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TMI BlogNotification Regarding Delhi VAT Appellate Tribunal Rules-2009X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of service of Members) Rules-2009. (2) They shall come into force on the date of notification. 2. Definition (1) In these rules, unless the context other wise requires - (a) 'Act' means the Delhi Value Added Tax Act, 2004 (Delhi Act 3 of 2005); (b) "Administrative Member" means a member of the Tribunal, who is appointed on the basis of qualifications prescribed in clause (a) or clause (b) of sub-rule (1) of rule 3. (c) "Form" means a form appended to these rules; (d) "Judicial Member" means a member of Tribunal, who is appointed on the basis of qualifications prescribed in clauses (a) or (b) or (c) of sub-rule (2) of rule 3; (e) "Lieutenant Governor" means the Lt. Governor of the National Capital Territory of Delhi appointed by the President under Article 239 read with Article 239-AA of the Constitution of India; (f) "rules" means rules made under section 73 of the Act; (g) "Tribunal" means the Appellate Tribunal defined in clause (c) of section 2 of the Act. (2).The words "section" and "sub-section" respectively mean the relevant section or subsection in the Act; and the words "sub-rule" means a sub-rule of a rule of these rules. 3. Qualifications (1) Subje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the personal law applicable to such person and the other party to the marriage and there are other grounds for so doing exempt any person from the operation of this rule. (2) No person shall be eligible for being appointed as a member if he is less than forty years of age as on the last date for receipt of applications specified in the advertisement referred to in sub-rule (2) of rule 7. 5. Condition for appointment as a Member on Deputation basis. Every person, who is a member of Judicial Service or is in Service under the Central Government or State Government or Government of a Union Territory and who fulfills the requisite qualification under rule-3 shall be eligible for appointment on deputation basis. Terms and conditions of appointment on deputation basis including pay & allowances, pension, leave and other benefits etc. will be decided by the Government. 6. Term of Office: Every person appointed as a Member of the Tribunal shall hold office for a term of three years from the date on which he enters upon his office, but shall be eligible for reappointment for another term of three years, provided that no such person shall hold office as member of the Tribunal after he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nted as a member shall be on probation for one year. (2) The Lieutenant Governor may in case of any person appointed on probation, extend or reduce the period of probation in consultation with the Selection Committee constituted vide sub-rule (1) of rule 7. (3) At any time during the period of probation and without any reasons being assigned such a person appointed on probation may be discharged from service as a member. 11. Seniority and Chairman : (1) The inter-se-seniority of persons appointed as members shall be determined in accordance with the length of service in the pay structure of PB-4 Rs. 37,400-67000+10000 (Grade Pay). A person, whose length of service in the pay scale is more than another, shall be reckoned as senior. (2) The senior most mmber shall be appointed as Chairman: Provided that during the tenure of any member appointed as Chairman, no other member shall be appointed as Chairman. 12. Resignation and Removal/Repatriation: (1) A member of the Tribunal may, by notice in writing under his hand addressed to the Lieutenant Governor, resign his office: Provided that, unless he is permitted by the Lieutenant Governor to relinquish his office sooner, he shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owed under clause (i) of the first proviso shall not exceed three. Provided also that in allowing advance increments under clause (i) of the proviso, part of any year below six months shall be ignored. (iii) The officer appointed on deputation shall be given an option either to fix his pay in the pay scale of the post of Member or to draw his pay in his own pay scale plus deputation duty allowance as prescribed in FRSR. 14. Allowances Every Member shall receive allowances appropriate to his pay at the rates admissible to a Group 'A' officer of the Central Government drawing pay in the pay structure of PB-4 Rs. 37,400-67000+10000 (Grade Pay). 15. Leave (1) A person, on appointment in the Tribunal as a member shall be entitled to- (i) earned leave at the rate of fifteen days for every completed calendar year of service; (ii) half pay leave on medical certificate or on private affairs at the rate of twenty days in respect of each completed year of service and the leave salary for half pay leave shall be equivalent to half of the leave salary admissible during the earned leave. (iii) Leave on half pay can be commuted to full pay leave at the discretion of the member provided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ia. 21. Accommodation. (1) Every member of the Tribunal shall be entitled to the use of an official residence from the General Pool accommodation of the Directorate of Estate or from the Government pool of the type admissible to an officer of the rank of a Joint Secretary to the Government of India stationed at Delhi on payment of the license fee at the rates prescribed by the Central Government from time to time. (2) When a member is not provided with or does not avail himself of the accommodation referred to in sub-rule (1), he may be paid every month an allowance of an amount equal to thirty percent of his pay band plus grade pay. (3) Where a member occupies an official residence beyond the permissible period he shall be liable to pay additional licence fee or penal rent, as the case may be, and liable to eviction in accordance with the rules applicable to a Joint Secretary to the Government of India. 22. Facility of Conveyance. Every member of the Tribunal shall be entitled to a facility of staff car for journeys for official and private purposes in accordance with the Staff Car - Rules of the Government of India. 23. Facility for Medical Treatment. Every member of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I, AB, having been appointed as Member, Delhi Value Added Tax Appellate Tribunal, 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 Member, Delhi Value Added Tax, Appellate Tribunal, except as may be required for the due discharge of my duties as such Member. No. F. 3(32)/Fin. (T&E)/2008-09/ Jsfin/110 Dated 04/03/2009 Copy forwarded for information and necessary action to: 1 The Principal Secretary, G.A.D., Govt. of NCT of Delhi, Delhi Secretariat, I.P. Estate, New Delhi with one spare copy for its publication in the Delhi Gazette Part-IV (extraordinary) in today's date. 2 The O.S.D. to L.G., Raj Niwas, Delhi. 3 The Secretary to Finance Minister, Govt. of NCT of Delhi, Delhi Secretariat, New Delhi 4 The O.S.D. to the Chief Secretary, Govt. of NCT of Delhi. 5 The Principal Secretary (Law & Judicial) Govt. of NCT of Delhi, Delhi Secretariat, I.P. Estate, New Delhi. 6 The Principal Secretary (Services), Govt. of NCT of Delhi, Delhi Secretariat, I.P. Estate, New Delhi. 7 The Commissioner, Trade & Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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