1. The Tribunal consists of a Chairman,
two Vice Chairmen and such number of other Judicial and
Administrative Members not less than five in each category, as may
be determined by the State Government.
2. 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 Services who has
held the post of 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.
3. A person shall not be qualified for
appointment as Vice Chairman unless he-
(a) has held 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 or as
Administrative member ;or
(c) has been, a member of the Indian Administrative Service who has
held the post of Additional Secretary to 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 a Judicial Member, unless he has held the post of
District Judge, or any other post equivalent thereto.
5. A person shall not be qualified for
appointment as an Administrative Member, unless he has been an
officer of the Indian Administrative Service or an Officer of the
Provincial Civil Service (Executive Branch) in the pay scale of Rs.
18400-22400 or above and has adequate experience in dispensation of justice.
6. The Chairman, Vice Chairman and every
other member shall be appointed by the state Government:
Provided that no person shall assume the office of Chairman, Vice
Chairman or other member, 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.
7. The Chairman, Vice Chairman or other
member shall hold office as such for a term of five years from 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, the age of sixty-seven years and
(b) in the case of Vice Chairman or member, the age of sixty-five
years.
8. The Chairman, Vice Chairman or any
other member may be 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 offices
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.
9. 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 misbehaviour or
incapacity after such inquiry made 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.
*The Uttar Pradesh Public Services (Tribunal) (AMENDMENT) ACT, 2007.
10. 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 provision of this act, a Vice
-Chairman and any other member shall be eligible for appointment as
Vice Chairman or Chairman.
11. On ceasing to hold office, the
Chairman, Vice Chairman or other member shall not appear, act or
plead before the Tribunal on behalf of any person.
12. The salaries and allowances payable to
the Chairman, Vice-Chairman and other member and other conditions of
their service shall be such as may be determined by the State
Government from time to time.
13. 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
resume his duties or as the case may be, a Chairman appointed in
accordance with the provisions of this act assume charge of his
office.
Registrar:
Registrar will be of Higher
Judicial Service (H.J.S.). Registrar is the head of office and D.D.O.
of the State Public Services Tribunal. The Registrar shall have the
custody of the records of the Tribunal and shall exercise such other
functions as are assigned to him under these rules or by the Chairman
by separate order. The Registrar may, with the approval of the
Chairman delegate to the Joint Registrar (J) or Joint Registrar (E) or
any other officer any function or power required by these rules to be
performed or exercised by the Registrar. The Official seal shall be
kept in the custody of the Registrar. Subject to any general or
special direction by the Chairman, the seal of the Tribunal shall not
be affixed to any order, summons or other process save under the
authority in writing of the Registrar. The seal of the Tribunal shall
not be affixed to any certified copy issued by the Tribunal save under
the authority in writing of the Registrar.
Joint Registrar (J):
Joint Registrar (J) will be of
Provincial Judicial Service in status of Civil Judge Senior division.
He shall exercise functions as are assigned by Chairman and the work
delegated by the registrar. He will supervise and manage the functions
of the following sections.
1. Reporting Section
2. Cause List Section
3. Writ Section
4. Contempt Section
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