Amendment status not verified — confirm the current text below against the official source.
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 adversely, 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 jurisdiction, powers and authority of the High Court under the Contempt of Courts 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 Court 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 shall be construed 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 against 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 Code 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) pending 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 referred 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 evidence produced in the court as if the same were presented or produced before the Tribunal.