9911796707
TMI BlogTribunal (Conditions of Service) Rules, 2021X X X X Extracts X X X X X X X X Extracts X X X X ..... (a) Act means an Act specified in column (3) of the First Schedule to the Tribunal Reforms Act, 2021 (33 of 2021); (b) Chairperson shall have the same meaning as assigned to it in clause (a) of the section 2 of the Act; (c) Committee means the Search-cum-Selection Committee referred to in sub-section (3) of section 3 of the Act; (d) Member shall have the same meaning as assigned to it in clause (b) of the section 2 of the Act; (e) Tribunal shall have the same meaning as assigned to it in clause (e) of section 2 of the Act; (f) words and expressions used herein and not defined but defined in the Act shall have the same meanings respectively assigned to them in the respective Acts. CHAPTER II APPOINTMENT OF CHAIRPERSON AND MEMBER 3. Qualifications . (1) In case of Industrial Tribunal 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. (2) In case of Income-tax Appellate Tribunal under the Income-tax Act, 1961 (43 of 1961), a person shall not be qualified fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ') and has held the post of Principal Commissioner of Customs or Central Excise or any equivalent or higher post and has performed judicial, quasi-judicial or adjudicating function for three years. (4) In case of Appellate Tribunal under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (13 of 1976), a person shall not be qualified for appointment as,- (a) Chairman, unless he is, or has been, a Judge of a Supreme Court or Chief Justice of a High Court; (b) Member, unless he has held the post of Additional Secretary to the Government of India or any equivalent or higher post and has performed judicial, quasi-judicial or adjudicating function for three years. (5) In case of Tribunals under the Administrative Tribunal Act, 1985 (13 of 1985), a person shall not be qualified for appointment as.- (a) Chairman, unless he, (i) is, or has been, a Judge of a High Court; or (ii) has, for a period of not less than three years, held office as Administrative Member or Judicial Member in the Central Administrative Tribunal. (b) Judicial Member, unless he, (i) is, or has been, a Judge of a High Court; or (ii) has held the post of Additional Secretary to the Gov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al 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. (d) A person shall not be qualified for appointment as a Judicial Member, unless he, (i) is, or has been, a Judge of a High Court; or (ii) has, for a combined period of ten years, been a District Judge and Additional District Judge; or (iii) has been an advocate for ten years with substantial experience in litigation in claim settlements pertaining to damage to life and property in Railway Claims Tribunal, High Court or Supreme Court. (e) 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 railways of not less than twenty-five years. (7) In case of Securities Appellate Tribunal under the Securities Exchange Board of India Act, 1992 (15 of 1992), a person shall not be qualified for appointment as,- (a) Presiding Officer unless he is, or has been, a Judge of the Supreme Court or a Chief Justice of a High Court; (b) Judicial Member unless ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellate Tribunal under the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), a person shall not be qualified for appointment as,- (a) Chairperson, unless he, (i) is, or has been, a Judge of Supreme Court; or (ii) is, or has been, Chief Justice of a High Court. (b) 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. (11) In case of National Company Law Appellate Tribunal under the Companies Act, 2013 (18 of 2013), a person shall not be qualified for appointment as,- (a) Chairperson unless he is, or has been, a Judge of the Supreme Court or the Chief Justice of a High Court; (b) Judicial Member unless he, (i) is, or has been, a Judge of a High Court; or (ii) is a Judicial Member of the National Company Law Tribunal for five years; or (iii) has been an advocate for ten years with substantial experience in litigation in matters relating to com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... industry, public affairs, administration or in any other matter which is useful to the Appellate Tribunal. (14) In case of Armed Forces Tribunal under the Armed Forces Act, 2007 (55 of 2007), a person shall not be qualified for appointment as,- (a) Chairperson, unless he, - (i) is, or has been, a Judge of Supreme Court; or (ii) is, or has been, a Chief Justice of a High Court. (b) Judicial Member unless he is- (i) is, or has been, a Judge of a High Court; or (ii) has, for ten years, been an advocate with substantial experience in litigation in service matters in Central Administrative Tribunal, Armed Forces Tribunal, High Court or Supreme Court. (c) Administrative Member, unless he, - (i) has held or has been holding the rank of Major General or above for a total period of three years in the Army or equivalent rank in the Navy or the Air Force; or (ii) has served for not less than one year as Judge Advocate General in the Army or the Navy or the Air Force, and is not below the rank of Major General, Commodore and Air Commodore respectively; or (iii) is a person of ability, integrity and standing having special knowledge of, and professional experience of not less than thirty years ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le for appointment and make an assessment for selection to the post of Chairperson. (4) The Committee shall make its recommendations based on the overall assessment of eligible candidates including assessment through the personal interaction after taking into account the suitability, record of past performance, integrity as well as adjudicatory experience keeping in view the requirements of the Tribunal and shall recommend a panel of two names for every post for which selection is being done in accordance with the provisions of sub - section (7) of section 3 of the Act. 5. Selection for re - appointment . (1) An application for re-appointment shall be considered in the same manner as that for the original appointment, preferably, alongwith all the persons shortlisted in response to the vacancy circular or otherwise. (2) While making its assessment for suitability to a post, the Committee shall give additional weightage to the persons seeking re-appointment for their experience in the Tribunal and while doing so, shall take into account, the performance of the person while working as a Member or a Chairman in the Tribunal. 