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TMI BlogTribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017.X X X X Extracts X X X X X X X X Extracts X X X X ..... (7 of 2017). 2. Definitions.-In these rules, unless the context otherwise requires, - (a) "Act" means an Act specified in column (3) of the Eighth Schedule of the Finance Act, 2017(7 of 2017); (b) "Accountant Member", "Administrative Member", "Judicial Member", "Expert Member", "Law Member", "Revenue Member" or "Technical Member" means the Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member or Technical Member of the Tribunal, Appellate Tribunal or, as the case may be, Authority appointed under the corresponding provisions of the Act; (c) "Appellate Tribunal", "Authority" or "Tribunal" has the same meaning as assigned to it in the corresponding provisions of the Act; (d) "Chairman" or "Chairperson'' or "President'' means the Chairman, Chairperson or President of the Tribunal, Appellate Tribunal or, as the case may be, Authority appointed under the corresponding provisions of the Act; (e) "Member" means the Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member or Technical Member and includes the Chairman, Vice-Chairman, Chairperson, Vice-Chairpers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvener of the Search-cum -Selection Committee. (3) The Search-cum-Selection Committee shall determine its procedure for making its recommendation. (4) No appointment of Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice- President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member of the Tribunal, Appellate Tribunal or Authorities shall be invalid merely by reason of any vacancy or absence in the Search-cum-Selection Committee. (5) Nothing in this rule shall apply to the appointment of Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice- President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member of the Tribunal, Appellate Tribunal or, as the case may be, Authority functioning as such immediately before the commencement of these rules. 5. Medical fitness.-No person shall be appointed as the Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice- President, Presiding Officer, Accountant Member, Administrative Member, Judicial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tituted or established, shall make a preliminary scrutiny of such complaint. (2) If on preliminary scrutiny, the Ministry or Department of the Government of India under which the Tribunal, Appellate Tribunal or, as the case may be, Authority is constituted or established, is of the opinion that there are reasonable grounds for making an inquiry into the truth of any misbehavior or incapacity of a Chairman, Vice-Chairman, Chairperson, Vice-Chairperson, President, Vice-President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member, it shall make a reference to the Committee constituted under rule 7 to conduct the inquiry. (3) The Committee shall complete the inquiry within such time or such further time as may be specified by the Central Government. (4) After the conclusion of the inquiry, the Committee shall submit its report to the Central Government stating therein its findings and the reasons therefor on each of the charges separately with such observations on the whole case as it may think fit. (5) The Committee shall not be bound by the procedure laid down by the Code of Civil Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Technical Member or, as the case may be, Member shall be paid a salary of ₹ 2,25,000 and shall be entitled to draw allowances as are admissible to a Government of India Officer holding Group 'A' post carrying the same pay. (3) A Presiding Officer of the Debt Recovery Tribunal or a Presiding Officer of the Industrial Tribunal constituted by the Central Government shall be paid a salary of ₹ 1,44,200 - 2,18,200 and shall be entitled to draw allowances as are admissible to a Government of India officer holding Group 'A' post carrying the same pay. (4) In case of a person appointed as the Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member, as the case may be, is in receipt of any pension, the pay of such person shall be reduced by the gross amount of pension drawn by him. 12. Pension, Gratuity and Provident Fund.-(1) In case of a serving Judge of the Supreme Court, a High Court or a serving Judicial Member of the Tribunal or a member of the Indian Legal Service or a member of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer of the Debts Recovery Tribunal and Industrial Tribunal, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member shall be Chairman, Chairperson or as the case may be, President; and (b) for the Chairman, Chairperson, Presiding Officer of Security Appellate Tribunal or President, shall be the Central Government, who shall also be sanctioning authority for Accountant Member, Administrative Member, Judicial Member, Expert Member or Member in case of absence of Chairman, Chairperson, Presiding Officer of Security Appellate Tribunal or President. (2) The Central Government shall be the sanctioning authority for foreign travel to the Chairman, Chairperson, President, Vice-Chairman, Vice-Chairperson, Vice-President, Accountant Member, Administrative Member, Judicial Member, Expert Member, Technical Member, Presiding Officer or a Member. 