National Company Law Appellate Tribunal (Allowances, Salaries and other conditions and other terms of the chairperson service and other members) rules, 2014.
Short title and commencement:
- These rules may be mentioned as the National Company Law Appellate Tribunal (Allowances, Salaries and other terms and service of conditions of the Chairperson and the other members) Rules, 2014.
- They shall come into force on their Official gazette publication date .
- Unless otherwise required the context in these rules–
- a, “Act” means the Act of the companies, 2013 (18 of 2013);
- ” Appellate Tribunal ” means the National Company Law Appellate Tribunal under section 410 of the Act constituted;
- “Chairperson” means the the Appellate Tribunal Chairperson appointed under sub-section (1) of section 412 of the Act shall have the respective meanings in the Act assigned to them.
8. ” Tribunal” means constituted the National Company Law Tribunal under section 408 of the Act;
2. Words and expressions in these rules used and not defined, but in the act defined shall have the respective meanings in the Act assigned to them.
The Chairperson shall be entitled of Rs.90,000(fixed) to a monthly pay and other such allowances to an officer are as admissible to an officer in the Cabinet Secretary’s Scale of fixed RS 90,000 .
A judicial member shall be paid in the pay scale of Rs.80,000(fixed) shall be paid salary and other such allowances as are admissible in the Apex scale of Rs.80,ooo to an officer.
3, A Technical member shall be paid salary of Rs 80,000(fixed) in the paid scale and other such allowances as are admissible in the fixed Apex scale to an officer.
Provided that neither the allowances nor the salary nor the conditions and nor the other terms of the Chairperson service, Technical member and the Judicial member after their advantage shall be varied to their disadvantage after their appointment.
Further provided that in the case an appointed person as a Member or the Chairperson, as may be the case, is in the receipt of any pension, such person pay shall be by the gross amount of pension reduced, drawn by him
Pension, gratuity or provident fund:
In case of Judge of the Supreme court serving or High court, a serving Judicial Member of the Tribunal or in Government service a person is appointed to Chairperson post or Technical Member or Judicial Member, as the case may be, the rendered service in the Appellate Tribunal shall count for pension, in accordance to be drawn with person with the service rules to which he belongs, and he shall be also governed by the General Provident Fund (Central Services) Rules provisions, 1960.
In every other cases, the Members shall be governed by the Contributory Provident fund (India)Rules, 1962.
Gratuity and additional pension shall not be admissible for rendered service in the Appellate Tribunal.
Every other member and the chairperson shall be entitled to earned leave to thirty days for every year of service earned leave.
The leave payment salary during leave shall be governed by Central Civil services (Leave) Rules 1972, by rule 40.
Every other member and the chairperson shall be entitled to fifty percent of Earned leave encashment of earned leave at any time standing to their credit.
Leave Sanctioning Authority.
If it is in the case of chairperson , the authority competent for leave sanctioning shall be the Indian President and in the case of Members, the Chairperson shall be the authority of sanctioning the leave.
While on tour the Appellant tribunal chairperson while on tour within India or on transfer( including the undertaken journey to join the Tribunal or on his tenure completion to proceed with the tenure to his hometown) shall be entitled with the Tribunal of his tenure to proceed to is home town) shall be entitled to the allowance of travelling, daily allowance, personnel effects transportation and other allowance of travelling, allowance daily, personnel effects transportation and matters which are same rates as are to the admissible officer of the central government to the officer in the grade which is equivalent or scale, subject to sub-rule (3) of rule 3 subject to the first proviso.
The appellate Tribunal member while on tour within India or on transfer(including the undertaken journey to join the Appellate Tribunal or on his tenure completion to proceed with the Appellate Tribunal to his home town) shall be entitled to the allowance of travelling, daily allowances, personnel effects transportation of personnel effects and other same matters at the rates which are same as are admissible to the Central Government officer in the equivalent scale or grade, subject to the first proviso of rule 3 to the sub-rule (3).
