TaxTMI 
TaxTMI 
Tribunal (Conditions of Service) Rules, 2021
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....- (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 o....
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....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, 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, unles....
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....chnical 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 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 qua....
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.... 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 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 be....
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....grity 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 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....
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....ication 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 persons eligible 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 ....
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....on 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 Chairperson; or (b) Judge of a High Court, where the inquiry is against a Member. (4) The inquiry 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....
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....mber 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 service rendered in the Tribunal. 14. Leave. (1) The Chairperson or a Member shall be entitled to thirty days of earned leave for every year of service. (2) Casual Leave not 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 respe....
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....under ____________ Act____________, to hear various appeals under the ____________ Act, ____________ headquarter is situated at ____________ and its regional Benches are situated at ____________.A Member, upon selection, may be posted at any of these places. 2. Vacancy: - Applications are being invited for the following existing and ____________ anticipated vacancies: Post Place Date of Vacancy 3. Qualification:- The qualifications. 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....
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....hich is equivalent to Additional Secretary/District Judge/Additional District Judge/Major General (as applicable under the qualification) or above 8B. For the experience as Professional record in chronological order starting with present Engagement, list in reverse: Sl. No. Details of Profession Period of Service Nature of work done* From To *Such as Administration /Service matters /Judicial or Qusai-Judicial /Criminal /Civil /Taxation /Company Affairs /Environmental matters /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....
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....VIGILANCE CLEARANCE IS BEING SOUGHT (To be furnished and signed by the CVO or HOD) 1. Name of the Officer (in full) : 2. Fathers name : 3. Date of Birth : 4. Date of Retirement : 5. Date of entry into service 6. Service to which the officer belongs including batch /year/ cadre etc. , wherever applicable: 7. Positions held (During ten preceding years): S. No Organisation (name in full) Designation & Place of Posting Administrative/ Nodal Ministry/ Department concerned (in case of officers of PSUs etc.) From To 8. Whether the officer 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 ....