Ministry of
Law, Justice and Company Affairs Department of
Legal Affairs New Delhi, the
28th August, 2000 G.S.R. – In exercise of the powers conferred by Section
46 of the Foreign Exchange Management Act, 1999, the Central Government
hereby makes the following rules regulating the recruitments and conditions
of service of the person appointed as Chairperson / Member of the Appellate
Tribunal for Foreign Exchange, namely :- 1. Short
title and commencement: (i) These rules
may be called the Appellate Tribunal for Foreign Exchange Chairperson and
Members, (Recruitment, Salary and Allowances and Other Conditions of
Service) Rules, 2000. (ii) They shall come into force on the date
of their publication in the Official Gazette. 2. Qualification
for recruitment : i) 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. ii) 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. 3. Method
of Recruitment: I. 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 :- i) a Judge of the
Supreme Court nominated by the Minister of Law, Justice and Co. Affairs in
consultation with the Chief Justice of India -
Chairperson ii) Secretary-in-charge
of the Minisry of the Central Government dealing with the Department of Legal
Affairs - Member iii) Secretary-in-charge
of the Ministry of the Central Government dealing with the Department of
Personnel & Training - Member II. The Selection Board shall recommend
persons for appointment as Chairperson or Member of Appellate Tribunal for
Foreign Exchange from amongst the persons from the list of candidates
prepared by the Ministry of Law, 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. 6. 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 a Member of any other
Central Government Civil Service or Judicial Service. 7. Pay
: i) Pay of the - a) the
Chairperson shall be Rs.26,000/-(fixed) per month b) Member
shall be in the scale of Rs.22,400-525-24,500/- per month. ii) The pay will be fixed in accordance
with the prevailing orders i.e. pay minus pension wherever applicable. 8. 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 the month as in the case of
other government servants. 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. 11. Accommodation
: The guidelines as laid down in
O.M. No. 3/6/97-Estt.(Pay-II) dated 29.1.1998 of the Department of Personnel
and Training shall applyu. 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. 12. Re-employment
: 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 organizations that fell within the
operational jurisdiction of the Appellate Tribunal for Foreign Exchange. 13. Other
conditions of service : The conditions
of service of the Chairperson or Member 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. 14. Interpretation
: If any question arises relating to
the interpretation of these rules, it shall be referred to Central Government. A.SINHA, Joint Secretary
and Legal Adviser [To Be Published In
Part-I, Section-2 of the Gazette Of India(Extraordinary)] Government Of India Ministry Of Law And
Justice Department of Legal
Affairs Shastri Bhavan, New
Delhi Dated the 17th January, 2010 F.No.A-12026/03/2009-Adm.IV(LA)
(ii): In exercise of the powers conferred by Section 24 read with
sub-section (I) of section 26 of the
Foreign Exchange Management Act, 1999 (No. 42 of 1999) the Central Government
hereby appoints senior-most Member Ms.
Vijay Laxmi, Appellate Tribunal for Foreign Exchange, to act as Chairperson, Appellate
Tribunal for Foreign Exchange, New Delhi with effect from the afternoon of 17th
January 2010 until the date on which a new Chairperson is appointed. (M.K. Sharma) Joint Secretary and
Legal Adviser to the Govt. of India To The Manager, Govt. of India Press, Mayapuri, New Delhi (to be published simultaneously along with Hindi
Verson) [To Be Published
In Part-I, Section-2 of the Gazette Of India(Extraordinary)] Government Of India Ministry Of Law And
Justice Department of Legal
Affairs Shastri Bhavan, New
Delhi Dated the 17th January, 2010 F.No.A-12026/03/2009-Adm.IV(LA)(i):
On attaining the age of retirement as
laid down in section 22 of the Foreign Exchange Management Act, 1999 (No. 42
of 1999) read with Rule 9 of the
Appellate Tribunal for Foreign Exchange (Recruitment, Salary and Allowances
and other Conditions of Service of Chairperson and Members) Rules, 2000, Shri
R.N. Poddar, Member and Acting Chairperson, Appellate Tribunal for Foreign Exchange
shall cease to hold office with effect from the afternoon of 17th January
2010. (M.K. Sharma) Joint Secretary and
Legal Adviser to the Govt. of India To The Manager, Govt. of India Press, Mayapuri, New Delhi (to be published simultaneously along with Hindi
Verson) (TO BE PUBLISHED IN
THE GAZETTE OF INDIA IN PART-I, SECTION-2 ) (WITH HINDI
VERSION) GOVERNMENT OF INDIA MINISTRY OF LAW AND
JUSTICE DEPARTMENT OF LEGAL
AFFAIRS Shastri Bhavan, New
Delhi Dated the 8th November,
2005 Kartika17, 1927 Saka F.No.A-12025/1/2003-Adm.IV(LA):
In exercise of the powers conferred by Section 20 (I) of the Foreign Exchange
Management Act, 1999 ( No. 42 of 1999), the President is pleased to appoint Km. Vijay Laxmi, an Officer of
U.P. Higer Judicial Service, as Member of the Appellate Tribunal for Foreign
Exchange in the pay scale of Rs.22,400-525-24,500/- p.m. with effect from the
forenoon of 26th October, 2005 (FN) for a period of five years or
till he attains the age of sixty two years whichever is earlier. (YASHWANT SINGH) UNDER SECRETARY TO
THE GOVT. OF INDIA To The Manager, Govt. of India Press, Faridabad (Haryana).
NOTIFICATION
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