AJK Service Tribunals, (Amendment) Act, (XXVIII) 1995

  1. Section 1(2) — amendment Act, 1995 — promulgated due to legislative vacuum — given retrospective effect — It appears that  due to some legislative vacuum, the legislature further felt advised to enforce the amendment Act XXVIII of 1995. Through section 1(2), the amendment Act, 1995 was given effect from 12th March 1993. AJK Govt. v. Syed Khalid H. Gillani 2016 SCR 228 (C)
  2. Section (3)4 — proviso to — amendment Act,1995 — chairman Service Tribunal — through the amending Act, 1995, further proviso to subsection (4) has been added. In our opinion, due to this legislative development, the matter of determination of terms and conditions of service of Chairman Service Tribunal is no more dependent on the discretion of the President rather it has been clearly settled by law. AJ&K Govt. & 2 others v. Syed Khalid Hussain Gillani 2016 SCR 228 (D)
  3. Section 3(4) — proviso — chairman — terms and conditions — determination — unless rules are framed — terms and conditions determined before commencement of amending Act — shall be deemed determined under Service Tribunal Act — The proviso to subsection 4 of section 3 clearly speaks that till the time the rules are framed, the terms and conditions for appointment of Chairman/member determined by the President before commencement of amending Act, 1995 shall be deemed to have been determined under this Act. This proviso clearly speaks that it is not the sweet discretion of the President after enforcement of Act, XXVIII of 1995 to determine the terms and conditions of the office of Chairman Service Tribunal rather the terms and conditions of Chairman Service Tribunal determined before the commencement of amending Act, XXVIII of 1995 shall be deemed to have been determined under the Service Tribunals Act. The discretionary powers of the President have been taken back by the legislature. Neither he can add nor alter or omit any of the terms and conditions of the Chairman Service Tribunal which under the proviso to subsection (4) of section 3 of the Service Tribunals Act shall be deemed to have been determined under this Act. AJ&K Govt. & 2  others v. Syed Khalid Hussain Gillani 2016 SCR 228 (G)
  4. Section 1(2) — amending Act, 1995 — date of enforcement — 12th March, 1993 — material date — terms and conditions of chairman — as determined on enforcement date — shall be deemed determined under the Service Tribunals Act, 1975 — According to the provisions of subsection 2 of section 1 of Act. XXVIII of 1995, the same commenced and taken effect from 12th March, 1993. Thus, for the purpose of main proposition involved in this case, the material date is 12th March, 1993, as at that time the terms and conditions of Chairman Service Tribunal determined by the President shall be deemed determined under the Service Tribunals Act, 1975. AJ&K Govt. & 2 others v. Syed Khalid Hussain Gillani 2016 SCR 228 (H) 
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