Power to punish for contempt

§5A

Summary

1[ (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, power and authority in respect of contempt of itself 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 :– (a) references 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 2[ 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] 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 filed within sixty days from the date of the order appealed against.’’

1[ (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, power and authority in respect of contempt of itself 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 :– (a) references 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 2[ 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] 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 filed within sixty days from the date of the order appealed against.’’

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