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      • 1. Short title and commencement.
      • 2. Incometax.
      • 3. Amendment of section 2.
      • 4. Amendment of section 9.
      • 5. Amendment of section 9A.
      • 6. Amendment of section 10.
      • 7. Amendment of section 10AA.
      • 8. Amendment of section 11.
      • 9. Amendment of section 12A.
      • 10. Amendment of section 12AA.
      • 11. Amendment of section 13A.
      • 12. Amendment of section 23.
      • 13. Amendment of section 35AD.
      • 14. Amendment of section 36.
      • 15. Amendment of section 40A.
      • 16. Amendment of section 43.
      • 17. Amendment of section 43B.
      • 18. Amendment of section 43D.
      • 19. Amendment of section 44AA.
      • 20. Amendment of section 44AB.
      • 21. Amendment of section 44AD.
      • 22. Amendment of section 45.
      • 23. Amendment of section 47.
      • 24. Amendment of section 48.
      • 25. Amendment of section 49.
      • 26. Insertion of new section 50CA.
      • 27. Amendment of section 54EC.
      • 28. Amendment of section 55.
      • 29. Amendment of section 56.
      • 30. Amendment of section 58.
      • 31. Amendment of section 71.
      • 32. Substitution of new section for section 79.
      • 33. Amendment of section 80CCD.
      • 34. Amendment of section 80CCG.
      • 35. Amendment of section 80G.
      • 36. Amendment of section 80IAC.
      • 37. Amendment of section 80IBA.
      • 38. Amendment of section 87A.
      • 39. Amendment of section 90.
      • 40. Amendment of section 90A.
      • 41. Amendment of section 92BA.
      • 42. Insertion of new section 92CE.
      • 43. Insertion of new section 94B.
      • 44. Amendment of section 115BBDA.
      • 45. Insertion of new section 115 BBG.
      • 46. Amendment of section 115JAA.
      • 47. Amendment of section 115JB.
      • 48. Amendment of section 115JD.
      • 49. Amendment of section 119.
      • 50. Amendment of section 132.
      • 51. Amendment of section 132A.
      • 52. Amendment of section 133.
      • 53. Amendment of section 133A.
      • 54. Amendment of section 133C.
      • 55. Amendment of section 139.
      • 56. Insertion of new section 139AA.
      • 57. Amendment of section 140A.
      • 58. Amendment of section 143.
      • 59. Amendment of section 153.
      • 60. Amendment of section 153A.
      • 61. Amendment of section 153B.
      • 62. Amendment of section 153C.
      • 63. Amendment of section 155.
      • 64. Insertion of new section 194IB.
      • 65. Insertion of new section 194IC.
      • 66. Amendment of section 194J.
      • 67. Amendment of section 194LA.
      • 68. Amendment of section 194LC.
      • 69. Amendment of section 194LD.
      • 70. Amendment of section 197A.
      • 71. Amendment of section 204.
      • 72. Amendment of section 206C.
      • 73. Insertion of new section 206CC.
      • 74. Amendment of section 211.
      • 75. Amendment of section 234C.
      • 76. Insertion of new section 234F.
      • 77. Insertion of new section 241A.
      • 78. Amendment of section 244A.
      • 79. Amendment of section 245A.
      • 80. Amendment of section 245N.
      • 81. Amendment of section 245O.
      • 82. Amendment of section 245Q.
      • 83. Amendment of section 253.
      • 84. Insertion of new section 269ST.
      • 85. Insertion of new section 271DA.
      • 86. Amendment of section 271F.
      • 87. Insertion of new section 271J.
      • 88. Amendment of section 273B.
      • 89. Amendment of section 2.
      • 90. Amendment of section 7.
      • 91. Amendment of section 17.
      • 92. Amendment of section 27.
      • 93. Amendment of section 28E.
      • 94. Substitution of new section for section 28F.
      • 95. Omission of section 28G.
      • 96. Amendment of section 28H.
      • 97. Amendment of section 28I.
      • 98. Insertion of new section 30A.
      • 99. Insertion of new section 41A.
      • 100. Amendment of section 46.
      • 101. Amendment of section 47.
      • 102. Substitution of new section for section 49.
      • 103. Amendment of section 69.
      • 104. Omission of section 82.
      • 105. Amendment of section 84.
      • 106. Amendment of section 127B.
      • 107. Amendment of section 127C.
      • 108. Amendment of section 157.
      • 109. Amendment of section 9.
      • 110. Amendment of First Schedule.
      • 111. Amendment of Second Schedule.
      • 112. Amendment of section 23A.
      • 113. Omission of section 23B.
      • 114. Amendment of section 23C.
      • 115. Amendment of section 23D.
      • 116. Insertion of new section 23I.
      • 117. Amendment of section 32E.
      • 118. Amendment of section 32F.
      • 119. Amendment of First Schedule.
