LexThe UTTAR PRADESH PUBLIC SERVICE (TRIBUNALS) ACT, 19761
Uttarakhand · state statute
Open in Lexace · Ask the AI about this act180
THE UTTAR PRADESH PUBLIC SERVICE (TRIBUNALS) ACT, 19761
[U.P. Act No. 17 of 1976]
[Passed in Hindi by the Uttar Prades h Legislative council on April 1 , 1976 and by
the Uttar Pradesh Legislative Assembly on April 5, 1976.
Received the Assent of the Presid ent on April 30, 1976 under Article 201 of ‘the
Constitution of India’, and was published in the Uttar Pradesh Gazette Extraordinary, dated
May 1, 1976.]
AN
ACT
to provide for the (constitution of a tribunals)4 to adjudicate disputes i n
respect of maters relating to employment of all public servants of the State.
IT IS HEREBY enacted in the Twenty -Seventh Year of the Republic of India as
follows:-
Short title,
extent,
commencement
and application
1- (1) This Act may be c alled the Uttar Pradesh Public Services (Tribunal)5 Act,
1976.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall be deemed to have come into force on November 24, 1975.
(4) This section and sections 2 and 6 shall apply in relation to all public
servants while the remaining provisions shall not apply to the following classes of
public servants, namely:-
(a) a member of a judicial service;
(b) (an officer or servant of the High Court or of a court subordinate
to the High Court;)2
(c) a member of the secretariat staff of an y House of the State
Legislature;
(d) a member of the staff of the State Public Service Commission;
(e) a workman as defined in the Industrial Disputes Act, 1947 or the
United Provinces Industrial Disputes Act, 1947.
((f) a member of the Staff of the Lok Ayukta.)3
((g) the Chairman, Vice -Chairman, Members, officers or other
employees of the Tribunal.)6
1. For statement of objects and Reasons, please see Uttar Pradesh Gazette
(Extraordinary) dated March 31, 1976.
2. Substituted, clause by, in section 2 U.P. Act no 01 of 1977.
3. Added by section 2 of U.P. Act no. 13 of 1985.
4. Substituted by section 2 of U.P. Act no 07 of 1992.
5. Substituted by section 3 ibid.
6. Inserted by section 2 of U.P. Act no 05 of 2000.
181
[The Uttar Pradesh Public Services (Tribunal) Act, 1976] [Section 2]
Definitions 2- In this Act—
(a) “appointed date’ means the twenty-fourth day of November, 1975;
[(aa) ‘Presenting Officer’ includes an Assistant Presenting Officer appointed by
the State Government;]1
[(a-1) ‘Bench’ means a Bench of the Tribunal;
(a-2) ‘Chairman’ means the Chairman of the Tribunal;
[(a-2A) ‘Chief Justice” means the Chief Justice of the High Court,]6
(a-3) ‘District Judge’ means the District Judge within the meaning of th e
Bengal, Agra and Assam Civil Courts Act, 1887;
[(a-3(A) “Legal representative” means a person, who in law represents the state
of the deceased person and includes a person in whom the right to receive
pensionary, retirement, terminal or other benefits vests;]9
(a-4) ‘Member’ means a Judicial or Administrative member of the Tribunal and
includes its Chairman and Vice-Chairman;]4
(b) 2[“public servant’ means every person in service of pay of--
(i) the State Government ; or
(ii) a local authority not being a Cantonment Board ;or
3[(iii) any other corporation owned or controlled by the State Government
(including any company as defined in section 3 of the Companies Act, 1956 in
which not less than fifty per cent of paid up share capital is held by the State
Government) but does not include—
(1) a person in the pay or service of any other company; or
(2) a member of the All India Services or other Central Services.]3
[(bb) ‘Service matter” means a matter relating to the conditions of service of a
public servant.]7
5[(c) ‘Tribunal” means a Tribunal constituted under section 3;
[(d) Vice -Chairman’ means the Vice -Chairman (Judicial) or Vice Chairman
(Administrative) of the Tribunal.]8
1. Inserted by section 3 (i) of U.P. Act no 01 of 1977.
2. Substituted by section 3 (ii) ibid.
3. Substituted by section 2 of U.P. Act no 13 of 1980.
4. Inserted by section 4 (a) of U.P. Act no 07 of 1992.
5. Substituted by section 4 (b) ibid.
6. Inserted by section 3 (a) U.P. Act no 05 of 2000.
7. Inserted by section 3 (b) ibid.
8. Substituted by section 3(c) ibid.
9. Inserted by section 2 of Uttarakhand Act, no.34 of 2013.
182
[The Uttar Pradesh Public Services (Tribunal) Act, 1976] [Section 3]
1[Constitution
of the Tribunal
3- (1) As soon as may be after the commencement of the Uttar Pradesh Public
Services (Tribunals) (Amendment) Act, 1992, the State Government shall, by
notification, establish a Tribunal to be called the State Public Services Tribunal.
(2) The Tribunal shall consist of a Chairman, [a Vice-Chairman (Judicial), a
Vice-Chairman (Administrative) ]2 and such number of other judicial and
Administrative members not less than five in each category, as may be determined
by the State Government.
(3) A person shall not be qualified for appointment as Chairman, unless
he—
(a) has been a Judge of a High Court, or
(b) has, for at least two years held the post of Vice-Chairman, or
(c) has been a member of the Indian Administrative Service who has
held the post of a Secretary to the Government of India or any other post under
the Central or the State Government equivalent thereto, and has adequate
experience in dispensation of justice.
[(4) A person shall not be qualified for appointment as Vice Chairma n
(Judicial) unless he,-
(a) has he ld the post of District judge or any other post equivalent
thereto for at least five years; or
(b) has, for at least two years held the post of a judicial member;
(4-A) A person shall not be qualified for appointment as vice -Chairman
(Administrative) unless, he,--
(a) has, for at least two years, held the post of an Administrative
member; or
(b) has, for at least two years, held the post of Additional
Secretary to the Government of India 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 India and has, in the opinion of
the State Government, adequate experience in dispensation of justice.]3
(5) A person shall not be qualified for appointment as a judicial Mem ber,
unless he has held the post of District Judge, or any other post equivalent thereto.
