Appellate Tribunal for Forfeited Property (Conditions of Service of Chairman and Members) Rules, 1978

REGISTERED No. D.(D.)-72 The Gazette of India EXTRAORDINARY PUBLISHED BY AUTHORITY No. 229] NEW DELHI, FRIDAY, AUGUST 4, 1978/SRAVANA 13, 1900 Separate paging is given to this Port in order that it may be filed as a separate compilation (089)481 GI/78 MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 4th August, 1978 G.S.K. 3»5(EI.—In excrcis; of the powers conferred by sub- section (2) of section 26 of the Smugglers and Foreign Ex- change Manipulates; (Forefciture of Property) Act, 1976 (13 of 1976), the Central Government hereby makes the follow- ing rules, namely :— 1. Short title and commencement.—([) These rules may be called the Appellate Tribunal for Forfeited Property (Condi- tions of Service of Chairman and Members) Rules, 1978: (2). They shall come into force from the date of their publication in the official Gazette. 2. Definitions.—In these rules unless the context otherwise requires;— (a) "Act" means the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (13 of 1976); (b)"Chairman" means the Chnirmuri of the Tribunal; (c) "Tribunal" means the Appellate Tribunal constituted under sub-section (I) of section 12 of the Act; (d) "'Judge1' includes the Chief Justice, an acting Chief Justice, tin Additional Judge, an Acting Judge; (e) "member'" means a member of the Tribunal. 3, Remuneration, allosvanccs etc. of (he Chairman. —(1) A judge of the Supreme Court or of High Court appointed as Chairman shall be entitled to a monthly salary at the same rate as is admissible to him as a judge of the Supreme Court or of a High Court, as the case may be. He shall be entitled to such allowances and other benefits as are admissible to a Judge of the Supreme Court or of a High Court, as the case may be. (2) Where the Chairman retires from service :is Judge of the Snnieme Court or of a High Court during the term ot office of such Chairman or a retired Judee of the Supreme Court or of a High Court is appointed as such, lie shall be paid lor the period he serves as Chairman, such salary which, together with Ms pension and pension equivalent of any other form of^retircment benefits vhnii not exceed the last pav drawn by him before retirement. He shall bo entitled to such allowances and other benefits as are admissible to a serving Judge of the Supreme Court or of a High Court, as the case may be. (3) A person not being a serving Judge, or a retired Judge of the Supreme Court or of a. High Court appointed as Chairman shall be paid a salary of Rs. 3,500 per mensem and shall be entitled to draw such allowances as are admissible to a Government officer of equivalent pay : Provided, that if such a person at the time of his appointment as Chairman Is in receipt of a pension m ren- pect of his previous service under the Government or any local body or authority owned or controlled by the Govern- ment, such salary shall be reduced by fhe amount of pension and pension equivalent of any other form of retirement benefits. 4. Remuneration, allowances etc. of members.—A person appointed as member shall be paid a salary of Rs. 3,000 per mensem and shall be entitled to draw such allowances as the admissible to a Government officer of equivalent pay : Provided that if such a person at the time of his appoint- ment as member is in receipt of a pension in respect of any previous service under the Government or any local body or authority owned or controlled by Government, such salary shall be reduced by the amount of pension and pension aquivaient of any other form of retirement benefits. 5. Retirement during the term of member.—Where a mem- ber retires from service under the Government or any local foody or authority owned or controlled by the Govenment during the term of office as such member, his salary for the period he serves as member after such retirement shall be reduced by the amount of pension and pension equivalent of any other form of retirement benefits. 6. Travelling Allowances.—(1) If the Chairman is a serving judge or a retired Judge of the Supreme Court or ot a High Court, he shall be entitled to draw travelling allowance under the Supreme Court Judges (Travelling Allowance) Rules, 1959, or as the case may be, the High Court Judges (Travelling Allowance) Rules, 1956, in res- pect of journeys performed by him in connection with tho work of the Tribunal at the rates as are admissible to a Judge of the Supreme Court or of a High Court, as the case may be. However, a retired Judge of the Supreme Court or of a High Court shall not be entitled to the benefit of higher daily allowance admissible to a serving Judge of the Supreme Court or of a High Court, as the case may be, for performing functions outsids their normal duties in localities away from their headquarters. (2) The Chairman, not being a Judge or a retired Judge of the Supreme Court or of a High Court or any member shall be entitled to draw travelling allowance in respect of journeys performed by him in connection with the work ot the Tribunal at the same rates as arc admissible to a Central Government officer of equivalent pay. 7. T.cavc.