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 ..... ighth 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 Chairman, Vice-Chair ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be, Authority is constituted or established shall be the convener 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Government of India under which the Tribunal, Appellate Tribunal or, as the case may be, Authority is constituted 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice-Chairperson, Vice-President, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve) Rules, 1972. 14. Leave sanctioning authority.-(1) Leave sanctioning authority,- (a) for the Vice-Chairman, Vice-Chairperson, Vice-President, Presiding 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce-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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal/Appellate Tribunal/Authority I, A. B., having been appointed as the Chairman/Vice-Chairman/ Chairperson/ Vice-Chairperson/ President/Vice-President/ Presiding Officer/Member of the(Name of Tribunal/Appellate Tribunal/Authority), 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 Mem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (a) he has for at least ten years held a judicial office in the territory of India; or he has been a member of the Indian Legal Service and has held a post in Grade II of the Service or any equivalent or higher post for at least three years; or (b) he has been an advocate for at least ten years; (4) A person shall not be qualified for appointment as an Accountant Member, unless, (i) he has for at least ten years been in the practice of accountancy, - (a) as a chartered accountant under the Chartered Accountants Act, 1949 (38 of 1949); or (b) as a registered accountant under any law formerly in force; or partly as such registered 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 Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Supreme Court as nominated by the Chief Justice of India- chairperson; (ii) Secretary to the Government of India, Ministry of Finance (Department of Revenue)- member; Secretary to the Government of India, Ministry of Law and Justice (Department of Legal Affairs) -member; (iii) President of the Customs, Excise and Service Tax Appellate Tribunal- member; and (iv) such other persons, not exceeding two, as the Central Government may nominate- member; (C). Search-cum-Selection Committee for the post of Technical member,- (i) Cabinet Secretary to the Government of India chairperson; (ii) Secretary to the Government of India, Ministry of Finance (Department of Revenue)- member; (iii) Secretary to the Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) member; (iv) Secretary to the Government of India, Ministry of Law (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 (Forfeit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 at least 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 at least ten years, held a judicial office in the territory of India. (b) as an Administrative Member, unless he, - (i) has, for at least 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 at least one year; or (ii) has, for at least two years, held a post of Additional Secretary to the Government of India, or any other post under the Central or State Government carrying the scale of pay which is not less than that of Additional Secretary to the Government of India at least for a period of two years: Provided that the officers belonging to the All-India services who were or are on Central deputation to a lo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and has held a post in Grade I of that Service or any higher post for at least five years; or (c) has, for at least five years, held a civil judicial post carrying a scale of pay which is not less than that of a Joint 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 at least five years, held a post under a railway administration carrying a scale of pay which is not less than that of a Joint 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, or is qualified to be, a Judge of a High Court; (b) has, for at least ten years, held a judicial office in the territory of India. (5) A person shall not be qualified for appointment as a Technical Member u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n years, in financial sectors including securities market or pension funds or commodity derivatives or insurance. (2) A Member or Part time Member of the Board or the Insurance Regulatory and Development Authority or the Pension Fund Regulatory and Development Authority, or any person at senior management level equivalent to Executive Director in the Board or in such Authorities, shall not be appointed as Presiding Officer or Member of the Securities Appellate Tribunal, during his service or tenure as such with the Board or with such Authorities, as the case may be, or within two years from the date on which he ceases to hold 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 prejudicial affect their functions as such Presiding Officer or Member. (A) The Presiding Officer and Judicial Member of the Tribunal shall be appointed by the Central Government in consultation with the Chief Justice of India or his nominee. (B) Search-cum-Selection Committee for the post of Technical Member, (i) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd has held a post in Grade I of that service; or (c) has held office as the Presiding Officer of a Debts Recovery Tribunal for at least three years. Search-cum-Selection Committee for the Chairperson of the Debts Recovery Appellate 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 Additional Secretary to the Government of India, Ministry of Finance, (Department of Financial Services)-member. Three Years Chairperson-Seventy years 10. Airport Appellate Tribunal under the Airport Authority of India Act, 1994 (55 of 1994) A person shall not be eligible for appointment as Chairperson, unless he,- (a) is, or has been, or is qualified to be, a judge of a Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his nominee-chairperson; (ii) Secretary to the Government of India, (Department of Telecommunications) - 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 Member, (i) a person to be nominated by the Central Government- chairperson; (ii) Secretary to the Government of India, (Department of Telecommunications)- 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 12. Appellate Board under the Trade Marks Act, 1999 (47 of 1999) (1) A person shall not be qualified for appointment as Chairman, unless he, - (a) is, or has been, or is qualified to be, a Judge of High Court; or (b) has, for a period of not less than three years, held office as Vice-Chairperson of the Appellate Board. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all have qualification as in (a), (b) or (d) above. (A) Search-cum-Selection for the post of the Chairman, Vice-Chairman or Judicial Member of the Appellate Board, - (i) Chief Justice of India or his nominee- chairperson; (ii) Secretary to the Government of India, (Department of Industrial Policy and Promotion) 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 Technical Member (Trade mark), Technical Member (Patent) and Technical Member (Copyright) of the Appellate Board,- (i) a person to be nominated by the Central Government -chairperson; (ii) Secretary to the Government of India, (Department of Industrial Promotion and Policy) -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 Chairman Sixty-seven years Vice-Chairman- Sixty-five years Member Sixty-five years ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich 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 Customs and Central Excise Service, who is qualified to be a Member of the Central Board of Excise and Customs; (d) Law Member from the Indian Legal Service, who is an Additional Secretary to the Government of India. (A) Search-cum Selection Committee for the post of Chairman and Vice-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 (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, (D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rofessional 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 matter which in the opinion of the Central Government, is useful to the National Consumer Disputes Redressal Commission: Provided that a person shall not be appointed as a Judicial Member, unless he,- (a) is, or has been, or is qualified to be, a Judge of a High Court; (b) has, for at least ten years, held a Judicial office in the territory of India. (A) The President shall be appointed by the Central Government after consultation with the Chief Justice of India. (B) Search-cum-Selection Committee for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istry 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 to be a Judge of Supreme Court or, (b) is or has been a Chief Justice of a High Court. (2) A person shall not be qualified for appointment as Judicial Member unless he is, or has been, a Judge of a High Court. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Government of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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