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TMI BlogTribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020X X X X Extracts X X X X X X X X Extracts X X X X ..... olumn (2) of the Eighth Schedule of the Finance Act, 2017 (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 Cha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... determine its procedure for making its recommendation and, after taking into account the suitability, record of past performance, integrity as well as adjudicatory experience keeping in view the requirements of the Tribunal, Appellate Tribunal or, as the case may be, Authority, recommend a panel of two or three persons for appointment to each post. (3) 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. (4) 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Search-Cum-Selection Committee to conduct the inquiry. (3) The Search-Cum-Selection 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 Search-Cum-Selection 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 Search-Cum-Selection Committee shall not be bound by the procedure laid down by the Code of Civil Procedure,1908 (5 of 1908) but shall be guided by the principles of natural justice and shall have power to regulate its own procedure, including the fixing of date, place and time of its inquiry. 9. Term of office of Mem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g Officer of the Debts 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 or a High Court or a Judicial Member of the Tribunal or a member of the Indian Legal Service or a member of an organised Service appointed to the post of the Chairperson, Chairman, President or Presiding Officer of the Security Appellate Tribunal , the service rendered in the Tribunal, Appellate Tribunal or, as the case may be, Authority shall count for pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 allowance at the same rate are admissible to a Government of India officer holding Group 'A' post carrying the same pay . 16. Transport allowance . - The Chairman, Chairperson, President, Vice-Ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y 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. Oath 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. FORM I (See rule 19) Form of Oath of Office for Chairman/Vice-Chairman/ Chairperson/ Vice-Chairperson/ President/Vice-President/ Presiding Officer/ Administrative Member/ Judicial Mem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 (1) (2) (3) (4) 1. Industrial Tribunal constituted by the Central Government under the Industrial Disputes Act, 1947 (14 of 1947) A person shall not be qualified for appointment as Presiding Officer, unless he, (a) is, or has been, a Judge of a High Court; or (b) has, for a combined period of ten years, been a District Judge and Additional District Judge. Search-cum-Selection- Committee for the post of the Presiding Officer, (i) Chief Justice of India or a Judge of Supreme Court nominated by him - chairperson; (ii) Outgoing Presiding Officer of the National Industrial Tribunal - member; (iii) Secretary to the Government of India, Ministry of Labour and Employment - member; (iv) Secretary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Legal Afairs) - member; and (iv) Secretary to the Government of India, Ministry of Finance, (Department of Revenue) member. 3. The Customs, Excise and Service Tax Appellate Tribunal under the Customs Act, 1962 (52 of 1962) (1) A person shall not be qualified for appointment as President unless, - (a) he is or has been a Judge of a High Court and who has completed not less than seven years of service as a Judge in a High Court; or (b) he is the member of the Appellate Tribunal. (2) A person shall not be qualified for appointment as a Judicial Member, unless, - (a) he has, for a combined period of ten years, been a District Judge and Additional District Judge; or (b) he has been a member of the Indian Legal Service and has held a post of Additional Secretary or any equivalent or higher post for two years; or (c) he has been an advocate for twenty-five years. (3) A person shall not be qualified for appointment as a Technical Member unless he has been a member of the Indian Revenue Service (Customs and Central Excise Service Group 'A') and has held the post ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appointment as the Chairman, unless he, (a) is, or has been, a Judge of a High Court; or (b) has, for a period of not less than three years, held office as Administrative Member or Judicial Member in the Central Administrative Tribunal; (2) A person shall not be qualified for appointment, (a) as a Judicial Member, unless he, (i) is, or has been, a Judge of a High Court; or (ii) has, for one year, held the post of Secretary to the Government of India in the Department of Legal Affairs or the Legislative Department including Member Secretary, Law Commission of India; or (iii) has, for two years, held a post of Additional Secretary to the Government of India in the Department of Legal Affairs or Legislative Department; or (iv) has, for a combined period of ten years, been a District Judge and Additional District Judge. (b) as an Administrative Member, unless he, - (i) has, for one year, held the post of Secretary to the Government of India or any other post under the Central Government or a State Government and carrying the scale of pay which is not less than that of a Secretary to the Government of India for one year; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a scale of pay which is not less than that of an Additional Secretary to the Government of India; or (d) has, for a period of not less than three years, held office as a Judicial Member. (3) A person shall not be qualified for appointment as the Vice-Chairman (Technical), unless he, (a) has, for a period of not less than three years, held office as a Technical Member; (b) has, for two years, held a post under a railway administration carrying a scale of pay which is not less than that of an Additional Secretary to the Government of India and has adequate knowledge of rules and procedure of, and experience in, claims and commercial matters relating to railways. (4) A person shall not be qualified for appointment as a Judicial Member, unless he, (a) is, or has been, a Judge of a High Court; (b) has, for a combined period of ten years, been a District Judge and Additional District Judge. (5) A person shall not be qualified for appointment as a Technical Member unless he is a person of ability, integrity and standing having special knowledge of rules and procedure of, and experience