—-(1) Where the Chairman is a serving Judge of the Supreme Court or of a High Court, he shall be entitled to such leave as mav be admissible to him under the Supreme Court Judges (Conditions of Service) Act. 1958 (41 of 1958), or as the case may be. the Hiph Court Judges (Con- ditions of Service) Act. 1954 (28 r>f 1954). The serving Judcc of ihc Supreme Court or of a High Court retiring during the tenure of appointment as Chairman, he would be governed bv Central Civil Services (Leave! Rules, 1972 with effect fiom his date of retirement from service. (2) Where the Chairman is a retired Judge of the Supreme Court or of a High Court, he shall be entitled to such leave as is admissible to an officer of the Government under the Central Civil Sen-ices (T.envO Rules, 1972. (31 A person appointed as a member shall be entitled to such leave as is admissible to an officer of the Government under the Central Civil Services (T.envel Rules. 1972 : Provided that where a ncrson to whom the Central Civil Servkx-sC leave) Rules, 1972 aiv not npnlicable, is appointed as the Chnirman or a member, he shall be eligible for the grant of leave under the rules applicable to him before such appointment. 8. Vacation. —(1) Where the Chairman is a servinfj Judge, he shall be entitled to vacation in accordance with the Supreme Court Judges (Conditions of Service) Act, 1958 (4[ oi" ihe 195H), or as case may be the High Court Judges (Conditions of Service) Act, 1954 (28 of 1954). (2) The Chairman,, who. is not a serving Judge of the Supreme Court or of a High Court and a Member shall not be entitled to vacation. 9. Accommodation.—(1) A serving Judge or a retired Judge of the Supreme Court or of a High Couit who is ap- pointed as Chairman shall be entitled, without payment of rent, to the use of an official residence in accordance with the Supreme Court Judges (Conditions of Service) Act, 1958 (41 of 1958), or as the case may be, the High Court Judges (Conditions of Service) Act, 1954 (28 of 1954). (2) The Chairman, who is not a serving Judge or n retired judge of the Supreme Court or of a High Court, and a member shall be entitled to government accommodation on payment of prescribed rent as admissible to a central govern- ment officer of equivalent pay. 10. Medical Attendance.—(1) A serving Judge or retired Judge of the Supreme Court or of a High Court phall lie en- titled to medical attendance in accordance with the Supreme Court Judges (Conditions of Service) Act, 1958 (41 of 1*58"). or as the case may be, the High Court Judges (Conditions of Service) Act, 1954 (28 of 1954). (2) The Chairman, who is not a serving Judge or a retired Judge of the Supreme Court or of a High Court, and a member of the Tribunal shall be entitled to medical facilities sdmiwible to a central government officer of equivalent pay. 11. Tenure (1) (a) Where n serving Judge of the Supreme Court or of a High Court is appointed as Chairman, he shall hold office as Chairman for a period of three years oi till he attains the age of sixty-five years or sixty-two years, as the case may be, whichever happens earlier : Provided that where a retired Judge of the Supreme Court or of a High Court is appointed or re-appointed as Chair- man beyond the age sixty-five years or sixty-two years, us the case may be, he shall hold office as Chairman for such period not exceeding three years as may be determined by the Central Government at the time of appointment or re-appointment. (b) Where a person not falling under clause (a) is appoint- ed as Chairman, he shall hold office for a period of three years, or till he attains the age of sixty-five years, whichever happens earlier and shall not be eligible for re-appointment, (2) A person appointed as member shall hold office till he attains the age of sixty years. 12. Oath of Office.—Every person appointed as the Chair- man or as a member, not. already in Government service, shall before entering upon oftice, make and subscribe to an oath of office before an officer of the Central Government not below the rank of Additional Secretary in the form appended to these rules. 13. Saving.—In respect of any matter not covered by these rules, the Chairman and a member shall be governed by such rules or orders as may be applicable to a Central Government officer of equivalent pay. 14. Interpretation.—If any question arises relating to the interpretation of these rules, the matter shall be referred to the Central Government who shall ttecide the same. APPENDIX Form (See rule 12) If do swenr/solemnly affirm thiit 1 will be faithful and bear true allegiance to India and to the Cons- titution of India as by law established, that I will uphold the sovereignty and integrity'of India, and that I will carry out the duties of my office loyally, honestly and with impartiality. So help me God. Sijjn at lire Chairman member Appellate Tribunnl for Forfeited Property Officer before whom the oath was taken. A. N. SAREEN, Under Secy. PRINTED BY THK MANAGER, GOVT. OF INDIA PRESS, RING ROAD, NEW DELHI-110064