      • 120. Retrospective amendment of certain entries in First Schedule.
      • 121. Amendment of section 65B.
      • 122. Amendment of section 66D.
      • 123. Amendment of section 96A.
      • 124. Omission of section 96B.
      • 125. Amendment of section 96C.
      • 126. Amendment of section 96D.
      • 127. Insertion of new section 96HA.
      • 128. Insertion of new sections 104 and 105.
      • 129. Amendment of rule 2A of Service Tax (Determination of Value) Rules, 2006, retrospectively.
      • 130. Commencement of this Part.
      • 131. Amendment of section 20 of Act 2 of 1882.
      • 132. Commencement of this Part.
      • 133. Amendment of section 7 of Act 6 of 1898.
      • 134. Commencement of this Part.
      • 135. Amendment of section 31 of Act 2 of 1934.
      • 136. Commencement of this Part.
      • 137. Amendment of section 29C of Act 43 of 1951.
      • 138. Amendment of section 23J.
      • 139. Commencement of this Part.
      • 140. Amendment of section 18 of Act 47 of 1974.
      • 141. Commencement of this Part.
      • 142. Repeal of Act 32 of 1986, Savings.
      • 143. Savings.
      • 144. Collection and payment of arrears of duties.
      • 145. Commencement of this Part.
      • 146. Amendment of Act 15 of 1992.
      • 147. Amendment of section 15J.
      • 148. Amendment of Chapter VIB.
      • 149. Amendment of section 19I.
      • 150. Amendment of Act 18 of 2005.
      • 151. Commencement of this Part.
      • 152. Amendment of Act 51 of 2007.
      • 153. Amendment of section 38.
      • 154. Amendment of section 182.
      • 155. Amendment of Act 28 of 2016.
      • 156. Commencement of this Part.
      • 157. Definitions.
      • 158. Amendment of Act 14 of 1947.
      • 159. Amendment of Act 19 of 1952.
      • 160. Amendment of Act 14 of 1957.
      • 161. Amendment of Act 47 of 1999.
      • 162. Amendment of Act 54 of 1987.
      • 163. Amendment of Act 24 of 1989.
      • 164. Amendment of Act 13 of 1976.
      • 165. Amendment of Act 42 of 1999.
      • 166. Amendment of Act 55 of 1994.
      • 167. Amendment of Act 13 of 2003.
      • 168. Amendment of Act 24 of 1997.
      • 169. Amendment of Act 21 of 2000.
      • 170. Amendment of Act 27 of 2008.
      • 171. Amendment of Act 12 of 2003.
      • 172. Amendment of Act 18 of 2013.
      • 173. Amendment of Act 37 of 1952.
      • 174. Amendment of Act 43 of 1961.
      • 175. Amendment of Act 52 of 1962.
      • 176. Amendment of Act 13 of 1985.
      • 177. Amendment of Act 68 of 1986.
      • 178. Amendment of Act 15 of 1992.
      • 179. Amendment of Act 51 of 1993.
      • 180. Amendment of Act 36 of 2003.
      • 181. Amendment of Act 55 of 2007.
      • 182. Amendment of Act 19 of 2010.
      • 183. Application of section 184.
      • 184. Qualifications, appointment, term and conditions of service, salary and allowances, etc., of Chairperson, ViceChairperson and Members, etc., of the Tribunal, Appellate Tribunal and other Authorities.
      • 185. Transitional provisions.
      • 186. General Power to make rules.
      • 187. Power to amend Eighth Schedule.
      • 188. Rules to be laid before Parliament.
      • 189. Removal of difficulties.
      • 1. Short title, commencement and application.
      • 2. Definitions.
      • 3. Qualifications for appointment of Member.
      • 4. Method of recruitment.
      • 5. Medical fitness.
      • 6. Resignation by a Member.
      • 7. Removal of Member from office.
      • 8. Procedure for inquiry of misbehavior or incapacity of the Member.
      • 9. Term of office of Member.
      • 10. Casual vacancy.
      • 11. Salary and allowances.
      • 12. Pension, Gratuity and Provident Fund.
      • 13. Leave.
      • 14. Leave sanctioning authority.
      • 15. House rent allowance.
      • 16. Transport allowance.
      • 17. Declaration of Financial and other Interests.
      • 18. Other conditions of service.
      • 19. Oaths of office and secrecy.
      • 20. Power to relax.
      • 21. Interpretation.
      • 22. Saving.
      • 1. Short title, commencement and application.
      • 2. Definitions.
      • 3. Qualifications for appointment of Member.
      • 4.
      • 5. Medical fitness.
      • 6. Resignation by a Member.
      • 7.
      • 8. Procedure for inquiry of misbehavior or incapacity of the Member.
      • 9.
      • 10. Casual vacancy.
      • 11. Salary and allowances.
      • 12. Pension, Gratuity and Provident Fund.
      • 13. Leave.
      • 14. Leave sanctioning authority.
      • 15. House rent allowance.
      • 16. Transport allowance.
      • 17. Declaration of Financial and other Interests.
      • 18. Other conditions of service.
      • 19. Oath of office and secrecy.

Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020

Published vide Notification No. G.S.R. 109(E), dated 12.2.2020

Last Updated 1st July, 2021 [act3576]

G.S.R. 109(E). - In exercise of the powers conferred by section 184 of the Finance Act, 2017 (7 of 2017) , the Central Government hereby makes the following rules, namely:-

1. Short title, commencement and application. - (1) These rules may be called the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020.

(2) They shall come into force on the date of their publication in the Official Gazette.

(3) These rules shall apply to the Chairman, Vice-Chairman, Chairperson, Vice- Chairperson, President, Vice- President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member, Member of the Tribunal, Appellate Tribunal or, as the case may be, Authority as specified in column (2) of the Eighth Schedule of the Finance Act, 2017 (7 of 2017).

2. Definitions. - In these rules, unless the context otherwise requires, -

(a) "Act" means an Act specified in column (3) of the Eighth Schedule of the Finance Act, 2017(7 of 2017);

(b) "Accountant Member", "Administrative Member", "Judicial Member", "Expert Member", "Law Member", "Revenue Member" or "Technical Member" means the Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member or Technical Member of the Tribunal, Appellate Tribunal or, as the case may be, Authority appointed under the corresponding provisions of the Act;

(c) "Appellate Tribunal", "Authority" or "Tribunal" has the same meaning as assigned to it in the corresponding provisions of the Act;

(d) "Chairman" or "Chairperson" or "President" means the Chairman, Chairperson or President of the Tribunal, Appellate Tribunal or, as the case may be, Authority appointed under the corresponding provisions of the Act;

(e) "Member" means the Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member or Technical Member and includes the Chairman, Vice-Chairman, Chairperson, Vice-Chairperson, Presiding Officer of the Security Appellate Tribunal, President or, as the case may be, Vice- President;

(f) "Presiding Officer" means the Presiding Officer of the Security Appellate Tribunal appointed under section 15L of the Securities and Exchange Board of India Act, 1992 (15 of 1992), Presiding Officer of the Debts Recovery Tribunal appointed under sub-section (1) of section 4 of the Recovery of Debts due to Banks and Financial Institutions Act 1993, (51 of 1993) and Presiding Officer of the Industrial Tribunal appointed by the Central Government under sub-section (1) of section 7A of the Industrial Disputes Act,1947 (14 of 1947);

[(g) "Search-cum-Selection Committee" means the Search-cum-Selection Committee referred to in sub-section (3) of section 184 of the Finance Act, 2017 (Act 7 of 2017);]

(h) "Vice-Chairman" or "Vice-Chairperson" or "Vice-President" means the Vice-Chairman, the Vice-Chairperson or Vice-President of the Tribunal, Appellate Tribunal or, as the case may be, Authority;

(i) words and expressions used herein and not defined but defined in the Act shall have the same meanings respectively assigned to them in the respective Acts.

3. Qualifications for appointment of Member. - The qualification for appointment of the Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice-President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member of the Tribunal, Appellate Tribunal or, as the case may be, Authority shall be such as specified in column (3) of the Schedule annexed to these rules.

[4. ***]

OLD LAW ▼

4. Method of recruitment. - (1) The Chairman, Chairperson, President, Vice-Chairman, Vice-Chairperson, Vice- President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member of the Tribunal, Appellate Tribunal or, as the case may be, Authority shall be appointed by the Central Government on the recommendation of a Search-cum-Selection Committee constituted for the Tribunal, appellate Tribunal or, as the case may be, Authority specified in column (4) of the said Schedule in respect of the Tribunal, Appellate Tribunal or as the case may be, Authority specified in column (2) of the said Schedule.

(2) The Search-cum-Selection Committee shall determine its procedure for making its recommendation and, after taking into account the suitability, record of past performance, integrity as well as adjudicatory experience keeping in view the requirements of the Tribunal, Appellate Tribunal or, as the case may be, Authority, recommend a panel of two or three persons for appointment to each post.

(3) No appointment of Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice-President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member of the Tribunal, Appellate Tribunal or Authorities shall be invalid merely by reason of any vacancy or absence in the Searchcum-Selection Committee.

(4) Nothing in this rule shall apply to the appointment of Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice- President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member of the Tribunal, Appellate Tribunal or, as the case may be, Authority functioning as such immediately before the commencement of these rules.

5. Medical fitness. - No person shall be appointed as the Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice- President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member of the Tribunal, Appellate Tribunal or Authority, or as the case may be unless he is declared medically fit by an authority specified by the Central Government in this behalf.

6. Resignation by a Member. - A Member may, by writing under his hand addressed to the Central Government, resign his office at any time:

Provided that the Member shall, unless he is permitted by the Central Government to relinquish office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as a successor enters upon his office or until the expiry of his term of office, whichever is earlier.

[7. ***]

OLD LAW ▼

7. Removal of Member from office. - The Central Government shall, on the recommendation of a Search-cum-Selection Committee, remove from office any Member, who -

(a) has been adjudged as an insolvent; or

(b) has been convicted of an offence which, involves moral turpitude; or

(c) has become physically or mentally incapable of acting as such a Member; or

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or

(e) has so abused his position as to render his continuance in office prejudicial to the public interest:

Provided that where a Member is proposed to be removed on any ground specified in clauses (b) to (e), he shall be informed of the charges against him and given an opportunity of being heard in respect of those charges.

8. Procedure for inquiry of misbehavior or incapacity of the Member. - (1) If a written complaint received by the Central Government, alleging any definite charge of misbehavior or incapacity to perform the functions of the office in respect of a Chairman, Vice-Chairman, Chairperson, Vice-Chairperson, President, Vice-President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member, it shall make a preliminary scrutiny of such complaint.

