Ministry of Law, Justice and Company Affairs

 

Ministry of Law, Justice and Company Affairs

Department of Legal Affairs

 

New Delhi, the 28th August, 2000

NOTIFICATION

 

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.

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.


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.

4. Medical Fitness :

  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.

5. Composition :

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.

9. Date of Retirement :

  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.

10. 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.

 

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.

                                                                                                                                              (F.No.A-11011/1/2000-Admn.IV-LA)

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

 

 

NOTIFICATION

 

 

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

 

 

NOTIFICATION

 

 

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

 

 

NOTIFICATION

 

 

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).