(6) A person shall not be qualified for appointment as an administrative
Member, unless he has held, or has been eligible to hold, the post of Commissioner
of a Division or joint Secretary to the Government of India and [has, in the opinion
of the State Government, adequate experience]4 in dispensation of justice.
(7) The Chairman, vice -Chairman and every other me mber shall be
appointed by the [ State Government after consolation with the Chief Justice for
which proposal will be initiated by the State Government]5:
1. Substituted by section 5 of U. P. Act no 07 of 1992.
2. Substituted by section 4 (a) of U. P. Act no 05 of 2000.
3. Substituted by section 4(b) ibid.
4. Substituted by section 4(c) ibid.
5. Substituted by section 4(d) ibid.
183
[The Uttar Pradesh Public Services (Tribunal) Act, 1976] [Section 3]
Provided that no person shall assume the office of Chairman, Vi ce-Chairman or
other member, as the case may be, unless he has resigned or retired from, as the case
may be, the judgeship of the high court, or the Indian Administrative Service or the
Uttar Pradesh Higher Judicial Service or any other service in which he was serving
except the service as vice-Chairman or Member.
(8) The Chairman, Vice -Chairman or other member shall hold office as such for a
term of five years from the date on which he enters upon his office but shall be eligible
for re-appointment for another term of five years:
Provided that no Chairman, vice -Chairman or other member shall held office as
such after he has attained,
[(a) in the case of Chairman or Vice-Chairman, the age of sixty-seven years, and
(b) in the case of any other member the age of sixty-five years.]2
(9) The Chairman, Vice -Chairman or any other member may by notice in writing
under his hand addressed to the Governor resign his office:
Provided that the Chairman, Vice -Chairman or other member shall, unless he is
permitted by the Governor to relinquish his office sooner, continue to hold office until
the expiration of three months from the date of receipt of notice or until a person duly
appointed as his successor enters upon office or until the expiration of his term of
office, whichever is the earliest.
(10) The Chairman, Vice-Chairman or any other member shall not be removed from
his office except by an order made by the Governor on the ground of proved
misbehavior or incapacity after {in inquiry made by the Chief Justice or such judge of
the High court as may be nominated by the Chief Justice} 1 in the prescribed manner, in
which such Chairman, Vice -Chairman or other member as the case may be, has been
informed of the charges against him and given a reasonable opportunity of being heard
in respect of those charges.
(11) On ceasing to hold office, the Chairman, Vice-Chairman or other member shall
be ineligible for further employment under the State Government, or any local or other
authority under the control of the State Gove rnment, or any corporation or society
owned or controlled by the State Government:
Provided that subject to other provisions of this Act, a Vice -Chairman shall be
eligible for appointment as Vice-Chairman or Chairman.
(12) On ceasing and allowances payable to the Chairman, Vice-Chairman and other
members shall not appear, act or plead before the Tribunal on behalf of any person.
(13) The salaries and allowances payable to the Chairman, Vice - Chairman and the
members and the other conditions of their servi ce shall be such as may be determined
by the State Government from time to time.
(14) Where the Chairman is unable to discharge his functions owing to absence,
illness or any other cause, or where any vacancy occurs in the office of the Chairman by
reason of his death, resignation or otherwise, the Vice -Chairman and where the vice
Chairman is likewise unable to discharge his function or the office of the Vice
Chairman also is vacant, such other member as the State Government may by special or
general order specify, shall discharge the functions of the Chairman until the Chairman
resumes his duties or as the case may be a Chairman appointed in accordance with the
provisions of this Act assumes charge of his office.
1- Substituted by section 4 (e) of U. P. Act no 05 of 2000.
2- Substituted by section 3 of Uttarakhand Act no 34 of 2013.
184
[The Uttar Pradesh Public Services (Tribunal) Act, 1976] [Section 3A-4]
[Staff of the
Tribunal
3-A (1) The State Govern ment shall determine the nature and categories 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
may think fit.
(2) The officers and other employees of the Tribunal shall discharge their
functions under the general superintendence of the Chairman.
(3) The salaries and allowances and conditions of service of the officers and
other employees of the tribunal shall be such as may be prescribed.]1
[Reference
of
claims to
Tribunal
[4- (1) Subject to the other provision of this Act, a person who is or has been a
public servant and is aggrieved by an the order pertaining to a service matter
within the jurisdiction of the Tribunal, may make a reference of claim to the
Tribunal for the redressal of his grievance.
Explanation: For the purpose of this sub -section “order” means an order or
omission or i n-action of the State Government or a local authority or any other
corporation or company ref erred to in clause (b) of section 2 or of an officer,
committee or other body or agency of the State Government or such local
authority or Corporation or company:
Provided that no reference shall, subject to the terms of any contract, be made
in respect of a claim arising out of the transfer of a public servant;
Provided further that in the case of the death of a public servant, his legal
representative and where there are two or more such representative, all of them
jointly, may make a reference to the ‘T ribunal for payment of salary’ allowances,
gratuity, provident fund, pension and other pecuniary benefits relating to service
due to such public servant.]2
(2) Every reference under sub -section (1) shall be in such form and be a
accompanied by such docume nts or other evidence and by such fee in respect of
the filling of such reference and by such other fees for the service or execution of
processes, as may be prescribed.
(3) On receipt of a reference under sub -section (1), the Tribunal shall, if
satisfied after such inquiry as it may deem necessary that the reference is fit for
adjudication or trial by it, admit such reference and where the Tribunal is not so
satisfied, it shall summarily reject the reference after recording its reasons.
(4) Where a refe rence has been admitted by the Tribunal under sub -section
(3), every proceeding under the relevant service rules or regulation or any contract
as to redressal of grievances in relation to the subject mater of such reference
pending immediately before such admission shall abate, and save as otherwise
directed by the Tribunal, no appeal or representation in relation to such matter
shall thereafter be entertained under such rules, regulations or contract.