(2) If on preliminary scrutiny, the Central Government is of the opinion that there are reasonable grounds for making an inquiry into the truth of any misbehavior or incapacity of a Chairman, Vice-Chairman, Chairperson, Vice-Chairperson, President, Vice-President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member, it shall make a reference to the Search-Cum-Selection Committee to conduct the inquiry.

(3) The Search-Cum-Selection Committee shall complete the inquiry within such time or such further time as may be specified by the Central Government.

(4) After the conclusion of the inquiry, the Search-Cum-Selection Committee shall submit its report to the Central Government stating therein its findings and the reasons therefor on each of the charges separately with such observations on the whole case as it may think fit.

(5) The Search-Cum-Selection Committee shall not be bound by the procedure laid down by the Code of Civil Procedure,1908 (5 of 1908) but shall be guided by the principles of natural justice and shall have power to regulate its own procedure, including the fixing of date, place and time of its inquiry.

[9. ***]

OLD LAW ▼

9. Term of office of Member. - (1) The Chairman, Chairperson or President shall hold office for a term of four years or till he attains the age of seventy years, whichever is earlier.

(2) The Vice-Chairman, Vice-Chairperson, Vice President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or, as the case may be, Member shall hold office for a term of four years or till he attains the age of sixty-five years, whichever is earlier.

10. Casual vacancy. - (1) In case of a casual vacancy in the office of, -

(a) the Chairman, Chairperson, President, or Presiding Officer of the Security Appellate Tribunal, the Central Government shall have the power to appoint the senior most Vice-Chairperson or Vice-Chairman, Vice-President or in his absence, one of the Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member, or Member of the Tribunal, Appellate Tribunal or, as the case may be, Authority to officiate as Chairperson, Chairman, President or Presiding Officer.

(b) the Chairperson of the Debts Recovery Appellate Tribunal, the Central Government shall have power to appoint the Chairperson of another Debts Recovery Appellate Tribunal to officiate as Chairperson and in case of a casual vacancy in the office of the Presiding Officer of the Debts Recovery Tribunal, the Chairperson of the Debts Recovery Appellate Tribunal shall have power to appoint the Presiding Officer of another Debts Recovery Appellate Tribunal to officiate as Presiding Officer.

11. Salary and allowances. - (1) The Chairman, Chairperson or President of the Tribunal, Appellate Tribunal or, as the case may be, Authority or the Presiding Officer of the Security Appellate Tribunal shall be paid a salary of Rs. 2,50,000 (fixed) and other allowances and benefits as are admissible to a Central Government officer holding posts carrying the same pay.

(2) The Vice-Chairman, Vice-Chairperson, Vice-President, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or, as the case may be, Member shall be paid a salary of Rs. 2,25,000 and shall be entitled to draw allowances as are admissible to a Government of India officer holding Group 'A' post carrying the same pay.

(3) A Presiding Officer of the Debts Recovery Tribunal or a Presiding Officer of the Industrial Tribunal constituted by the Central Government shall be paid a salary of Rs.1,44,200 - 2,18,200 and shall be entitled to draw allowances as are admissible to a Government of India officer holding Group 'A' post carrying the same pay.

(4) In case of a person appointed as the Chairman, Chairperson, President, Vice-Chairman, Vice-Chairperson, Vice President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member, as the case may be, is in receipt of any pension, the pay of such person shall be reduced by the gross amount of pension drawn by him.

12. Pension, Gratuity and Provident Fund. - (1) In case of a serving Judge of the Supreme Court or a High Court or a Judicial Member of the Tribunal or a member of the Indian Legal Service or a member of an organised Service appointed to the post of the Chairperson, Chairman, President or Presiding Officer of the Security Appellate Tribunal , the service rendered in the Tribunal, Appellate Tribunal or, as the case may be, Authority shall count for pension to be drawn in accordance with the rules of the service to which he belongs and he shall be governed by the provisions of the General Provident Fund (Central Services) Rules, 1960 and the rules for pension applicable to him.

(2) In all other cases, the Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member shall be governed by the provisions of the Contributory Provident Fund (India) Rules,1962 and the Contribution Pension System.

(3) Additional pension and gratuity shall not be admissible for service rendered in the Tribunal, Appellate Tribunal or, as the case may be, Authority.

13. Leave. - (1) The Chairman, Chairperson, President, Vice-Chairman, Vice-Chairperson, Vice-President, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member, Presiding Officer or a Member shall be entitled to thirty days of earned Leave for every year of service.

(2) Casual Leave not exceeding eight days may be granted to the Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice President, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, or Technical Member, Presiding Officer or a Member in a calendar year.

(3) The payment of leave salary during leave shall be governed by rule 40 of the Central Civil Services (Leave) Rules, 1972.

(4) The Chairman, Chairperson, President, Vice-Chairman, Vice-Chairperson, Vice President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member shall be entitled to encashment of leave in respect of the earned Leave standing to his credit, subject to the condition that maximum leave encashment, including the amount received at the time of retirement from previous service shall not in any case exceed the prescribed limit under the Central Civil Service ( Leave) Rules,1972.