Abroad office visits
Visit abroad office shall be undertaken by the Chairperson only in accordance with the issued orders by the Central Government and shall be entitled to such allowances to draw in accordance of such visits to the officer as are admissible to the Central Government officer in the grade equivalent or scale, the first proviso subject to sub-rule (3) of rule 3.
Official visits by the Member abroad shall be undertaken only in respect with the issued orders by the Central government in the scale or equivalent grade, subject to the first proviso of rule 3 to sub-rule (3).
Official abroad visits:
Official visits by the Chairperson in abroad only shall be undertaken in respects with the orders by the Central Government issued and they shall be entitled to such allowances to draw of such visits in respect to officer as are admissible of the Central government in the scale or equivalent grade, subject to sub-rule to the first proviso (3) of rule(3).
Official visits by the member in abroad shall be undertaken in accordance only with the issued orders by the Central Government and they shall be entitled to draw such allowances in accordance as are admissible to officer of such visits of the Central Government in the scale or in the equivalent grade, subject to sub-rule (3) of rule 3 subject to the first proviso.
Leave Travel Concession.
The Appellate Tribunal chairperson shall be entitled to Leave Travel Concession as are admissible at the same rate of the Central Government to the officer as are admissible in the equivalent scale or pay grade, subject to sub-rule (3) of rule 3.
The Appellate Tribunal members shall be entitled to Leave Travel concession as are applicable to the officers at the same rate of the Central Government in the equivalent scale or rate, subject to the first proviso to sub-rule (3 of rule 3.
Medical Treatment Facility.
Other members and the chairperson to the medical treatment shall be entitled and as provided hospital facilities in the Central Government Health scheme and at the places, where the mentioned scheme is not in operation, the chairperson and other members shall be entitled as provided to the facilities in the Central service (Medical Attendance) Rules, 1944.
The Judicial member or the Chairperson or the Technical member shall have the claiming option allowance of house rent in respect with the prescribed rates by the Central Government for Group “A” officers of equivalent scale or pay grade:
Provided that for house rent he shall not be eligible in allowance of house rent in case he is declared eligible for General Pool Residential Accommodation and occupying such a Government allotted to him accommodation.
The judicial member chairperson or the technical member to the facility shall be entitled for journeys of staff car for official and private purposes in respect with the facilities to Central Government given servants in the corresponding grade payed.
Facility of Telephone, offices meetings and expenses on entertainments:
The judicial member or the chairperson or the Technical member shall be to the eligible facility entitled for journeys of the staff car for official and purposes private in respect with the facilities provided to Central Government drawing a pay which is equivalent.
Service conditions of sitting judge of the supreme court or a High court chief justice or Tribunal a Judicial member, who was a high court judge or the Tribunal Judicial member:
Where a Supreme court judge sitting or High Court of Chief Justice or High court Judge or the Tribunal judicial member, who was a High court Judge before is appointed his appointment as the Chairperson or a Appellate member Judicial member, the conditions of the service, unless specifically in the supreme court judges shall be as contained (conditions of service) Act, 1958, or the judges of High Court Judges (service conditions) Act, 1954, may be as the case, and there under made rules shall apply to him.
Secrecy and Oath of office.
Every appointed person, Member or appointed as the Chairperson, as the case may be, shall, upon his office before entering, subscribe and make an oath of office and In Form 1 secrecy and Form II to these rules annexed.
Financial Declaration or other interest.
Every person, as the Chairperson appointment or Member, as the case may be, shall in Form III annexed to these rules give a declaration, to the Central Government satisfactions, that he does not have such other interest or financial as is likely to prejudicial affect as Chairperson his functions or Member, as may be the case.
Service other conditions.
The condition of Members of Appellate Tribunal of service in accordance of matters for which is made in these rules without provision shall be same as may, for the time being, to other employees of Government of India applicable of corresponding scale or grade.
Power to relax.
The central government shall have to relax with powers of these rules any provision in accordance to any class or persons category.