15. House rent allowance.-The Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Technical Member or Member shall be entitled to house rent allowan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ber of the Tribunal, Appellate Tribunal or, as the case may be, Authority shall not, for a period of two years from the date on which they cease to hold office, accept any employment in, or connected with the management or administration of, any person who has been a party to a proceeding before the Tribunal, Appellate Tribunal or, as the case may be, Authority: Provided that nothing contained in this rule shall apply to any employment under the Central Government or a State Government or a local authority or in any statutory authority or any corporation established by or under any Central, State or Provincial Act or a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013). 19. Oaths of office and secrecy.-Every person appointed to be the Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice-President, Accountant Member, Administrative Member, Judicial Member, Expert Member, Technical Member, Presiding Officer or Member shall, before entering upon his office, make and subscribe an oath of office and secrecy in Forms I and II annexed to these rules. 20. Power to relax.-Where the Central Government is of the opinion th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , do solemnly affirm/do swear in the name of God that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as Chairman/Vice-Chairman/ Chairperson/ Vice-Chairperson/ President/Vice-President/ Presiding Officer / Accountant Member/ Administrative Member, Judicial Member/ Expert Member / Law Member/ Revenue Member/ Technical Member /Member of the said (Name of Tribunal/Appellate Tribunal/Authority) except as may be required for the due discharge of my duties as the Chairman/Vice-Chairman/ Chairperson/ Vice-Chairperson/ President/Vice-President/ Presiding Officer/Member. SCHEDULE Sl.No. Name of Tribunal, Appellate Tribunal or Authority. Qualification for appointment of Chairperson, Chairman, President, Vice-Chairperson, Vice-Chairman, Vice-President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member or Technical Member or Member. Composition of Search-cum- Selection Committee Term of Office Maximum age for holding Office (in years) (1) (2) (3) (4) (5) (6) 1. Industrial Tribunal constituted by the Central Government und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stered accountant and partly as a chartered accountant; or (ii) he has been a member of the Indian Revenue Service (Income-tax Service Group 'A') and has held the post of Additional Commissioner of Income-tax or any equivalent or higher post for at least three years. (A) Search-cum-Selection Committee for the post of the President and Vice-President, - (i) a sitting Judge of Supreme Court to be nominated by the Chief Justice of India-chairperson; (ii) the President, Income-tax Appellate Tribunal-member; and (iii) the Secretary to the Government of India, Ministry of Law and Justice (Department of Legal Affairs)- member. (B) Search-cum-Selection Committee for the Accountant Member and Judicial Member, - (i) a nominee of the Minister of Law and Justice- chairperson; (ii) Secretary to the Government of India, Ministry of Law and Justice (Department of Legal Affairs)- member; (iii) President of the Income-tax Appellate Tribunal - member; and (iv) such other persons, if any, not exceeding two, as the Minister of Law and Justice may appoint-member. Three Years President Sixty-five years Vice-President Sixty-two years Member-Sixty-two years 3. The Customs, Excise and Servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Department of Legal Affairs) - member. Three Years President - Sixty-seven years Member- Sixty-two years 4. Appellate Tribunal under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (13 of 1976) (1) The Chairman of the Appellate Tribunal shall be a person who is or has been or is qualified to be a Judge of a Supreme Court or a Judge of a High Court. (2) The Member of the Appellate Tribunal shall be a person not below the rank of Joint Secretary to the Government of India. (A) Search-cum- Selection Committee for the post of Chairman, - (i) Chief Justice of India or a Judge of the Supreme Court of India as nominated by the Chief Justice of India - chairperson; (ii) Secretary to the Government of India (Department of Revenue)- member; (iii) Secretary to the Government of India, Ministry of Law and Justice (Department of Legal Affairs)- member; (iv) Secretary to the Government of India, Department of Personnel and Training- member. (B) Search-cum-Selection Committee for the post of Member, - (i) Cabinet Secretary - chairperson; (ii) Secretary to the Government of India, Department of Personnel and Training- member; (iii) Secretary to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held the post of Secretary or Additional Secretary, as the case may be, from the date such officers were granted proforma promotion or actual promotion whichever is earlier to the level of Secretary or Additional Secretary, as the case may be , and the period spent on Central deputation after such date shall count for qualifying service for the purpose of this clause. (A) Search-cum-Selection Committee for the post of Chairman