(5) The Tribunal shall not ordinarily admit a referen ce unless it is satisfied
that the public servant has availed of all the remedies available to him under the
relevant service rules, regulations or contract as to redressal of grievances.
(6) For the purposes of sub -section (5) a public servant shall be deemed to
have availed of all the remedies available to him if a final order has been made by
the State Government, an authority or officer thereof or other person competent to
pass such order under such rules or regulations or contract rejecting any appea l
preferred or representation made by such public servant in connection with the
grievance:
1- Inserted by section 5 by 3 (b) of U. P. Act no 07 of 1992.
2- Subs. By section 4 of Uttrakhand Act, no. 34 of 2013.
185
[The Uttar Pradesh Public Services (Tribunal) Act, 1976] [Section 4-A]
Provided that where no final order is made by the State Government, authority,
officer or other person competen t to pass such order with regard to the appeal
preferred or representation made by such public servant within six months from the
date on which such appeal was preferred or representation was made, the public
servant may, by a written notice by registered post, require such competent authority
to pass the order and if the order is not passed within one month of the service of
such notice, the public servant shall be deemed to have availed of all the remedies
available to him.
(7) For the purposes of sub -section (5) and(6) any remedy available to the public
servant by way of submission of a memorial to the Governor or to any other
functionary shall not be deemed to be one of the remedies, which are available unless
the public servant had elected to submit such memorial.]2
2[Hearing of
Reference by
the Tribunal
4- A (1) The Chairman may from time to time constitute Benches consisting of a
single member or two members, for the disposal of such references of claims and
other matters as may be specified by him.
(2) It shall be lawful for the Chairman to nominate himself as a member of any
such Bench.
(3) A bench consisting of two members shall include a judicial Member and an
Administrative Member.
Explanation: For the purposes of this sub -section the Chair man who has been a
High court judge or a District judge or a Vice -Chairman who has been a District
judge shall be deemed to be a judicial Member and a Chairman or Vice -Chairman
who has been the member of the Indian administrative service shall be deemed to be
an administrative member.
(4) The jurisdiction, powers and authority of the Tribunal may be exercised by
any such bench and anything done by any such Bench in exercise of such
jurisdiction, power or authority shall be deemed to have been done by the Tribunal.
(5) [(a) A reference of claim against an order pertaining to a matter specified in
the Schedule shall be heard and finally decided by a Bench consisting of two
members:
Provided that evidence may be received and proceeding therefor may be
conducted by a single member.]3
(b) A reference of claim other than that referred to in clause (a) may be heard and
finally decided by a Bench consisting of a single member.
(c) The Chairman [may, on his own imitative or on the application of a party to a
reference of claim]4 transfer a case from one Bench to another Bench.
(6) Where the members of a Bench consisting of two members are unable to
agree, the mater shall be referred to another member nominated by the Chairman and
the decision of such other member shall be final and operative.
(7) The Tribunal, its Benches and members shall, for transaction business under
this Act sit at Lucknow or at such other places as the State Government may direct.]1
1. Substituted by section 7 of U.P. Act no 07 of 1992.
2. Substituted by section 5 of U.P. Act no 05 of 2000.
3. Substituted by section 6 (a) ibid.
4. Substituted by section 6 (b) ibid.
186
[The Uttar Pradesh Public Services (Tribunal) Act, 1976] [Section 5]
Powers and
procedure
of the
Tribunal
5- (1) (a) The Tribunal shall not be bound by the procedure laid down in the code of civil
procedure, 1908, or the rules of evidence contained in the Indian Evidence Act, 1872, but
shall be guided by the principles of natural justice, and subject to the provisions of this
section and of any rules made under section 7, the Tribunal shall have power to regulate its
own procedure (including the fixing of places and times of its sittings and deciding
whether to sit in public or in private :
[Provided that where, in respect of the subject matter of a reference, a competent
court has already passed a decree or order or issued a writ or direction, and such decree,
order, writ or direction has become final, the principal of res judicial shall apply;]1
2[(b) The provisions of the Limitation Act, 1963 shall mutatis mutandis apply to
reference under section 4 as if a reference were a suit filed in civil court so, however, that:-
(i) Notwithstanding the period of limitation prescribed in the Schedule to the said
Act, the period of limitation for such reference shall be one year;
(ii) In computing the period of limitation the period beginning with the date on
which the public servant makes a representation or prefers an appeal, revision or any
other petition (not being a memorial to the Governor), in accordance with the rules or
orders regulating his conditions of service, and ending with the date on which such public
servant has know ledge of the final order passed on such representation, a ppeal, revision
or petition, as the case may be, shall be excluded:
Provided that any reference for which the period of limitation prescribed by the
Limitation Act, 1963 is more than one year, a reference under section 4 may be made
within the period prescribed by that Act, or within one year next after the commencement
of the Uttar Pradesh Public Services (Tribunals) (Amendment) Act, 1985, shall affect any
reference made before and pending at the commencement of the said Act.
Provided further that nothing in this clause as substituted by the Uttar Pradesh Public
Service (Tribunals) (Amendment) Act, 1985, Shall affect any reference made before and
pending at the commencement of the said Act.”]2
(2) The Tribunal shall decide every reference expeditiously and ordinarily, every
case shall be decided by it on the basis of perusal of documents and representations, and
of [oral or written argument]3, if any.
(3) The Tribunal may admit in evidence in lieu of any original document, a copy
thereof attested by a gazetted officer or by a notray.
(4) The Tribunal shall not ordinarily call for or allow being adduced oral evidence,
and may, if necessary, requiring any party to file an affidavit.
(5) The Tribunal shall, for the purpose of holding any inquiry under this A ct, have,
subject to the provisions of sub -section (1) the same powers as are vested in a civil court
under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following
maters:-
1- Inserted by section 4 clause (i) U.P. Act no 01 of 1977.
2- Substituted by section 4 (a) of U.P. Act no 13 of 1985.