6. Medical fitness of Chairperson and Member . No person sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nquiry shall be completed within such time or such further time as may be specified by the Central Government preferable within six months. (5) After the conclusion of the inquiry, the Committee shall submit its report to the Central Government stating therein its findings and the reasons thereof on each of the charges separately with such observations on the whole case as it may think fit. (6) The 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. CHAPTER IV SALARY AND ALLOWANCES 10. Salary . (1) The Chairperson, except for the Presiding Officer of Debts Recovery Tribunal and Presiding Officer of the Industrial Tribunal shall, be paid a salary of Rs. two lakh fifty thousand (fixed) per month. (2) The Member shall be paid a salary of Rs. two lakh twenty- five thousand per month. (3) A Presiding Officer of the Debts Recovery Tribunal or a Presiding Officer of the Industrial Tribunal constituted by the Central Government shall be paid a salary in the pay level of R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot exceeding eight days may be granted to the Chairperson or a Member in a calendar year. (3) The payment of leave salary during leave shall be governed by rule 40 of the Central Civil Services (Leave) Rules, 1972. (4) The Chairperson or Member shall be entitled to encashment of leave in respect of the earned Leave standing to his credit, subject to the condition that maximum leave encashment, including the amount received at the time of retirement from previous service shall not in any case exceed the prescribed limit under the Central Civil Service (Leave) Rules,1972. (5) Leave sanctioning authority for the- (a) Member, shall be Chairperson; (b) Chairperson of the State Administrative Tribunal or Members of State Administrative Tribunal in case of absence of Chairpersons, shall be the respective State Government; and (c) Chairperson or Member in case of absence of Chairperson, in cases other than covered in clause (b), shall be the Central Government. (6) The Central Government shall be the sanctioning authority for foreign travel to the Chairperson, or a Member. CHAPTER VI MISCELLANEOUS 15. Declaration of Financial and other Interests . The Chairperson, or Member shall, before e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ifications. eligibility, salary and other terms and conditions of the appointment of a candidate will be governed by the provisions of the Tribunal (Conditions of Service) Rules, 2021, 4. Procedure for selection : - The Search-Cum-Section Committee constituted under the Tribunal Reforms Act 2021 for recommending names for appointment to the said post shall scrutinise the applications with respect to suitability of application for the posts by giving due weightage to qualification and experience of candidates and shortlist candidates for conducting personal interaction. The final selection will be done on the basis of overall evaluation of candidates done by the Committee based on the qualification, experience and personal interaction. 5. Application Procedure :- Applications of eligible and willing officers are requested through proper channel(wherever applicable) and are accompanied with (i) bio-data in the proforma at Annexure-I (ii) Certificate to be furnished by the employer/ head of office/ forwarding authority as in Annexure-II (iii) clear photocopies of the up-to-date CR/APAR dossier of the officer containing CR/APARs of at least last five years duly attested by a Group A of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers /Finance /Accountancy /Economics /Business /Commerce /Management /Public Affairs or any other as may be applicable. Engagement with Government, if any, may be indicated. 9. Date from which drawing the pay scale in the grade of Additional Secretary/ District Judge/Additional District Judge/ Major General to the Government of India or any equivalent rank (wherever applicable). : 10. Write up on adjudicating experience of the applicant (200 words) [Wherever applicable] : 11. Experience alongwith brief write up in handling Cases before relevant Courts/Tribunals/ [if applicable] : Details of Such cases (Reported Cases/Unreported Cases) 12. Proof of Experience, including Enrolment/Registration No. As an Advocate/CA etc. [For candidates other than Govt. or Judicial officers] : 13. Annual Income along with copy of latest ITR [For Candidates other than Govt. or Judicial Officers] : 14. Write up on 05, major achievement (200 words each) : 15. Awards/honours/Publications, if any : 16. Affiliation with the professional bodies/ Institutions/societies/or any other body Including political party. : 17. Additional information, if any, which You would like to mention in support of the applicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been placed on the agreed list or list of Officer of Doubtful Integrity (if yes, details to be given): 9. Whether any allegation of misconduct Involving vigilance angle was examined against the officer during the last 10 Years and if so with what result (*): 10. Whether any punishment was awards to the officer during the last 10 years and if so, the date of imposition and details of penalty (*): 11. Is any disciplinary/ criminal proceedings or charge sheet pending against the officer as on date (if so, details to be furnished, including reference number, if any of the Commission): 12. Is any action contemplated against the Officer as on date (if so, details to be furnished (*): (*) If vigilance clearance had been obtained from the Commission in the past, the information may be provided for the period thereafter, Date: (NAME AND SIGNATURE) FORM II (See rule 17) Form of Oath of Office for Chairperson/ Member of the (Name of the Tribunal) I, A. B., having been appointed as Chairperson/ /Member of the (Name of the Tribunal do solemnly affirm/do swear in the name of God that I will faithfully and conscientiously discharge my duties as the Chairperson/ Member (Name of the Tribunal) ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