and Judicial Member, - (i) Chief Justice of India or his nominee- chairperson; (ii) Chairman of the Central Administrative Tribunal, Principal Bench - member; (iii) Secretary to the Government of India, (Department of Personnel and Training)- member; (iv) Secretary to the Government of India, Ministry of Law and Justice -member; (e) one expert, to be nominated by the Central Government of India- member. (B) Search-cum-Selection Committee for the post of Administrative Member, - (i) a person to be nominated by the Central Government - chairperson; (ii) Chairman of the, Central Administrative Tribunal - member; (c) Secretary to the Government of India, (Department of Personnel and Training)- member; (d) Secretary to the Government of India, Ministry ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... airman, Vice-Chairman (Judicial) or Member (Judicial): - (i) Chief Justice of India or his nominee- chairperson; (ii) Chairman or Member (Traffic) of the Railway Board- member; (iii) Secretary to the Government of India to be nominated by the Central Government- member; (iv) two experts who should have knowledge and experience of Claims and Commercial matters pertaining to Railways to be nominated by the Central Government- members. (B) Search-cum-Selection Committee for the post of the Vice-Chairman (Technical) or Member (Technical),- (i) a person to be nominated by the Central Government- chairperson; (ii) Chairman or Member (Traffic) of the Railway Board- member; (iii) Secretary to the Government of India to be nominated by the Central Government- member; (iv) two experts with knowledge and experience of Claims and Commercial matters relating to Railways to be nominated by the Central Government - members. Three Years Chairman- Sixty-seven years Vice-Chairman Sixty-five years Member - Sixty-two years 7. Securities Appellate Tribunal under the Securities Exchange Board of India Act, 1992 (15 of 1992) (1) A person shall not be qualified for appointment as the Presi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993 A person shall not be qualified for appointment as Presiding Officer of the Debts Recovery Tribunal, unless he,- (a) is, or has been, or is qualified to be, a District Judge; or (b) is a person of ability, integrity and standing, and having special knowledge of, and professional experience of not less than twenty years in economics, business, commerce, law, finance, accountancy, management, industry, public affairs, administration, banking, debt recovery or any other matter, which in the opinion of the Central Government is useful to the Debt Recovery Tribunal. Search-cum-Selection Committee for the post of Presiding Officer of the Debts Recovery Tribunal,- (i) Chief Justice of India or his nominee-chairperson; (ii) Secretary to the Government of India, Ministry of Finance (Department of Economic Affairs)- member; (iii) Secretary to the Government of India, Ministry of Law and Justice- member; (iv) Governor of the Reserve Bank or the Deputy Governor of the Reserve Bank of India nominated by the Governor of the Reserve Bank of India- member; and (v)Secretary to the Government of India or Addit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Telecom Disputes Settlement and Appellate Tribunal under the Telecom Regulatory Authority of India Act, 1997 (24 of 1997) (1) A person shall not be qualified for appointment as Chairperson, unless he,- (a) is, or has been, or is qualified to be, a Judge of Supreme Court; or (b) is, or has been, Chief Justice of a High Court; or (c) has, for a period of not less than three years held office as Member; or (d) is a person of ability, integrity and standing, and having special knowledge of, and professional experience of not less than twenty-five years in economics, business, commerce, law, finance, accountancy, management, industry, public affairs, administration, telecommunications or any other matter which in opinion of the Central Government is useful to the Telecom Disputes Settlement and Appellate Tribunal. (2) A person shall not be qualified for appointment as Member unless he is a person of ability, integrity and standing having special knowledge of, and professional experience of, not less than twenty years in economics, business, commerce, law, finance, accountancy, management, industry, public affairs, administration, telecommunications or any other matter which in op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5) A person shall not be qualified for appointment as Technical Member (Patent), unless he, - (a) has, for at least five years, held the post or exercised the functions of the Controller under the Patents Act, 1970 (39 of 1970); or (b) has, for at least ten years, functioned as a registered patent agent and possesses a degree in engineering or technology or a master's degree in science from any University established under law for the time being in force. (6) A person shall not be qualified for appointment as Technical Member (Copyright), unless he, - (a) is, or has been a member of the Indian Legal Service and is holding, or has held a post in Grade I of that Service for at least three years; or (b) has, for at least ten years, held a judicial office in the territory of India; or (c) is, or has been a member of a Tribunal or Civil Service not below the rank of a Joint Secretary to