3- Substituted by section 4 ibid.
187
[The Uttar Pradesh Public Services (Tribunal) Act, 1976] [Section 5]
(a) summoning and enforcing the attendance of any person and examining
him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of section 123 and 124 of the Indian Evi dence
Act, 1872, requisitioning any public record or copy thereof from any office;
(e) issuing commission for the examination of witnesses or documents;
(f) recording a lawful agreement, compromise or satisfaction and making an
order in accordance therewith;
(g) reviewing its decision;
(h) dismissing a reference for default or deciding it expert;
(i) setting aside an order of dismissal for default or an order passed by it ex
parte;
(j) passing interlocutory orders pending final decision of any reference on
such terms, if any, as it thinks fit to impose;
(k) any other matter which may be prescribed.
[5-A) No interim order (whether by way of injunction or stay or in any other manner)
shall be passed by the Tribunal on or in any proceedings relating to any reference
unless—
(a) copies of such reference and application for interim order, along with all
documents in support of the plea for such interim order are furnished to the party
against whom such petition is filed, and
(b) at least fourteen days time i s given to such party to file a reply and
opportunity is given to it to be heard in the matter,
Provided that the Tribunal may dispense with the requirements of (a) and
(b) and may, for reasons to be recorded, make an interim order, as an exceptional
measure, if it is satisfied that it is necessary so to do for preventing any loss to the
petitioner which cannot be adequately compensated in money, but any such interim
order shall, if it is not vacated earlier, cease to have effect on the expiry of the
period of 14 days from the date on which it is made unless the said requirements
have been com plied with before the expiry of the said period and the Tribunal has
continued the operation of that order.
(5-B) Notwithstanding anything in the foregoing sub-sections the Tribunal shall have
no power to make an interim order (whether by way of injunction or stay or in any other
manner) in respect of an order made or purporting to be made by an employer for the
suspension, dismissal, removal, reduction in rank, te rmination, compulsory retirement or
reversion of a public servant, and every interim order (whether by way of injunction or
stay or in any other manner), in respect of such matters, which was made by a Tribunal
before the date of commencement of this sub -section 'and which is in force on that day,
shall stand vacated.]1
1. Inserted by section 4 (ii) of U.P. Act no 01 of 1977.
188
[The Uttar Pradesh Public Services (Tribunal) Act, 1976] [Section 5-c]
[(5-C) Notwithstanding anything in the forgoing sub -sections, the Tribunal shall
have no poser to make an interim order (whether by way of injunction or stay or in any
other manner) in respect of an adverse entry made by an employer against a public
servant, and every interim order (whether by way of injunction or stay or in any other
manner) in respect of an adverse entry, which was made by a Tribunal before the
commencement of the Uttar Pradesh Public Services (Tribunal) (Amendment) Act,
2000 and which is in force on the date of such commencement shall stand vacated.]2
(6) A declaration made by the Tribunal shall be binding on the claimant and his
employer as well as on any other public servant who has, in respect of any claim
affecting his interest adverse ly, been given an opportunity of making a representation
against it, and shall have the same effect as a declaration made by a court of law.
[(7) The order of the Tribunal finally disposing of a reference shall be executed
in the same manner in which any final order of the State Government or other authority
or officer or other person competent to pass such order under the relevant service rules
as to redressal of grievances in any appeal preferred or representation made by the
claimant in connection with any matter relating to his employment to which the
reference relates would have been executed.]1
(8) (a) The employer may appoint a public servant or a legal practitioner, to be
known as the presenting officer, to present its case before the Tribunal.
(b) The public servant may take the assistance of any other public servant to
present his case before the Tribunal on his behalf, but may not engage a legal
practitioner for the purpose unless either (i) the Presenting Officer appointed by the
employer is a legal practitioner, or (ii) the Tribunal, having regard to the circumstances
of the case, so permits.
(9) Any proceeding before the Tribunal shall be deemed to be a judicial
proceeding within the meaning of [sections 193 , 219 ]3 and 228 of the Indian Penal
Code.
(10) A reference or a reply to a reference or an application may be signed either
by the appointing authority or by the presiding officer or, where the appointing
authority is the Governor, by an officer not below the rank of Deputy Secretary
authorized by the State Government in this behalf, and in the case of a local authority,
corporation or company by the chief Executive Officer or Secretary thereof, as the case
may be.
[Power to
punish
for
contempt
5-A Without prejudice to the jurisdict ion, powers and authority of the Hi gh
Court under the Contempt of C ourts Act, 1971 in respect of contempt of courts
subordinate to it, the Tribunal shall have and exercise, jurisdiction, powers and
authority in respect of contempt of it self as the High Co urt has, and may
exercise, in respect of contempt of itself, and for this purpose the provisions of
the contempt of Courts Act, 1971 shall, mutatis mutandis, apply subject to the
following modifications, namely:-
1- Substituted by section 8 of U.P. Act no 07 of 1992.
2- Inserted by section 7 (a) of U.P. Act no 05 of 2000.
3- Substituted by section 7(b) ibid.
189
[The Uttar Pradesh Public Services (Tribunal) Act, 1976] [Section 5A- 6]
(a) reference therein to High Court, its Chief Justice and other judges
shall be construed as reference to the Tribunal its Chairman and other
members respectively;
(b) reference to Advocate General in section 15 of the said Act shal l
be construe d as reference to [ the public prosecutor appointed by the State
Government under sub -section (1) of section 24 of the Code of Criminal
Procedure, 1973 or such other law officer ]4 as the State Government may by
notification, specify in that behalf;
(c) in section 19 of the said Act,--
(i) for sub-section (1) the following sub -section shall be substituted,
namely:-
“(1) An appeal shall lie as of right from any order or decision
of the Tribunal in the exercise of its jurisdiction to punish for
contempt to the High Court.
