Amendment status not verified — confirm the current text below against the official source.
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, Vice-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 Government, 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 service 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 Government 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 in-action of the State Government or a local authority or any other corporation or company referred 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 ‘Tribunal 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 documents 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 reference 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 reference 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 appeal 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 competent 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 Chairman 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