005)
An Act To make suitable provisions for constitution of a statutory forum, to be known as Appellate Tribunal for looking into the grievances of teachers of aided, affiliated and Private Educational Institutions and that of the parents/guardians of the students studying therein and to comply with the order of the Hon’ble Supreme Court in the matter of T.M.A. Pai V/s Karnataka State and the ruling dated the 5th August, 2003 passed by the Division Bench of the Honorable Jharkhand High Court in the matter of W.P. (P.I.L) No. 2744 of 2003 and W.P. (P.I.L) No. 2537 of 2002.
Be it enacted by the legislature of the state of jharkhand in the fifty sixth year of the republic of india as follows.
CHAPTER-I
Preliminary
1. Short title, extent and commencement – (1) This Act may be called the Jharkhand Education Tribunal Act, 2005;
(2) It extends to the whole of State of Jharkhand;
(3) The provisions of this Act, shall come into force with effect from the date fixed by the State Government, by notification.
2. Definition – In this Act, unless the context otherwise requires-;
a. “Administrative Member” means a member of a Tribunal who is not an Educationist Member Within the meaning of Section 4 (i);
b. “Application” means an application made under section 9;
c. “Appointed day” in relation to a Tribunal, means the date with effect from which established, by notification, under section 3;
d. “Bench” means a Bench of the Tribunal;
e. “Jharkhand Education Tribunal” means Tribunal established under section 3”
f. “Chairman” means the Chairman of the Tribunal;
g. “Educationist Member” means a Member of the Tribunal appointed as such under this Act, who possesses any of the qualifications specified in sub-section 4 (II) of Section 4;
h. “Member” means a Member (Whether Educationist or Administrative) of the tribunal, and includes the Chairman;
i. “Notification” means a notification published in the Official Gazette;
j. “Prescribed” means prescribed by rules made under this Act;
k. “Rules” means rules made under sections 20 and 21 of this Act;
l. “Service” means service rendered to the educational institutions specified in section 2 (n);
m. “Service matter”, in relation to a person, means all matter relating to the conditions of his service in connection with the affairs of the educational institution, other than Govt. institution.
n. “Educational institution” means any educational institutions managed and administered by private management located within the State of Jharkhand.
CHAPTER-II
Establishment of Education Tribunal
3. Establishment of Jharkhand Education Tribunal :- The State Government may by notification establish an Education Tribunal, to be known as at the Jharkhand Education Tribunal.
4. Composition of Tribunal and Benches Thereof : (1) The Tribunal Shall consist of a Chairman and two members, one of whom shall be the Administrative member and the other shall be the Educationist member.
(2) Notwithstanding anything contained in the foregoing provisions of the section it shall be competent for the Chairman or any other member or members authorized by the chairman in this behalf to function as a Bench consisting of a single member or two members and exercise the jurisdiction, power and authority of the Tribunal in respect of such classes of cases or such matters pertaining to such classes of cases as the Chairman may, by general or special order, specify.
(3) Subject to the other provisions of this Act, the Tribunal shall normally have its sitting at Ranchi. But it may hold its sitting at any district headquarter of the State of Jharkhand as decided by the chairman and members.
(4) Qualifications for appointment of Chairman and Member :-
(i) A person shall not be qualified for appointment as the Chairman unless he is a retired Judge of a High Court or retired officer of Indian Administrative Service of the rank of Secretary to the State Government.
(ii) A person shall not be qualified for appointment as Educationist member unless he;
(a) Is, or has been a Vice-Chancellor of any university; or
(b) Is, or has been a University Professor for a period of 5 years; or
(c) Is, or has been a member of the State Education Service (Class-I) for a period of 15 years.
(d) Is, or has been a specialist in any sphere such as social, economic and political.
(iii) A person shall not be qualified for appointment as an administrative member unless he has for at least two years, held the post not below the rank of an Additional Secretary to the Government of Jharkhand or any other post under the Central or a State Government carrying a scale of pay which is not less than that of an Additional Secretary to the Government of Jharkhand and shall have adequate administrative experience.
(iv) Subject to the provision of sub-section (4) of section 4 of this act, the Chairman and every other member of the Jharkhand Education Tribunal shall be appointed by the State Government.
5. Terms of Office – The Chairman or other Member shall hold office as such for a term of three years from the date he joins the office.
6. Salaries, allowances and other Terms and conditions of service of Chairman, and other Members- The salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman and other Member shall be such, as may be prescribed by the State Government, Provided that neither the salary and allowances nor other terms and conditions of service of the Chairman or other Member shall be varied to his disadvantage after his appointment
7. Staff of the Tribunal- (1) The State Government shall appoint and determine the nature, categories and other conditions of service of the officers and other employees, required to assist the Tribunal in the discharge of its functions and provide the Tribunal with such officers and other employees as it thinks fit. These posts will be filled up either on deputation or contract basis.
(2) The officers and other employees of the Tribunal shall discharge their functions under the general superintendence of the Chairman.
(3) The salaries, allowances and conditions of service of the officers and other employees of a tribunal shall be such as may be specified by rules made by the State government.
CHAPTER-III
Jurisdiction, Power and authority of Tribunal
8. Jurisdiction, Power and authority of the Jharkhand Education Tribunal- Save as otherwise expressly provided in this Act, the Jharkhand Education Tribunal shall exercise on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all the courts (Except the Jharkhand High Court and Supreme Court of India) Regarding :
(a) Matters concerning recruitment to any post or posts and the matters related therewith in connection with the affairs of the educational institution;
(b) All matters concerning the service conditions of employees of the educational institutions;
(c) Grievances of the employees against the management of the educational institutions;
(d) Grievances of the guardians and parents of students against the management of the educational institutions regarding teaching standards, fee structure infrastructural facilities, development works and allied matters related thereto;
(e) Such matters relating to educational institutions as may be referred to the tribunal by the State Government by notification from time to time.