(ii) for sub-section (4) the following sub-section shall be substituted,
namely:-
“(4) An appeal under sub -section (1) shall be filled within
sixty days from the date of the order appealed against.”]1
Bar of suits 6- (1) No suit shall lie ag ainst the State Government or any local authority or
any statutory corporation or company for any relief in respect of any matter
relating to employment at the instance of any person who is or has been a public
servant, including a person specified in [clauses(a) to (g )]3 of sub -section 4 of
section 1.
(2) All suits for the like relief, and all appeals, revisions, applications for
review and other incidental or ancillary proceedings (including all proceedings
under order XXXIX of the First Schedule to the Co de of Civil Procedure, 1908)
arising out of such suits, and all applications for permission to sue or appeal as
pauper for the like relief, pending before any court subordinate to the High Court
and all revisions (arising out of interlocutory orders) pendi ng before the High
Court on the date immediately preceding the appointed date shall abate, and their
records shall be transferred [to the Tribunal ]2, and thereupon the Tribunal shall
decide the cases in the cases in the same manner as if they were claims r eferred to
it under section 4:
Provided that the Tribunal shall, subject to the provisions of section 5,
recommence the proceedings from the stage at which the case abated as aforesaid
and deal with any pleadings presented or any oral or documentary eviden ce
produced in the court as if the same were presented or produced before the
Tribunal.
1. Inserted, new section 5-A by, in section 9 by, U.P. Act no 07 of 1992.
2. Substituted by section 10 ibid.
3. Substituted by section 8 U.P. Act no 05 of 2000.
4. Substituted by section 9 ibid.
190
[The Uttar Pradesh Public Services (Tribunal) Act, 1976] [Section 6-A -7]
(3) All appeals pending before the High court on the date immediately
preceding the appointed date arising out o f such suits shall continue to be heard
and disposed of by that court as heretofore as if this Act had not come into force:
Provided that if the High Court considers it necessary to remand or refer
back the case under rule 23 or rule 25 of order 41 of the First Schedule to the Code
of Civil Procedure, 1908 the order of remand or reference shall be directed [to
the Tribunal]1 instead of to the s ubordinate court concerned and the Tribunal shall
thereupon decide the case or issue, subject to the directi ons of the High court, in
the same manner as if it were a claim referred to it under section 4.
Members and
Staff of the
Tribunal to be
public servants
[6-A The Chairman Vice-Chairman, Members, Officers and other employees of the
Tribunal shall be deemed to be public servants within the meaning of section 21 of
the Indian Penal Code.
Protection of
action taken
in good faith
6-B No suit, prosecution or other legal proceedings shall lie agains t the Chairman,
Vice-Chairman, Members or any other pe rson for anything which is in good faith
done or intended to be done, in pursuance of the provisions of this Act or the rules
made thereunder.
Member to be
Judge
6-C The Chairman, Vice-Chairman and Members shall be deemed to be the Judges
for the purp oses of the Judge (Protection) Act, 1985 and the Judicial Officers
Protection Act, 1850.]3
Power to make
rules
7- (1) The State Government may by notification make rules for carrying out the
purposes of this Act.
(2) 2[In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following mater, namely:-
(a) the powers and procedure of the Tribunal;
(b) the constitution of and distribution of business among the Benches;
(c) [the form in which a reference of claim may be made the document
and other evidence by which such reference shall by accompanied and the
fees payable in respect of the filing of such reference or for the execution or
service of processes;]2
(d) the salaries and allowances payable to, and other terms and conditions
of service of the Chairman, Vice -Chairman, members, officers and other
employees of the Tribunal;
(e) the financial and administrative powers of the Chairman;
(f) any other matter for which insufficient provision exists in this Act and
the S tate Government considers provision in that behalf necessary or
expedient.
1- Substituted by section 10 U.P. Act no 07 of 1992.
2- Substituted by section 11 ibid.
3- Inserted new section 6-A, 6-B and 6-C by, section 10, U.P. Act no 05 of 2000.
191
[The Uttar Pradesh Public Services (Tribunal) Act, 1976] [Section 8- Schedule]
(3) The power to make rules under clause (d) of sub -section (2) shall
include the power to make such rules or any of them retrospectively from a date
not earlier than the date of commencement of the Uttar Pradesh Public Services
(Tribunal) (Amendment) Act, 1992, but no such retrospectives effect shall be
given to any such rule so as to prejudicially affect the interest of any person to
whom such rules may be applicable.]1
Repeal savings
and transitory
provision
8- (1) The Uttar Pradesh Public Service (Tribunal) Ordinance 1976 is hereby
repealed.
(2) Notwithstanding such repeal or the repeal of the Uttar Pradesh Public
Services (Tribunal) Ordinance, 19 75 by the Ordinance mentioned in sub -section
(1) anything done or any action taken under the said ordinances shall be deemed to
have been done or taken under this Act as if this Act was in force at all material
times.
(3) In relation to orders mentioned in th e proviso to clause (b) of sub -
section (1) of section 5 of this Act and application referred to in sub -section (2) of
section 6 of this Act which were not mentioned in the corresponding provisions of
the said Ordinance of 1975, the references to the appoin ted date shall be construed
as references to February 16, 1976.
[SCHEDULE
[See section 4-A(5) (a)]
Matters to be heard and finally decided by a Bench consisting of two members.
1. All references of claims against an order pertaining to,--
(a) promotion, seniority, date of birth or date of superannuation of a public servant;
(b) regularization in a service referred to in clause (b) of section 2;
(c) dismissal, removal, reversion or reduction in rank, permanent stoppage of
increment, break in servi ce, compulsory retirement, suspension, termination or
resignation of a public servant;
(d) with holding or withdrawing pension, and counting of period for pension, of a
retired public servant.
