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Bill No.VII of 2014 THE TRIBUNALS, APPELLATE TRIBUNALS AND OTHER
AUTHORITIES A BILL to provide for uniform conditions of service of the Chairman and Members, by whatever name called, of certain Tribunals, Appellate Tribunals and other authorities and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:– CHAPTER I PRELIMINARY (Short title and commencement.) 1. (1) This Act may be called the Tribunals, Appellate Tribunals and Other Authorities (Conditions of Service) Act, 2014. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. 2. In this Act, unless the context otherwise requires,–(Definitions.)
CHAPTER II CONDITIONS OF SERVICE 3. Notwithstanding anything to the contrary contained in the provisions of the specified Acts, the provisions of this Act shall apply to the Chairman and Members appointed under the specified Acts: (Application of Act.)
4. The Chairman and every other Member shall hold office as such for a term of five years from the date on which he enters upon his office and shall be eligible for reappointment for another term: (Term of office.)
5. A person who, immediately before the date of assuming office as the Chairman or, as the case may be, a Member, was in service of the Government, shall be deemed to have retired from service on the date on which he enters upon his office as such Chairman or Member. (Chairman and Members deemed to retire from service.) (Suspension of pension.) 6. If a person who, immediately before the date of assuming office as the Chairman or other Member, as the case may be, was in receipt of, or being eligible so to do, has opted to draw, a pension, other than a disability or wound pension, in respect of any previous service under the Government, his salary in respect of service as the Chairman or other Member, as the case may be, shall be reduced–
(Prohibition of acting as arbitrator.) 7. No person while holding office as the Chairman or Member shall act as an arbitrator in any matter:
(Prohibition of practice.) 8. On ceasing to hold office, the Chairman or a Member, as the case may be, shall not appear, act or plead before the Tribunal, Appellate Tribunal, Board, Commission or Authority of which he has been such Chairman or Member. (Allowances of Chairman and Members.) 9. Notwithstanding anything contained in section 3, the Chairman and Members shall be entitled to the allowances specified in the Second Schedule and travelling allowance specified in the Third Schedule. (Medical facilities.) 10. The Chairman or Member who is not a sitting or retired Judge or a retired Central Government servant shall also be eligible to avail the benefit of Central Government Health Scheme for the duration of his tenure as Chairman or Member of such bodies. (Oath of office and secrecy.) 11. The Chairman or Member shall, before entering upon his office, make and subscribe to an oath of office and secrecy in the form specified in the Fourth Schedule. (Declaration of financial and other interests.) 12. The Chairman and Member shall, before entering upon his office, declare his assets and liabilities and financial and other interests. (Power to amend Schedules.) 13. (1) If the Central Government is satisfied that it is necessary or expedient so to do, it may by notification published in the Official Gazette, amend the Schedule and thereupon the Schedule shall be deemed to have been amended accordingly:
(2) A copy of every notification issued under sub-section (1) shall be laid before each House of Parliament as soon as may be after it is issued. CHAPTER III LEAVE (Kinds of leave admissible.) 14. (1) Subject to the provisions of this Act, leave granted to a Chairman or Member may be at his option either,-
(2) For the purposes of this Chapter, any period of leave on full allowance shall be reckoned as double that period of leave on half allowance. 15. (1) A leave account shall be kept showing therein the amount of leave due to the Chairman or Member in terms of leave on half allowance. (Leave account.)
Explanation.-For the purposes of this section the expression "actual service" shall include-
16. A Chairman or Member shall be entitled in his entire service including the period of service rendered in a pensionable post under the Union or State or on re-employment, if any, to claim the cash equivalent of leave salary on full allowances on his retirement in respect of the period of earned leave at his credit to the extent of maximum period of three hundred days. (Leave encashment.) 17. Leave on half allowances, not exceeding more than six months, may be granted in excess of the amount at his credit during the whole period of his service: (Leave not due.) Provided that no such leave shall be granted if he is not expected to return to duty at the end of such leave and earned leave so granted. 18. Extraordinary leave may be granted for a period not exceeding six months, during the whole period of his service in excess of any leave permissible under the provisions of this Chapter, but no salary or allowances shall be payable during, or in respect of, such leave. (Extraordinary leave.) 19. Casual leave not exceeding fourteen days may be granted in a calendar year. (Casual leave.) 20. (1) Leave sanctioning authority for Members shall be Chairman and for Chairman, it shall be the Minister of the concerned Ministry, who will also be the sanctioning authority for Members, in case of absence of Chairman. (Sanctioning authority for leave and foreign travel.) (2) Sanctioning authority for foreign travel shall be the Minister of the concerned Ministry. FIRST SCHEDULE [See section 2 (a), (b), (c), (e), (g) and (i)]
SECOND SCHEDULE [See section 9] ALLOWANCES OF CHAIRMAN AND MEMBERS OF TRIBUNALS, ETC.
THIRD SCHEDULE [See section 9] TRAVELLING ALLOWANCE OF CHAIRMAN AND MEMBERS OF TRIBUNALS, ETC.
FOURTH SCHEDULE [See section 11] FORM OF OATH OF OFFICE AND SECRECY "I, ___, having been appointed as the Chairman/ Member (strike out which is not applicable) do solemnly affirm and do swear in the name of God that I will faithfully and conscientiously discharge my duties as the Chairman/Member (strike out which is not applicable), of the Tribunal, Appellate Tribunal, Board, Commission or Authority (strike out which is not applicable) namely _____, to the best of my ability, knowledge and judgment without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws of the land. Dated: (Signatures and name of the Chairman/Member) STATEMENT OF OBJECTS AND REASONS The question of having uniform service conditions of the Chairpersons and Members of the various Tribunals at the national level has been engaging attention of the Government for quite some time. Recently, the Supreme Court, in the case of Rajiv Garg vs. Union of India (Civil Writ Petition No. 120/2012), has also passed an order that decision in this regard may be taken at the highest level. 2. The Government considered all issues relating to uniform service conditions particularly with regard to retirement age, tenure of appointment, re-appointment and provisions concerning residential and office accommodation for Tribunals, Appellate Tribunals and other Authorities performing quasi-judicial functions manned by the sitting or retired Judges of the Supreme Court or High Courts and also the ones manned by persons who are not the sitting or retired Judges of the Supreme Court and High Courts keeping in view all related aspects including the issues that have arisen in different cases before the Supreme Court and functions entrusted to such bodies. 3. The Bill seeks to achieve the above objects. NEW DELHI; KAPIL SIBAL FINANCIAL MEMORANDUM Clause 9 of the Bill provides that the Chairman and Members shall be entitled to the allowances specified in the Second Schedule and travelling allowance specified in the Third Schedule. The total recurring annual expenditure towards the allowances of the Chairman and Members is estimated at rupees 3 crore. The administrative Ministries or Departments bear the expenditure in respect of the Tribunals, etc., under their control. 2. The Bill does not involve any other recurring or non-recurring expenditure. RAJYA SABHA A BILL to provide for uniform conditions of service of the Chairman and Members, by whatever name called, of certain Tribunals, Appellate Tribunals and other authorities and for matters connected therewith or incidental thereto. Shri Kapil Sibal |