the Government of India with three years' experience in the field of Copyright; or (d) has, for at least ten years, been an advocate of a proven specialized experience in Copyright Law: Provided that at least one member of the Appellate Board for purposes of the Copyright Act shall have qualifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Law and Justice- member. Three Years Chair-Person-Seventy years Member -Sixty-seven years 14. Authority for Advance Ruling under the Income-tax Act, 1961 (43 of 1961) A person shall be qualified for appointment as,- (a) Chairman, who:- (i) is, or has been, or is qualified to be, a Judge of the Supreme Court; or (ii) is or has been a Chief Justice of a High Court; or (iii) has, for at least seven years, been a Judge of a High Court; or (iv) has, for at least three years, been a Vice-Chairman, Revenue Member or Law Member of the Authority for Advance Ruling; or (v) is a person of ability, integrity and standing, and having special knowledge of, and professional experience of not less than twenty-five years in economics, business, commerce, law, finance, accountancy, management, industry, public affairs, administration, taxation or any other matter which in the opinion of the Central Government is useful to the Authority. (b) Vice-chairman, who is, or has been, or is qualified to be, a Judge of a High Court; (c) Revenue Member from the Indian Revenue Service who is qualified to be a Member of the Central Board of Direct Taxes Board and an officer of the Indian Custom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - Sixty-seven years Member - Sixty-five years 16. National Consumer Disputes Redressal Commission under the Consumer Protection Act, 1986 (68 of 1986) (1) A person shall not be qualified for appointment as President, unless he,- (a) is, or has been, or is qualified to be, a Judge of the Supreme Court; or (b) is, or has been, Chief Justice of a High Court; or (c) has, for a period not less than three years, held office of Member or Judicial Member; or (d) is a person of ability, integrity and standing, and having special knowledge of, and professional experience of not less than twenty-five years in economics, business, commerce, law, finance, accountancy, management, industry, public affairs, administration or any other matter which in the opinion of the Central Government, is useful to the National Consumer Disputes Redressal Commission. (2) A person shall not be qualified for appointment as Member unless he is a person of ability, integrity and standing, and having special knowledge of, and professional experience of not less than twenty years in economics, business, commerce, law, finance, accountancy, management, industry, public affairs, administration or any other ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffairs, administration or in any other matter which in the opinion of the Central Government is useful to the Appellate Tribunal. (A) Search-cum-Selection Committee for the post of Chairperson and Judicial Member of the Appellate Tribunal, -- (i) Chief Justice of India or his nominee-chairperson; (ii) Secretary to the Government of India, Ministry of Power- member; (iii) Secretary to the Government of India to be nominated by the Central Government- member; (iv) two experts, to be nominated by the Central Government-members. (B) Search-cum-Selection Committee for the post of the Technical Member of the Appellate Tribunal,- (i) a person to be nominated by the Central Government chairperson; (ii) Secretary to the Government of India, Ministry of Power- member; (iii) Secretary to the Government of India to be nominated by the Central Government- member; (iv) two experts to be nominated by the Central Government-members. Three Years Chairperson Seventy years Member- Sixty-five years 18. Armed Force Tribunal under the Armed Forces Act, 2007 (55 of 2007) (1) A person shall not be qualified for appointment as Chairperson, unless, he, - (a) is, or has been, or is qualified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is, or has been, or is qualified to be, a Judge of a High Court; or has, for at least ten years, held a judicial office in the territory of India. (3) A person shall not be qualified for appointment as Expert Member, unless he,- (a) has a degree/Post-graduation degree/Doctorate Degree in Science and has an experience of twenty years in the relevant field including five years' practical experience in the field of environment and forests (including pollution control, hazardous substance management, environment impact assessment, climate change management, biological diversity management and forest conservation) in a reputed National level institution; or (b) has administrative experience of twenty years including experience of five years in dealing with environmental matters in the Central Government or a State Government or in a reputed National or State level institution. (A) Search-cum-Selection Committee for the post of the Chairperson or Judicial Member of the National Green Tribunal,- (i) Chief Justice of India or his nominee-chairperson; (ii) Secretary to the Government of India, Ministry of Environment, Forests and Climate Change- member; (iii) Secretary to the Gover ..... X X X X Extracts X X X X X X X X Extracts X X X X
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