2. All contempt matters.
3. Admission of references of claims against orders pertaining to the aforesaid matters.]2
1. Substituted by section 11 of U.P. Act no 05 of 2000.
2. Inserted Schedule by section 12 of U.P. Act No. 05 of 2000.
192
mRrj izns”k yksd lsok ¼vf/kdj.k½ vf/kfu;e] 19761
¿mRrj izns”k vf/kfu;e la[;k 17] 1976À
¿mRrj izns”k fo/kku ifj’kn~ us fnukad 1 vizSy] 1976 bZ0 rFkk mRrj izns”k fo/kku
lHkk us fnuakd 5 vizSy] 1976 bZ0 dh cSBd esa Lohd`r fd;kAÀ
¿^^Hkkjr dk lafo /kku** ds vuqPNsn 201 ds vUrxZr jk’V~ifr us fnukad 30 vizSy]
1976 bZ0 dks vuqefr iznku dh rFkk mRrj izns”kh; ljdkjh vlk/kkj.k esa fnukad 1 ebZ] 1976
bZ0 dks izdkf”kr gqvkAÀ
jkT; ds leLr yksd ds lsok;kstu ls lEc) fo’k;ksa ds laca/k esa fooknksa ds U;k;
fu.kZ;u ds fufeRr ¿,d vf/kdj.k dk xBuÀ4 dh O;oLFkk djus ds fy,
vf/kfu;e
Hkkjr x.kjkT; ds lÙkblosa o’kZ esa fuEufyf[kr vf/kfu;e cuk;k tkrk gS %&
1&& ¼1½ ;g vf/kfu;e mRrj izns”k yksd lsok ¿vf/kdj.kÀ5 vf/kfu;e] 1976 dgk
tk;sxkA
laf{kIr uke] foLrkj]
izkjEHk vkSj ykxw gksuk
¼2½ bldk foLrkj lEiw.kZ mRrj izns”k esa gksxkA
¼3½ ;g 24 uoEcj] 1975 ls izo`Rr le>k tk;xkA
¼4½ ;g /kkjk 2 vkSj 6 lHkh yksd lsodksa ds lEcU/k esa ykxw gksaxh tcfd “ks’k micU/k
yksd lsodksa ds fuEufyf[kr oxksZa ij ykxw gksaxs] vFkkZr~ &&
¼d½ U;kf;d lsok ds lnL;(
¿¼[k½ mPp U;k;ky; ds ;k mPp U;k;ky; ds v/khuLFk fdlh U;k;ky; ds
vf/kdkjh ;k lsod(À2
¼x½ jkT; fo/kku e.My ds fdlh lnu ds lfpoky; deZpkfj;ksa ds lnL;(
¼?k½ jkT; yksd lsok vk;ksx ds deZpkfj;ksa ds lnL;(
¼³½ vkS|ksfxd fookn vf/kfu;e] 1947 ;k la;qDr izkUr v kS|ksfxd >xM+ksa dk
,sDV] o’kZ 1947 bZ0 esa ifjHkkf’kr deZdkj ¼odZeSu½(
¿¼p½ yksd vk;qDr ds deZpkfjoxZ ds lnL;(À3
¿¼N½ vf/kdj.k ds v/;{k] mik/;{k] lnL;] vf/kdkjh ;k vU; deZpkjhAÀ6
1- mn~ns”;ksa vkSj dkj.kksa ds fooj.k ds fy, fnukad 31 ekpZ] 1976 dk mÙkj izns”kh; vlk/kkj.k xtV nsf[k,A
2- m0iz0 vf/kfu;e la0 1 o’kZ 1977 dh /kkjk 2 }kjk izfrLFkkfirA
3- m0iz0 vf/kfu;e la0 13 o’kZ 1985 dh /kkjk 2 }kjk c<k+;k x;kA
4- m0iz0 vf/kfu;e la0 07 o’kZ 1992 dh /kkjk 2 }kjk “kCn izfrLFkkfirA
5- mi;qZDr dh /kkjk 3 }kjk “kCn izfrLFkkfirA
6- m0iz0 vf/kfu;e la0 5 o’kZ 2000 dh /kkjk 2 }kjk [k.M tksMk+ x;kA
193
¿mRrj izns”k yksd lsok ¼vf/kdj.k½ vf/kfu;e] 1976À ¿/kkjk 2À
2&& bl vf/kfu;e esa&& ifjHkk’kk,a
¼d½ ^^fu;r fnukad** dk rkRi;Z 24 uoEcj] 1975 ls gS(
¿¼dd½ izLr qrdrkZ vf/kdkjh] esa jkT; ljdkj }kjk fu;qDr lgk;d izLrqrdrkZ
vf/kdkjh Hkh lfEefyr gS]À1
¿¼d&1½ ^U;k;ihB** dk rkRi;Z vf/kdj.k dh U;k;ihB ls gS(
¼d&2½ ^v/;{k** dk rkRi;Z vf/kdj.k ds v/;{k ls gS(
¿¼d&2d½ ^^eq[; U;k;k/kh”k* dk rkRi;Z mPp U;k;ky; ds eq[; U;k;k/kh”k ls gS(À6
¼d&3½ ^ftyk U;k;k/kh”k* dk rkRi;Z caxky] vkxjk vkSj vklke flfoy U;k;ky;
vf/kfu;e] 1887 ds vFkZ esa ftyk U;k;k/kh”k ls gS]
¿¼d&3¼d½½ **fof/kd izfrfuf/k** ls ,slk O;fDr vfHkizsr gS] tks fdlh e`r O;fDr dh
lEink dk fof/kd n`f’Vdks.k ls izfrfuf/kR o djrk gks vkSj blesa isa”kfud] lsokfuo`fRr] lsokUr
;k vU; ykHk izkIr djus dk vf/kdkj /kkj.k djus okyk O;fDr Hkh lfEefyr gS(À9
¼d&4½ ^lnL;* dk rkRi;Z vf/kdj.k ds U;kf;d ;k iz”kklfud lnL; ls gS vkSj
blds vUrxZr vf/kdj.k dk v/;{k vkSj mik/;{k ls gS(À4
