MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
(Department of Legal Affairs)
New Delhi, the 28th August, 2000
G.S.R.677(E)-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. Short title and commencement:
(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.
2. 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.
3. Method of Recruitment :
(1) The Chairperson and the Members of the Appellate Tribunal or 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 and Co. 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 for amongst persons from the list of candidates prepared by the Ministry of Law, Justice and Company Affairs, Department of Legal Affairs after inviting applications therefore 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.
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 fulfill the qualifications prescribed under clause (b) of sub-rule (1) of Rule 2 of these rules.
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.
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 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 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.
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 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 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 relating to the interpretation of these rules, the decision of the Central Government shall be final.
A. SINHA, Jt. Secy. and Legal Adviser