in, claims and commercial matters relating to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld office as such in the Board or in such Authorities. (3) The Presiding Officer or Member of the Securities Appellate Tribunal shall be a person who does not have any financial or other interest as are likely to pre-judicially affect their functions as such Presiding Officer or Member. Search and Selection Committee for Post of the Presiding Officer, Judicial Member and Technical Member. (i) Chief Justice of India or Judge of the Supreme Court of India nominated by him Chairperson; (ii) (a) in case of appointment of Presiding Officer, the Outgoing Presiding Officer of the Securities Appellate Tribunal member; (b) in case of appointment of Judicial Member and Technical Member, the Presiding Officer of the Securities Appellate Tribunal member; or (iii) Secretary to the Government of India, Ministry of Finance, (Department of Economic Affairs) member; and (iv) Secretary to the Government of India, Ministry of Finance, (Department of Revenue) member. 8. Debts Recovery Tribunal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v) Secretary to the Government of India, (Department of Economic Affairs) - member; 11. 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, a Judge of Supreme Court; or (b) is, or has been, Chief Justice of a High Court. (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-five years in economics, business, commerce, law, finance, accountancy, management, industry, public affairs, administration, telecommunications or any other matter which is useful to the Telecom Disputes Settlement and Appellate Tribunal. Search-cum-Selection Committee for the post of the Chairperson and Member, (i) Chief Justice of India or any judge of the Supreme Court nominated by him -chairperson; (ii) (a) in case of appointment of Chairperson, the Outgoing Chairperson of the Tel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r (Copyright), unless he, (a) is, or has been a member of the Indian Legal Service and is holding, or has held a post of Additional Secretary or any equivalent or any higher post for two years; or (b) has, for a combined period of ten years, been a District Judge and Additional District Judge; or (c) is, or has been a member of a Tribunal or Civil Service not below the rank of an Additional Secretary to the Government of India with three years experience in the field of Copyright; or (d) has, for twenty-five years, been an advocate of a proven specialized experience in Copyright Law: Provided that one member of the Appellate Board for purposes of the Copyright Act shall have qualification as in (a), (b) or (d) above. (A) Search-cum-Selection for the post of the Chairman, Vice- Chairman, Judicial Member and Technical Member of the Appellate Board, - (i) Chief Justice of India or any Judge of the Supreme Court nominated by him - chairperson; (ii) (a) in case of appointment of Chairman, the Outgoing Chairman of the Appellate Board member; or (b) in case of appointment of Vice- Chairman, Judicial Member and Technical Member ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct Judge and Additional District Judge; or (d) Revenue Member from the Indian Revenue Service who is qualified to be a Member of the Central Board of Direct Taxes and an officer of the Indian Customs and Central Excise Service, who is qualified to be a Member of the Central Board of Excise and Customs and has performed judicial, quasi-judicial or adjudicating function for three years. Search-cum Selection Committee for the post of Chairman, Vice-Chairman, Law Member and Revenue Member - (i) Chief Justice of India or any Judge of the Supreme Court nominated by him chairperson; (ii) (a) in case of appointment of Chairman, the Outgoing Chairman to the Authorities for Advance Ruling- member; or (b) in case of appointment of Vice- Chairman, Law Member and Revenue Member, the Chairman to the Authorities for Advance Ruling- member; (iii) Secretary to the Government of India, Ministry of Finance (Department of Revenue) member; and (iv) Secretary to the Government of India, Ministry of Personal, Public Grievances and Pensions (Department of Personnel and Training) member. 15. Film Certification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of appointment of Member, the President of National Consumer Disputes Redressal Commission- member; (iii) Secretary to the Government of India, Ministry of Consumer Affairs, Food and Public Distribution-member; and (iv) Secretary to the Government of India, Ministry of Commerce (Department for Promotion of Industry and Internal Trade)member. 17. Appellate Tribunal for Electricity under the Electricity Act, 2003 (36 of 2003). (1) A person shall not be qualified for appointment as Chairperson of the Appellate Tribunal, unless he, (a) is, or has been, a Judge of Supreme Court; or (b) is, or has been, Chief Justice of a High Court. 2. A person shall not be qualified for appointment as Judicial Member, unless, he (a) is, or has been, a Judge of a High Court; or (b) has, for a combined period of ten years, been a District Judge and Additional District Judge. (3) A person shall not be qualified for appointment as Technical Member unless he is a person of ability, integrity and standing having special knowledge of, and professional experience of, not less than twenty five years in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (a) in case of appointment of Chairperson, the Outgoing Chairperson of the Armed Force Tribunal - member; or (b) in case of appointment of Judicial Member and Administrative Member the Chairperson of the Armed Forces Tribunal - member; (iii) Secretary to the Government of India, Ministry of Defence member; and (iv) Secretary to the Government of India, Ministry of Personal, Public Grievances and Pensions (Department of Personnel and Training)-member. 19. National Green Tribunal under the National Green Tribunal Act, 2010 (19 of 2010) (1) A person shall not be qualified for appointment as Chairperson, unless he, (a) is, or has been, a Judge of Supreme Court; or (b) is, or has been, Chief Justice of a High Court. (2) A person shall not be qualified for appointment as Judicial Member, unless he, (a) is, or has been, a Judge of a High Court; or (b) has, for a combined period of ten years, been a District Judge and Additional District Judge. (3) A person shall not be qualified for appointment as Expert Member, unless he, - (a) has a degree or Post-graduation degree ..... X X X X Extracts X X X X X X X X Extracts X X X X
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