2¿¼[k½ yksd&lsod** dk rkRi;Z izR;sd ,sls O;fDr ls gS ] tks fuEufyf[kr dh lsok esa
;k mldk osru Hkksxh gks&&
¼,d½ jkT; ljdkj] ;k
¼nks½ LFkkuh; izkf/kdkjh] tks Nkouh cksMZ u gks] ;k
3¿¼rhu½ jkT; ljdkj ds LokfeRo ;k fu;a=.k esa dksbZ vU; fuxe ¼ftuds
vUrxZr dEiuh vf/kfu;e] 1956 dh /kkjk 3 esa ;Fkk ifjHkkf’kr dksbZ ,slh dEiuh Hkh
gS] ftlesa ipkl izfr”kr ls vU;wu leknRr va”kiwath jkT; ljdkj /kkj.k djrh gS½%
fdUrq blds vUrxZr fuEufy[kr ugha gS %&
¼1½ fdlh vU; dEiuh dh osru Hkkxh ;k mldh lsokjr dskbZ O;fDr( ;k
¼2½ vf[ky Hkkjrh; lsokvksa ;k vU; dsUnzh; lsokvksa dk dksbZ lnL;(À3
¿[k[k½ ^lsok lEcU/kh ekeys* dk rkRi;Z fdlh yskd lsod dh lsok dh “krksZa
ls lEcfU/kr fdlh ekeys ls gS(À7
5¿¼x½ ^^vf/kdj.k** dk rkRi;Z /kkjk 3 ds v/khu xfBr vf/kdj.k ls gS(
¿¼?k½ ^^mik/;{k *dk rkRi;Z vf/kdj.k ds mik/;{k ¼U;kf;d½ ;k mik/;{k ¼iz”kkldh;½
ls gSAÀ8
1& m0iz0 vf/kfu;e la0 1 o’kZ 1977 dh /kkjk 3 ¼,d½ }kjk c<k+;k x;kA
2& mi;qZDr dh /kkjk 3 ¼nks½ }kjk izfrLFkkfirA
3& m0iz0 vf/kfu;e la0 13 o’kZ 1980 dh /kkjk 2 }kjk izfrLFkkfirA
4& m0iz0 vf/kfu;e la0 07 o’kZ 1992 dh /kkjk 4 ¼d½ }kjk tksMk+ x;kA
5& mi;qZDr dh /kkjk 4¼[k½ }kjk izfrLFkkfirA
6& m0iz0 vf/kfu;e la0 05 o’kZ 2000 dh /kkjk 3 ¼d½ }kjk tksMk+ x;kA
7& mi;qZDr dh /kkjk 3 ¼[k½ }kjk tksMk+ x;kA
8& mi;qZDr dh /kkjk 3 ¼x½ }kjk izfrLFkkfirA
9& mRrjk[k.M vf/kfu;e la[;k 34 o’kZ 2013 dh /kkjk 2 }kjk tksMk+ x;kA
194
¿mRrj izns”k yksd lsok ¼vf/kdj.k½ vf/kfu;e] 1976À ¿/kkjk 3À
1¿3&& ¼1½ mRrj izns”k yksd lsok ¼vf/ kdj.k½ ¼la”kks/ku½ vf/kfu;e] 1992 ds izkjEHk gksus
ds i”pkr~ ;Fkk”kD; “kh?kz jkT; ljdkj] vf/klwpuk }kjk ,d vf/kdj.k LFkkfir djsxh ] ftls
jkT; yksd lsok vf/kdj.k dgk tk,xkA
vf/kdj.k dk xBu
¼2½ vf/kdj.k esa ,d v/;{k] ¿,d mik/;{k ¼U;kf;d½] ,d mik/;{k ¼iz”kkl dh;½À2 vkSj
U;kf;d vkSj iz”kkldh; Js.kh ds de ls de ikap&ikap vU; lnL; mruh la[;k esa gksaxs ftruh
jkT; ljdkj vo/kkfjr djsA
¼3½ dksbZ O;fDr v/;{; ds :i esa fu;qfDr ds fy;s vgZ ugha gksxk tc rd fd&&
¼d½ og fdlh mPp U;k;ky; dk U;k;k/kh”k u jgk gks] ;k
¼[k½ mlus de ls de nks o’kZ rd mik/;{k dk in /kkj.k u fd;k gks] ;k
¼x½ og Hkkjrh; iz”kklfud lsok dk ,slk lnL; u jgk gks ] ftlus Hkkjr lj dkj ds
lfpo ;k mlds led{k dsUnzh ; ;k jkT; ljdkj ds v/khu dksbZ vU; in /kkj.k fd;k gks vkSj
ftls U;k; O;oLFkk dk i;kZIr vuqHko gksA
¿¼4½ dksbZ O;fDr mik/;{k ¼U;kf;d½ ds :i esa fu;qfDr ds fy;s vgZ ugha gksxk ] tc rd
fd&&
¼d½ mlus de ls de ikap o’kZ rd ftyk U;k;k/kh”k ;k mlds led{k dksbZ vU; in
/kkj.k u fd;k gks( ;k
¼[k½ mlus de ls de nks o’kZ rd U;kf;d lnL; dk in /kkj.k u fd;k gksA
¼4&d½ dksbZ O;fDr mik/;{k ¼iz”kkldh;½ ds :i esa fu;qfDr ds fy; s vgZ ugha gksxk tc
rd fd &&
¼d½ mlus de ls de nks o’kZ rd ¼iz”kkldh;½ lnL; dk o’kZ /kkj.k u fd;k gks( ;k
¼[k½ mlus de ls de nks o’kZ rd Hkkjr ljdkj ds vij lfpo dk in ;k dsUnzh; ;k
fdlh jkT; ljdkj ds v/khu ,slk dksbZ in /kkj.k u fd;k gks ftldk osrueku Hkkjr ljdkj ds
vij lfpo ds osrueku ls de u gks vkSj mls jkT; ljdkj dh jk; esa U;k; O;oLFkk dk i;kZIr
vuqHko u gksAÀ3
¼5½ dksbZ O;fDr U;kf;d lnL; ds :i esa fu;qfDr ds fy, vgZ ugha gksxk tc rd fd
mlus ftyk U;k;k/kh”k ;k mlds led{k dksbZ vU; in /kkj.k u fd;k gksA