14. Leave sanctioning authority. - (1) Leave sanctioning authority, -

(a) for the Vice-Chairman, Vice-Chairperson, Vice-President, Presiding Officer of the Debts Recovery Tribunal and Industrial Tribunal, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member shall be Chairman, Chairperson or, as the case may be, President; and

(b) for the Chairman, Chairperson, Presiding Officer of Security Appellate Tribunal or President, shall be the Central Government, who shall also be sanctioning authority for Accountant Member, Administrative Member, Judicial Member, Expert Member or Member in case of absence of Chairman, Chairperson, Presiding Officer of Security Appellate Tribunal or President.

(2) The Central Government shall be the sanctioning authority for foreign travel to the Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice President, Accountant Member, Administrative Member, Judicial Member, Expert Member, Technical Member, Presiding Officer or a Member.

[15. House rent allowance. - With effect from the 1st January, 2021, the Chairman, Chairperson, President, Vice Chairman, Vice Chairperson or Vice President shall have option to avail of accommodation to be provided by the Central Government as per the rules for the time being in force or entitled to house rent allowance subject to a limit of Rs. one lakh fifty thousand rupees per month and the Presiding Offices and Members shall have option to avail of accommodation to be provided by the Central Government as per the rules for the time being in force or entitled to house rent allowance subject to a limit of Rs.one lakh twenty-five thousand rupees per month.]

16. Transport allowance. - The Chairman, Chairperson, President, Vice-Chairman, Vice-Chairperson, Vice President, Accountant Member, Administrative Member, Judicial Member, Expert Member, Technical Member, Presiding Officer or Member shall be entitled to the facility of staff car for journeys for official and private purposes in accordance with the facilities as are admissible to a Government of India officer holding Group 'A' post carrying the same pay as per the provisions of Staff Car Rules.

17. Declaration of Financial and other Interests. - The Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice President, Accountant Member, Administrative Member, Judicial Member, Expert Member, Technical Member, Presiding Officer or Member shall, before entering upon his office, declare his assets, and his liabilities and financial and other interests.

18. Other conditions of service. - (1) The terms and conditions of service of a Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice- President, Accountant Member, Administrative Member, Judicial Member, Expert Member, Technical Member, Presiding Officer or Member with respect to which no express provision has been made in these rules, shall be such as are admissible to a Government of India officer holding Group 'A' post carrying the same pay.

(2) The Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice- President, Administrative Member, Judicial Member, Expert Member, Technical Member, Presiding Officer or Member shall not practice before the Tribunal, Appellate Tribunal or Authority after retirement from the service of that Tribunal, Appellate Tribunal or, as the case may be, Authority.

(3) The Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice- President, Accountant Member, Administrative Member, Judicial Member, Expert Member, Technical Member, Presiding Officer or Member shall not undertake any arbitration work while functioning in these capacities in the Tribunal, Appellate Tribunal or Authority.

(4) The Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice- President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member of the Tribunal, Appellate Tribunal or, as the case may be, Authority shall not, for a period of two years from the date on which they cease to hold office, accept any employment in, or connected with the management or administration of, any person who has been a party to a proceeding before the Tribunal, Appellate Tribunal or, as the case may be, Authority:

Provided that nothing contained in this rule shall apply to any employment under the Central Government or a State Government or a local authority or in any statutory authority or any corporation established by or under any Central, State or Provincial Act or a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013).

19. Oath of office and secrecy. - Every person appointed to be the Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice-President, Accountant Member, Administrative Member, Judicial Member, Expert Member, Technical Member, Presiding Officer or Member shall, before entering upon his office, make and subscribe an oath of office and secrecy in Forms I and II annexed to these rules.

FORM I

(See rule 19)

Form of Oath of Office for Chairman/Vice-Chairman/ Chairperson/ Vice-Chairperson/President/Vice-President/ Presiding Officer/ Administrative Member/ Judicial Member/ Expert Member/Law Member/Revenue Member/Technical Member,/Member of the (Name of the Tribunal/Appellate Tribunal/Authority)

I, A. B., having been appointed as Chairman/Vice-Chairman/ Chairperson/ Vice-Chairperson/President/Vice-President/ Presiding Officer/ Accountant Member/ Administrative Member, Judicial Member/ Expert Member / Law Member/ Revenue Member/ Technical Member/ Member of the

(Name of the Tribunal/Appellate Tribunal/Authority do solemnly affirm/do swear in the name of God that I will faithfully and conscientiously discharge my duties as the Chairman/Vice-Chairman/ Chairperson/ Vice-Chairperson/ President/Vice-President/Presiding Officer/ Accountant Member/ Administrative Member/ Judicial Member/ Expert Member /Law Member/ Revenue Member/ Technical Member/ Member (Name of the Tribunal/Appellate Tribunal/Authority) 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 land.

