FEMA, Appellate Tribunal for Foreign Exchange (Recruitment Salary Allowances Other conditions) Rules 2000.
G.S.R. 677(E), dated 28-8-2000
Short title and commencement
Qualification for recruitment
Method of Recruitment
Medical Fitness
Composition
Classification
Pay
Terms of office of
Chairperson or a Member
Date of Retirement
CPF, Pension and Gratuity
Accommodation
Re-employment
Other Conditions of Service
Interpretation
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 :—
Short title and commencement.
-
- 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.
- They shall come into force on the date of their publication in the
Official Gazette.
Qualification for recruitment.
-
- A person shall not be qualified for appointment as Chairperson or
a Member unless he :
- in the case of a Chairperson, is or has been or is qualified to be a
Judge of a High Court; and
- in the case of a Member, is or has been or is qualified to be a
District Judge.
- No person—
- who has entered into or contracted a marriage with a person having a
spouse living; or
- 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.
Method of Recruitment.
-
- 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 Judge of the Supreme Court nominated by the Minister of Law,
Justice & Co. Affairs in consultation with the Chief Justice of India -
Chairperson
- 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.
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.
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.
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.
Pay.
-
- Pay of the—
- the Chairperson shall be Rs. 26,000 per month (fixed).
- Member shall be in the scale of Rs. 22,400-525-24,500 per month.
- 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.
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.
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.
Accommodation.
-
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.
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 organisations that fell within the
operational jurisdiction of the Appellate Tribunal for Foreign Exchange.
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.
Interpretation.
-
If any question arises as to interpretation of these rules, it shall
be referred to the Central Government for its decision.