¼6½ dksbZ O;fDr iz”kkldh; lnL; ds :i esa fu;qfDr ds fy, vgZ ugha gksxk tc rd fd
mlus fdlh e.My ds vk;qDr ;k Hkkjr ljdkj ds la;qDr lfpo dk in /kkj.k u fd;k gks ;k
/kkj.k djus ds fy, vgZ u gks vkSj ¿mls jkT; ljdkj dh jk; esa] U;k; O;oLFkk dk i;kZIr vuqHko
u gksAÀ4
¼7½ v/;{k] mik/;{k vkSj izR;sd vU; lnL; ¿eq[; U;k;/kh”k ds ijke”kZ ls jkT; ljdkj
}kjk fu;qDr fd;s tk;saxs] ftlds fy, izLrko jkT; ljdkj }kjk vkjEHk fd;k tk;sxk%À5
1& m0iz0 vf/kfu;e la0 7 o’kZ 1992 dh /kkjk 5 }kjk /kkjk 3 izfrLFkkfirA
2& m0iz0 vf/kfu;e la0 05 o’kZ 2000 dh /kkjk 4 [k.M ¼d½ }kjk izfrLFkkfirA
3& mi;qZDr dh /kkjk 4 [k.M ¼[k½ }kjk izfrLFkkfirA
4& mi;qZDr dh /kkjk 4 [k.M ¼x½ }kjk izfrLFkkfirA
5& mi;qZDr dh /kkjk 4 [k.M ¼?k½ }kjk izfrLFkkfirA
195
¿mRrj izns”k yksd lsok ¼vf/kdj.k½ vf/kfu;e] 1976À ¿/kkjk 3À
ijUrq dksbZ O;fDr ;FkkfLFkfr v/;{k] mik/;{k ;k vU; lnL; dk in /kkj.k ugha
djsxk tc rd fd mlus ;F kkfLFkfr mPp U;k;ky; ds U;k;k/kh”k ds in ls] ;k Hkkjrh;
iz”kklfud lsok ls ;k mRrj izns”k mPprj U;k;f;d lsok ls ;k mik/;{k ;k lnL; ds :i
esa lsok ls fHkUu fdlh vU; lsok ls] ftlesa og lsokjr Fkk] R;kxi= u ns fn;k gks ;k
lsokfuo`Rr u gks x;k gksA
¼8½ v/;{k] mik/;{k ;k vU; lnL; bl :i esa viuk in /kkj.k djus ds fnuakd ls
ikap o’kZ dh vof/k ds fy, in /kkj.k djsxk] fdUrq og ikap o’kZ dh ,d vkSj vof/k ds fy;s
iqufuZ;qfDr ds fy;s ik= gksxk %
ijUrq& &
¿¼d½ v/;{k@mik/;{k ds ekeys esa lM+lB o’kZ( vkSj
¼[k½ fdlh vU; lnL; ds ekeys esa iSalB o’kZ dh vk;q izkIr dj yh gksAÀ2
¼9½ v/;{k] mik/;{k ;k dksbZ vU; lnL; jkT ;iky dks lEcksf/kr Lo&gLrk{kfjr
fyf[kr lwpuk }kjk viuk in R;kx ldrk gS %
ijUrq v/;{k] mik /;{k ;k vU; lnL; tc rd mUgsa jkT ;iky }kjk igys gh in
NksM+us dh vuqKk ugha nh tkrh] lwpuk dh izkfIr ds fnukad ls rhu ekl dh lekfIr rd ;k
mlds mRrjkf/kdkjh ds :i esa lE;d~ :i ls fu;qDr O;fDr ds in laHkkyus rd ;k viuh
inkof/k dh lekfIr rd] buesa tks Hkh lcls igys gks] viuk in /kkj.k djrk jgsxkA
¼10½ v/;{k] mik/;{k ;k dksbZ vU; lnL;] fofgr jhfr ls ¿eq[; U;k;k/kh”k }kjk ;k
mPp U;k;ky; ds fdlh ,sls U;k;k/kh”k }kjk] ftls eq[; U;k;k/kh”k }kjk ukefufnZ’V fd;k
tk;] dh xbZ ,slh tkap ds i”pkr~ À1 ftlesa ;FkkfLFkfr ,sls v/;{k] mik/;{k ;k vU; lnL;
dks mlds fo:) yxk;s x;s vkjksiksa dh lwpuk nh xbZ gks vkSj mu vkjksiksa ds lEcU/k esa
lquokbZ dk ;qfDr;qDr volj fn;k x;k gks] lkfcr nqO;Zogkj ;k v{kerk ds vk/kkj ij
jkT;iky }kjk fn;s x;s fdlh vkns”k ds flok; vius in ls gVk;k ugha tk;sxkA
¼11½ in ij u jg tkus ij] v/;{k] mik/;{k ;k vU; lnL;] jkT; lj dkj ds] ;k
jkT; ljdkj ds fu;U=.kk/khu fdlh LFkkuh; ;k vU; izkf/kdkjh ds] ;k jkT; ljdkj ds
LokfeRok/khu ;k fu;U=.kk/khu fdlh fuxe ;k lkslkbVh ds v/khu vxzrj fu;kstu ds fy;s
ik= ugha gksaxs %
ijUrq bl vf/kfu;e ds vU; micU/kksa ds v/khu jgrs gq,] dksbZ mik/;{ k v/;{k ds
:i esa fu;qfDr ds fy;s ik= gksxk vkSj dksbZ lnL; mik/;{k ;k v/;{k ds :i esa fu;qfDr ds
fy, ik= gksxkA
¼12½ in ij u jg tkus ij] v/;{k] mik/;{k ;k vU; lnL; vf/kdj.k ds le{k
fdlh O;fDr dh vksj ls u mifLFkfr gksxkk] u dk;Z djsxk vkSj u vfHkopu djsxkA
¼13½ v/;{k] mik/;{k vkSj Excerpt shown. Open the full act in Lexace.