FORM II

(See rule 19)

Form of Oath of Secrecy for Chairman/Vice-Chairman/Chairperson/ Vice-Chairperson/President/Vice-President/Presiding Officer/Accountant Member/ Administrative Member/Judicial Member/Expert Member/Law Member/Revenue Member/ Technical Member/Member of the (Name of Tribunal/Appellate Tribunal/Authority)

I, A. B., having been appointed as the Chairman/Vice-Chairman/Chairperson/Vice-Chairperson/President/Vice-President/Presiding Officer/Member of the(Name of Tribunal/Appellate Tribunal/Authority), do solemnly affirm/do swear in the name of God that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as Chairman/Vice-Chairman/Chairperson/Vice-Chairperson/President/Vice-President/Presiding Officer/Accountant Member/Administrative Member, Judicial Member/Expert Member/Law Member/ Revenue Member/ Technical Member/Member of the said (Name of Tribunal/Appellate Tribunal/Authority) except as may be required for the due discharge of my duties as the Chairman/Vice-Chairman/ Chairperson/ Vice-Chairperson/President/Vice-President/Presiding Officer/Member.

[Schedule]

(See rule 3)

Sl. No.

Name of Tribunal, Appellate Tribunal or Authority.

Qualification for appointment of Chairperson, Chairman, President, Vice-Chairperson, Vice-Chairman, Vice- President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member or Technical Member or Member.

(1)

(2)

(3)

1.

Industrial Tribunal under the Industrial Disputes Act, 1947 (14 of 1947)

A person shall not be qualified for appointment as Presiding Officer, unless he,–

(a) is, or has been, a Judge of a High Court; or

(b)has, for a combined period of ten years, been a District Judge and Additional District Judge.

2.

Income-tax Appellate Tribunal under the Incometax Act, 1961(43 of 1961)

(1) A person shall not be qualified for appointment as President unless he is a sitting or retired Judge of a High Court and who has completed not less than seven years of service as a Judge in a High Court or a Vice-President of the Income-tax Appellate Tribunal.

(2) The Central Government may appoint one or more members of the Income-tax Appellate Tribunal to be the Vice-President or, as the case may be, Vice-Presidents thereof.

(3) A person shall not be qualified for appointment as a Judicial Member, unless,––

(a) he has, for a combined period of ten years, been a District Judge and Additional District Judge; or

(b) he has been a member of the Indian Legal Service with ten years of experience in litigation and has held a post of Additional Secretary or any equivalent or higher post for two years; or

(c) he has been an advocate for ten years with substantial experience in litigation under Income-tax laws in Income-tax Appellate Tribunal, High Court or Supreme Court.

(4) A person shall not be qualified for appointment as an Accountant Member, unless,-

(i) he has for twenty-five years been in the practice of accountancy, -

(a) as a chartered accountant under the Chartered Accountants Act, 1949 (38 of 1949); or

(b) as a registered accountant under any law formerly in force; or partly as such registered accountant and partly as a chartered accountant; or

(ii) he has been a member of the Indian Revenue Service (Income-tax Service Group ?A‘) and has held the post of Principal Commissioner of Income-tax or any equivalent or higher post for two years and has performed judicial, quasijudicial or adjudicating function for three years.

3.

The Customs, Excise and Service Tax Appellate Tribunal under the Customs Act, 1962(52of 1962)

(1) A person shall not be qualified for appointment as President unless, -

(a) he is or has been a Judge of a High Court and who has completed not less than seven years of service as a Judge in a High Court; or

(b) he is the member of the Appellate Tribunal.

(2) A person shall not be qualified for appointment as a Judicial Member, unless, —

(a) he has, for a combined period of ten years, been a District Judge and Additional District Judge; or

(b) he has been a member of the Indian Legal Service with ten years of experience in litigation and has held a post of Additional Secretary or any equivalent or higher post for two years; or

(c) he has been an advocate for ten years with substantial experience in litigation under indirect tax laws in Customs, Excise and Service Tax Appellate Tribunal, High Court or Supreme Court.

(3) A person shall not be qualified for appointment as a Technical Member unless he has been a member of the Indian Revenue Service (Customs and Central Excise Service Group 'A') and has held the post of Principal Commissioner of Customs or Central Excise or any equivalent or higher post for two years and has performed judicial, quasi-judicial or adjudicating function for three years.

4.

Appellate Tribunal under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (13 of 1976)

(1) The Chairman of the Appellate Tribunal shall be a person who is or has been a Judge of a Supreme Court or a Chief Justice of a High Court.

(2) The Member of the Appellate Tribunal shall be a person not below the rank of Additional Secretary to the Government of India or any equivalent or higher post for two years and has performed judicial, quasi-judicial or adjudicating function for three years.

5.

Central Administrative Tribunal under the Administrative Tribunal Act, 1985 (13 of 1985).

(1) A person shall not be qualified for appointment as the Chairman, unless he, –

(a) is, or has been, a Judge of a High Court; or

(b) has, for a period of not less than three years, held office as Administrative Member or Judicial Member in the Central Administrative Tribunal;

(2) A person shall not be qualified for appointment,–

(a) as a Judicial Member, unless he,–

(i) is, or has been, a Judge of a High Court; or

(ii) has, for one year, held the post of Secretary to the Government of India in the Department of Legal Affairs or the Legislative Department including Member –Secretary, Law Commission of India; or

(iii) has, for two years, held a post of Additional Secretary to the Government of India in the Department of Legal Affairs or Legislative Department; or

(iv) has, for a combined period of ten years, been a District Judge and Additional District Judge; or

(v) has, for ten years, been an advocate with substantial experience in litigation in service matters in Central Administrative Tribunal, Armed Forces Tribunal, High Court or Supreme Court.

