Appellate Tribunal for foreign exchange (Recruitment, Salary & Allowances & other conditions of Service of Chairperson & Members) Rules, 2000
G.S.R. 677(E), dated 28-8-2000 - In exercise of the powers conferred by section 46
of the Foreign Exchange Management Act, 1999 (42 of 1999), the Central
Government hereby makes the following rules regulating the recruitment, salary
and allowances and other conditions of service of the person appointed as Chairperson
or Members of the Appellate Tribunal for Foreign Exchange, namely :—
(1) These
rules may be called the Appellate Tribunal for Foreign Exchange (Recruitment,
Salary and Allowances and Other Conditions of Service of Chairperson and
Members) Rules, 2000.
(2) They
shall come into force on the date of their publication in the Official Gazette.
Qualification for recruitment.
(1) A
person shall not be qualified for appointment as Chairperson or a Member
unless he :
(a) in the case of a Chairperson, is or has been or is qualified
to be a Judge of a High Court; and
(b) in the case of a Member, is or has been
or is qualified to be a District Judge.
(2) No
person—
(a) who has entered into or contracted a
marriage with a person having a spouse living; or
(b) who having a spouse living has entered into or contracted a
marriage with any person shall be eligible for appointment as the Chairperson
or a Member :
Provided
that the Central Government, if satisfied that such marriage is permissible
under 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.
(1) The
Chairperson and the Members of the Appellate Tribunal for Foreign Exchange
shall be appointed by the Central Government on the recommendation of the
Selection Board consisting of—
(a) a Judge of the Supreme Court nominated by the Minister of Law,
Justice & Company Affairs in consultation with
the
Chief Justice of India - Chairperson
(b) Secretary-in-charge of the Ministry of
the Central
Government dealing
with the Department
of Legal
Affairs - Member
(c) Secretary-in-charge of the Ministry of
the Central Government
dealing
with the Department of Personnel and Training Member
(2) The
Selection Board shall recommend persons for appointment as Chairperson or
Member of the Appellate Tribunal from amongst persons from the List of
candidates prepared by the Ministry of Law, Justice & Company Affairs,
Department of Legal Affairs after inviting applications therefor by
advertisement or on the recommendations of the appropriate authorities.
No person shall be appointed as Chairperson or a
Member unless he is declared medically fit by a Medical Board to be constituted
by the Central Government for the purpose, unless he has already been declared
fit by an equivalent authority.
The Appellate Tribunal shall have one Chairperson and
Members not exceeding four :
Provided
that the number of either full-time Members or part-time Members shall not
exceed two :
Provided further that the part-time Members shall be appointed from amongst officers
belonging to the Indian Legal Service who fulfil the qualifications prescribed
under clause (b) of sub-rule (1) of Rule 2 of these rules.
Classification.
The Chairperson or a Member of the Appellate Tribunal
for Foreign Exchange shall be a Member of the General Central Service, Group
‘A’ Gazetted, unless he is member of any other Central Civil Service or Judicial
Service.
(1) Pay of
the—
(a) the Chairperson shall be Rs. 26,000 per
month (fixed).
(b) Member shall be in the scale of Rs.
22,400-525-24,500 per month.
(2) The
pay will be fixed in accordance with the prevailing orders, i.e., pay minus
pension wherever applicable.
Terms of office of Chairperson or a
Member.
The Chairperson or Member shall hold office as such
for a term of five years from the date on which he enters upon his office or
until he attains the age of sixty five years in the case of Chairperson or the
age of sixty-two years in the case of a Member, whichever is earlier.
The date of retirement of the Chairperson or Member
shall be the date on which he attains the age of sixty-five years in the case
of Chairperson or the age of sixty-two years in the case of a Member and not
the last date of month as in the case of other Government servants.
CPF, Pension and Gratuity.
The Chairperson and Members shall be governed by the
Contributory Provident Fund Rules (India), 1962 and no option to subscribe
under General Provident Fund Rules shall be permissible. Additional pension and
Gratuity shall not be admissible for service rendered in the Tribunal.
The guidelines as laid down in OM No. 3/6/97-Estt.
(Pay II) dated 29-1-1998 of the Department of Personnel and Training shall
apply. However, if a sitting Judge of High Court is appointed as Chairperson,
he shall be eligible for allotment of general pool accommodation in accordance
with High Court Judges Rules, subject to availability.
The Chairperson or a Member of the Appellate Tribunal
for Foreign Exchange will not be eligible for re-appointment as Chairperson or
Member, as the case may be. However, a Member of the Appellate Tribunal for
Foreign Exchange would be eligible for appointment as Chairperson of the
Appellate Tribunal for Foreign Exchange. No Chairperson or Member of the
Appellate Tribunal would be eligible for re-employment under the Central
Government or any body/authority substantially financed by the Central
Government unless he has cooled off for a period of two years. Similarly, for two
years no Chairperson or Member would be eligible to take up private employment
after demitting office, without the permission of the Government in the
organisations that fell within the operational jurisdiction of the Appellate
Tribunal for Foreign Exchange.
The conditions of service of the Chairperson or
Members in respect of matters for which no provision is made in these rules
shall be the same as may for the time being be applicable to other such persons
of a corresponding status.
If any question arises as to interpretation of
these rules, it shall be referred to the Central Government for its decision.]
[K1]Substituted by the Appellate Tribunal for Foreign Exchange (Recruitment, Salary and Allowances and other Conditions of Service of Chairpersons and Members) (Amendment) Rules, 2001, w.e.f. 5-10-2001.