TaxTMI 
TaxTMI 
Tribunal (Conditions of Service) Rules, 2021
X X X X Extracts X X X X
X X X X Extracts X X X X
....ss the context otherwise requires, - (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 Jud....
X X X X Extracts X X X X
X X X X Extracts X X X X
....en an advocate for ten years with substantial experience in litigation under indirect tax laws in Customs, Excise and Service Tax Appellate Tribunal, High Court or Supreme Court; (c) 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 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....
X X X X Extracts X X X X
X X X X Extracts X X X X
....le of pay which is not less than that of an Additional Secretary to the Government of India; or (iv) has, for a period of not less than three years, held office as a Judicial Member. (c) A person shall not be qualified for appointment as the Vice-Chairman (Technical), unless he, - (i) has, for a period of not less than three years, held office as a Technical Member; or (ii) 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. (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 p....
X X X X Extracts X X X X
X X X X Extracts X X X X
....t as Presiding Officer of the Debts Recovery Tribunal, unless he, is, or has been, a District Judge. (9) In case of Debts Recovery Appellate Tribunal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993), a person shall not be qualified for appointment as Chairperson, unless he, -- (a) is, or has been, a Judge of a High Court; or (b) has been a member of the Indian Legal Service with ten years of experience in litigation and has held a post of Additional Secretary or any equivalent or any higher post; or (c) has held office as the Presiding Officer of a Debts Recovery Tribunal for three years. (10) In case of Telecom Disputes Settlement and 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 econ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ss he, -- (i) is, or has been, a Judge of Supreme Court; or (ii) is, or has been, Chief Justice of a High Court. (b) 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 matters relating to power sector before Central Electricity Regulatory Commission, State Electricity Regulatory Commission, Appellate Tribunal for Electricity, High Court or Supreme Court. (c) 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 matters dealing with electricity generation, transmission, distribution, regulation, economics, business, commerce, law, finance, accountancy, management, 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 appo....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ion) in a reputed National level institution; or (ii) 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. 4. Selection for posts of Members and Chairpersons.- (1) The Committee may cause a vacancy circular to be issued through the Member-Secretary, giving details of the posts of Members proposed to be filled up, including the following- (a) number of existing and anticipated vacancies; (b) qualifications; (c) salary and allowances; (d) format for application; and (e) last date for filing of applications, in Form-I after making such modifications as may be deemed fit. (2) The Committee shall scrutinise, or cause to be scrutinised, every application received in response to the circular, against the qualifications and may shortlist such number of eligible candidates for personal interaction as it may deem fit. (3) For the post of Chairperson, the Committee may, either cause a vacancy circular to be issued and call for applications or search for suitable pers....
X X X X Extracts X X X X
X X X X Extracts X X X X
....o the Central Government, resign his office at any time: Provided that the Chairperson or Member shall, unless he is permitted by the Central Government to relinquish office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as a successor enters upon his office or until the expiry of his term of office, whichever is earlier. 9. Procedure for inquiry into complaints.- (1) Where a written complaint alleging any definite charge of misbehavior or incapacity to perform the functions of the office in respect of a Chairperson or Member is received by the Central Government, it shall make a preliminary scrutiny of such complaint. (2) Where, on preliminary scrutiny, the Central Government is of the opinion that there are reasonable grounds for making an inquiry into the truth of any misbehavior or incapacity of a Chairperson or Member, it shall make a reference to the Committee. (3) The Committee shall conduct an inquiry or cause an inquiry to be conducted by a person who is, or has been, a - (a) Judge of Supreme Court or Chief Justice of a High Court, where the inquiry is against a ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....unal and the Industrial Tribunal. 12. Transport allowance.- The Chairperson, or Member shall be entitled to the facility of staff car for journeys for official and private purposes in accordance with the facilities as are admissible to a Government of India officer holding Group 'A' post carrying the same pay as per the provisions of Staff Car Rules. CHAPTER V PENSION, PROVIDENT FUND, GRATUITY AND LEAVE 13. Pension, Provident Fund and Gratuity.- (1) In case of a serving Judge of the Supreme Court or a High Court or a Member of an organised Service appointed as the Chairperson or Member, the service in the Tribunal shall count for pension to be drawn in accordance with the rules of the service to which he belongs and he shall be governed by the provisions of the General Provident Fund (Central Services) Rules, 1960 or the Contribution Pension System, as the case may be ,and the rules for pension applicable to him. (2) In all other cases, the Member shall be governed by the provisions of the Contributory Provident Fund (India) Rules, 1962 or the Contribution Pension System, as the case may be. (3) Additional pension and gratuity shall not be admissible for s....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ained 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). 17. Oath of office and secrecy.- Every person appointed to be the Chairperson, or Member shall, before entering upon his office, make and subscribe an oath of office and secrecy in Forms II and III annexed to these rules. FORM I (See rule 4) [Format for vacancy circular including the format for application] F. No. _______________ Government of India Ministry of _______________ Department of _____________ ***** Room No. . New Delhi-110001 Dated, the __________ Vacancy Circular Subject: - Selection for the posts of Chairperson/Member in Tribunal-reg. ***** 1. Tribunal: - The ____________ (Name of the Tribunal) ____________ Tribunal is an Appellate authority established under ____________ Act____________, to hear various appeals under the ____________ Act, ____________ headquarter is situated at ____________ ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ed. Wide publicity may be given in all organizations and their field formations to facilitate early and optimum number of application. (Name of the Signing Officer) Under Secretary to the Govt. of India/Director Annexure-I PROFORMA Space for photograph duly signed by candidate 1. Name : 2. Date of Birth : 3. Category(SC/ST/OBC/UR) : 4. Designation/Profession : 5. Contact Details : Residential Official Present Permanent Address: Mobile/Phone No. Email: 6. Cadre/Service [Wherever applicable] : 7. Educational qualification (in reverse chronological order): Sl. No. Name of University/ Equivalent Institution Degree Year of passing Division/ % of marks obtained Academic Distinction Subject/ Specialization 8. Work Experience: 8A. For the experience as employee, Employment record in chro....
X X X X Extracts X X X X
X X X X Extracts X X X X
....mention in support of the application for the post. : DECLARATION 1. I certify that the foregoing information is correct and complete to the best of knowledge and belief and nothing has been concealed/distorted. If at any time I found to have concealed/distorted any material information; my appointment shall be liable to summary termination without notice. 2. I shall not withdraw my candidature after the meeting of the Selection Committee. 3. I shall not decline the appointment, if selected for appointment by the ACC. 4. I shall join within 30 days from the date of issue of order of appointment. 5. I am aware that in case I violate any of the conditions mentioned at SI.No.2 to 4, the Government of India is likely to debar me for a period of three years for consideration for appointment outside the cadre and in any Autonomous Body/Statutory Body/Regulatory Body. Place : Date: Signature of the candidate Annexure-II CERTIFICATE TO BE FURNISHED BY THE EMPLOYER/HEAD OF OFFICE/FORWARDEING AUTHOTITY 1. Certified that the particular furnished by Shri/Smt/Kum--------------------------------------------------are correct and he/she possesses ed....