(b) as an Administrative Member, unless he, -

(i) has, for one year, held the post of Secretary to the Government of India or any other post under the Central Government or a State Government and carrying the scale of pay which is not less than that of a Secretary to the Government of India for one year; or

(ii) has, for two years, held a post of Additional Secretary to the Government of India, or any other post under the Central or State Government carrying the scale of pay which is not less than that of Additional Secretary to the Government of India for a period of two years:

Provided that the officers belonging to the All-India services who were or are on Central deputation to a lower post shall be deemed to have held the post of Secretary or Additional Secretary, as the case may be, from the date such officers were granted proforma promotion or actual promotion whichever is earlier to the level of Secretary or Additional Secretary, as the case may be , and the period spent on Central deputation after such date shall count for qualifying service for the purpose of this clause.

6.

Railway Claims Tribunal under the Railway Claims Tribunal Act, 1987 (54 of 1987)

(1) A person shall not be qualified for appointment as the Chairman, unless he, –

(a) is, or has been, a Judge of a High Court; or

(b) has, for a period of not less than three years, held office as Vice-Chairman, Judicial Member or Technical Member, as the case may be.

(2) A person shall not be qualified for appointment as the Vice- Chairman (Judicial), unless he, –

(a) is, or has been, a Judge of a High Court; or

(b) has been a member of the Indian Legal Service with ten years of experience in litigation and has held a post of Additional Secretary or any equivalent or any higher post for two years; or

has, for two years, held a civil judicial post carrying a scale of pay which is not less than that of an Additional Secretary to the Government of India; or

(d) has, for a period of not less than three years, held office as a Judicial Member.

(3) A person shall not be qualified for appointment as the Vice- Chairman (Technical), unless he, –

(a) has, for a period of not less than three years, held office as a Technical Member; or

(b) has, for two years, held a post under a railway administration carrying a scale of pay which is not less than that of an Additional Secretary to the Government of India and has adequate knowledge of rules and procedure of, and experience in, claims and commercial matters relating to railways.

(4) A person shall not be qualified for appointment as a Judicial Member, unless he, –

(a) is, or has been, a Judge of a High Court; or

(b) has, for a combined period of ten years, been a District Judge and Additional District Judge; or

(c) has been an advocate for ten years with substantial experience in litigation in claim settlements pertaining to damage to life and property in Railway Claims Tribunal, High Court or Supreme Court.

(5) A person shall not be qualified for appointment as a Technical Member unless he is a person of ability, integrity and standing having special knowledge of rules and procedure of, and experience in, claims and commercial matters relating to railways of not less than twenty-five years.

7.

Securities Appellate Tribunal under the Securities Exchange Board of India Act, 1992 (15 of 1992)

(1) A person shall not be qualified for appointment as the Presiding Officer or a Judicial Member or a Technical Member of the Securities Appellate Tribunal, unless he, -

(a) in the case of the Presiding Officer, is, or has been, a Judge of the Supreme Court or a Chief Justice of a High Court;

(b) in the case of a Judicial Member, ––

(i)is, or has been, a Judge of a High Court; or

(ii) has been an advocate for ten years with substantial experience in litigation in matters relating to financial sector before Securities Exchange Board of India, Securities Appellate Tribunal, High Court or Supreme Court.

(c) in the case of a Technical Member, ––

is, or has been, an Additional Secretary for two years or Secretary in the Ministry or Department of the Central Government or any equivalent post in the Central Government or a State Government; or

(ii) is a person of proven ability, integrity and standing having special knowledge and professional experience, of not less than twenty-five years, in financial sectors including securities market or pension funds or commodity derivatives or insurance.

(2) A Member or Part time Member of the Board or the Insurance Regulatory and Development Authority or the Pension Fund Regulatory and Development Authority, or any person at senior management level equivalent to Executive Director in the Board or in such Authorities, shall not be appointed as Presiding Officer or Member of the Securities Appellate Tribunal, during his service or tenure as such with the Board or with such Authorities, as the case may be, or within two years from the date on which he ceases to hold office as such in the Board or in such Authorities.

(3) The Presiding Officer or Member of the Securities Appellate Tribunal shall be a person who does not have any financial or other interest as are likely to prejudicially affect their functions as such Presiding Officer or Member.

8.

Debts Recovery Tribunal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993)

A person shall not be qualified for appointment as Presiding Officer of the Debts Recovery Tribunal, unless he, is, or has been, a District Judge.

9.

Debts Recovery Appellate Tribunal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993)

A person shall not be qualified for appointment as Chairperson, unless he, ––

(a) is, or has been, a Judge of a High Court; or

(b) has been a member of the Indian Legal Service with ten years of experience in litigation and has held a post of Additional Secretary or any equivalent or any higher post for two years; or

(c) has held office as the Presiding Officer of a Debts Recovery Tribunal for three years.

10.

Telecom Disputes Settlement and Appellate Tribunal under the Telecom Regulatory Authority of India Act, 1997 (24 of 1997)

(1) A person shall not be qualified for appointment as Chairperson, unless he, –

(a) is, or has been, a Judge of Supreme Court; or

(b) is, or has been, Chief Justice of a High Court.

(2) A person shall not be qualified for appointment as Member unless he is a person of ability, integrity and standing having special knowledge of, and professional experience of, not less than twentyfive years in economics, business, commerce, law, finance, accountancy, management, industry, public affairs, administration, telecommunications or any other matter which is useful to the Telecom Disputes Settlement and Appellate Tribunal.

11.

National Company Law Appellate Tribunal under the Companies Act, 2013 (18 of 2013).

(1)The Chairperson shall be a person who is or has been a Judge of the Supreme Court or the Chief Justice of a High Court.

(2) A Judicial Member shall be a person who is –

(a) is or has been a Judge of a High Court; or

(b) is a Judicial Member of the National Company Law Tribunal for five years; or

(c) has been an advocate for ten years with substantial experience in litigation in matters relating to company affairs before National Company Law Tribunal, National Company Law Appellate Tribunal, High Court or Supreme Court.

(3) A Technical Member shall be a person of proven ability, integrity and standing having special knowledge and professional experience, of not less than twenty-five years, in law, industrial finance, industrial management or administration, industrial reconstruction, investment, accountancy or any other matter which is useful to the National Company Law Appellate Tribunal.

12.

National Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019 (35 of 2019)

(1) A person shall not be qualified for appointment as President, unless he, –

(a) is, or has been, a Judge of the Supreme Court; or

(b) is, or has been, Chief Justice of a High Court.

(2) A person shall not be qualified for appointment as Member unless he,–

(a) is, or has been, a Judge of a High Court; or

(b) has, for a combined period of ten years, been a District Judge and Additional District Judge; or

(c) is a person of ability, integrity and standing, and having special knowledge of, and professional experience of not less than twenty-five years in economics, business, commerce, law, finance, accountancy, management, industry, public affairs, administration or any other matter which is useful to the National Consumer Disputes Redressal Commission.

13.

Appellate Tribunal for Electricity under the Electricity Act, 2003 (36 of 2003).

(1) A person shall not be qualified for appointment as Chairperson of the Appellate Tribunal, unless he, ––

(a) is, or has been, a Judge of Supreme Court; or

(b) is, or has been, Chief Justice of a High Court.

(2)A person shall not be qualified for appointment as Judicial Member, unless, he––

(a) is, or has been, a Judge of a High Court; or

(b) has, for a combined period of ten years, been a District Judge and Additional District Judge; or

(c) has been an advocate for ten years with substantial experience in litigation in matters relating to power sector before Central Electricity Regulatory Commission, State Electricity Regulatory Commission, Appellate Tribunal for Electricity, High Court or Supreme Court.

(3) A person shall not be qualified for appointment as Technical Member unless he is a person of ability, integrity and standing having special knowledge of, and professional experience of, not less than twenty-five years in matters dealing with electricity generation, transmission, distribution, regulation, economics, business, commerce, law, finance, accountancy, management, industry, public affairs, administration or in any other matter which is useful to the Appellate Tribunal.

14.

Armed Forces Tribunal under the Armed Forces Act, 2007 (55 of 2007)

(1) A person shall not be qualified for appointment as Chairperson, unless, he, -

(a) is, or has been, a Judge of Supreme Court; or

(b) is or has been a Chief Justice of a High Court.

(2) A person shall not be qualified for appointment as Judicial Member unless he is-

(a) is, or has been, a Judge of a High Court; or

(b) has, for ten years, been an advocate with substantial experience in litigation in service matters in Central Administrative Tribunal, Armed Forces Tribunal, High Court or Supreme Court.

(3) A person shall not be qualified for appointment as Administrative Member, unless he, -

(a) has held or has been holding the rank of Major General or above for a total period of three years in the Army or equivalent rank in the Navy or the Air Force; or

(b) has served for not less than one year as Judge Advocate General in the Army or the Navy or the Air Force, and is not below the rank of Major General, Commodore and Air Commodore respectively; or

(c) is a person of ability, integrity and standing having special knowledge of, and professional experience of not less than thirty years in, economics, business, commerce, law, finance, accountancy, management, industry, public affairs, administration or in any other matter useful to the Armed Forces Tribunal.

15.

National Green Tribunal under the National Green Tribunal Act, 2010 (19 of 2010)

(1) A person shall not be qualified for appointment as Chairperson, unless he, –

(a) is, or has been, a Judge of Supreme Court; or

(b) is, or has been, Chief Justice of a High Court.

(3) A person shall not be qualified for appointment as Judicial Member, unless he, –

(a) is, or has been, a Judge of a High Court; or

(b) has, for a combined period of ten years, been a District Judge and Additional District Judge; or

(c)has, for ten years, been an advocate with substantial experience in litigation in matters relating to environment and forest in National Green Tribunal, High Court or Supreme Court

. (3) A person shall not be qualified for appointment as Expert Member, unless he, -

(a) has a degree or Post-graduation degree or Doctorate Degree in Science and has an experience of twenty-five years in the relevant field including five years‘ practical experience in the field of environment and forests (including pollution control, hazardous substance management, environment impact assessment, climate change management, biological diversity management and forest conservation) in a reputed National level institution; or

(b) has administrative experience of twenty years including experience of five years in dealing with environmental matters in the Central Government or a State Government or in a reputed National or State level institution.

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