NCLT terms of service of Chairperson and other Members Rules 2014

By | May 13, 2016

Rules under Companies Act 2013

CHAPTER XXVII : NATIONAL COMPANY LAW TRIBUNAL AND APPELLATE TRIBUNAL

NATIONAL COMPANY LAW APPELLATE TRIBUNAL (SALARIES, ALLOWANCES AND OTHER TERMS AND CONDITIONS OF SERVICE OF THE CHAIRPERSON AND OTHER MEMBERS)RULES, 2014

In exercise of the powers conferred by section 469 read with section 414 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules, namely:—

Short title and commencement

1. (1) These rules may be called the National Company Law Appellate Tribunal (Salaries, Allowances and other terms and conditions of service of the Chairperson and other Members) Rules, 2014.

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

Definitions

2. (1) In these rules, unless the context otherwise requires,—

(a) “Act” means the Companies Act, 2013 ( 18 of 2013);
(b) “Appellate Tribunal” means the National Company Law Appellate Tribunal constituted under section 410 of the Act;
(c) “Chairperson” means the Chairperson of the Appellate Tribunal appointed under sub-section (1) of section 412 of the Act;
(d) “Tribunal” means the National Company Law Tribunal constituted under section 408 of the Act;

(2) Words and expressions used in these rules and not defined, but defined in the Act shall have the meanings respectively assigned to them in the Act.

Pay

3. The Chairperson shall be entitled to a monthly pay of Rs. 90,000 (fixed) and such other allowances as are admissible to an officer in the Cabinet Secretary’s Scale of Rs.90,000 (fixed).

(2) A Judicial Member shall be paid salary in the pay scale of Rs. 80,000 (fixed) and such other allowances as are admissible to an officer in the Apex Scale of Rs.80,000 (fixed).

(3) A Technical Member shall be paid salary in the pay scale of Rs. 80,000 (fixed) and other such allowances as are admissible to an officer in the Apex Scale (fixed):

Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson, Judicial Member and the Technical Member shall be varied to their disadvantage after their appointment:

Provided further that in case a person appointed as the Chairperson or a 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.

Pension, Gratuity or Provident Fund

4. (1) In case a serving Judge of the Supreme Court or High Court, a serving Judicial Member of the Tribunal or a person in Government service is appointed to the post of Chairperson or Judicial Member or Technical Member, as the case may be, the service rendered in the Appellate Tribunal shall count for pension, to be drawn in accordance with the rules of the service to which he belongs, and he shall also be governed by the provisions of the General Provident Fund (Central Services) Rules, 1960.

(2) In all other cases, the Members shall be governed by the provisions of the Contributory Provident Fund (India) Rules, 1962.

(3) Additional pension and gratuity shall not be admissible for service rendered in the Appellate Tribunal.

Leave

5. (1) The Chairperson and every other Member shall be entitled to thirty days of Earned Leave for every year of service.

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

(3) The Chairperson and every other Member shall be entitled to encashment of fifty per cent of Earned Leave standing to their credit at any time.

Leave Sanctioning Authority

6. In the case of the Chairperson, the competent authority to sanction the leave shall be the President of India and in the case of the Members, the Chairperson shall be the leave sanctioning authority.

Travelling Allowances

7. (1) The Chairperson of the Appellate Tribunal while on tour within India or on transfer (including the journey undertaken to join the Tribunal or on the completion of his tenure with the Tribunal to proceed to his home town) shall be entitled to the travelling allowance, daily allowance, transportation of personal effects and other similar matters at the same rates as are admissible to the officer of the Central Government in the equivalent grade or scale, subject to the first proviso to sub-rule (3) of rule 3.

(2) The Member of the Appellate Tribunal while on tour within India or on transfer (including the journey undertaken to join the Appellate Tribunal or on the completion of his tenure with the Appellate Tribunal to proceed to his home town) shall be entitled to the travelling allowance, daily allowance, transportation of personal effects and other similar matters at the same rates as are admissible to the officer of the Central Government in the equivalent grade or scale, subject to the first proviso of sub-rule (3) of rule 3.

Official visits abroad

8. (1) Official visits abroad by the Chairperson shall be undertaken only in accordance with orders issued by the Central Government and he shall be entitled to draw such allowances in respect of such visits as are admissible to the officer of the Central Government in the equivalent grade or scale, subject to the first proviso to sub-rule(3) of rule 3.

(2) Official visits abroad by the Member shall be undertaken only in accordance with orders issued by the Central Government and they shall be entitled to draw such allowances in respect of such visits as are admissible to officer of the Central Government in the equivalent grade or scale, subject to the first proviso to sub-rule (3) of rule 3.

Leave Travel Concession

9. (1) The Chairperson of the Appellate Tribunal shall be entitled to Leave Travel Concession at the same rates as are admissible to an officer of the Central Government in the equivalent pay grade or scale, subject to the first proviso to sub-rule (3) of rule 3.

(2) The Members of the Appellate Tribunal shall be entitled to Leave Travel Concession at the same rates as are applicable to officers of the Central Government in the equivalent grade or scale, subject to the first proviso to sub-rule (3) of rule 3.

Facility for Medical Treatment

10. The Chairperson and other Members shall be entitled to medical treatment and hospital facilities as provided in the Central Government Health Scheme and at places, where the said Scheme is not in operation, the Chairperson and other Members shall be entitled to the facilities as provided in the Central Services (Medical Attendance) Rules, 1944.

Accommodation

11. The Chairperson or the Judicial Member or the Technical Member shall have the option of claiming house rent allowance in accordance with the rates prescribed by the Central Government for Group ‘A’ officers of equivalent pay grade or scale:

Provided that he shall not be eligible for house rent allowance in case he is declared eligible for General Pool Residential Accommodation and occupying such a Government accommodation allotted to him.

Facility of conveyance

12. The Chairperson or the Judicial Member or the Technical Member shall be entitled to the facility of staff car for journeys for official and private purposes in accordance with the facilities provided to Central Government servants in the corresponding pay grade.

Telephone facility, official meetings and entertainment expenses

13. The Chairperson or the Judicial Member and or the Technical Member shall be eligible for telephone facilities, official meetings and entertainment expenses as admissible to a Group ‘A’ officer of the Central Government drawing an equivalent pay.

Conditions of service of sitting Judge of the Supreme Court or a Chief Justice of a High Court or a Judge of a High Court appointed as Chairperson or Judicial Member

14. Where a sitting Judge of the Supreme Court or a Chief Justice of a High Court or a Judge of a High Court or a Judicial Member of the Tribunal, who was a Judge of a High Court before his appointment is appointed as the Chairperson or a Judicial Member of the Appellate Tribunal, the service conditions, unless specifically provided for in these rules, shall be as contained in the Supreme Court Judges (Conditions of Service) Act, 1958, or the High Court Judges (Conditions of Service) Act, 1954, as the case may be, and the rules made thereunder shall apply to him.

Oath of office and secrecy

15. Every person appointed as the Chairperson or a Member, as the case may be, shall, before entering upon his office, make and subscribe an oath of office and secrecy, in Form I and Form II annexed to these rules.

Declaration of financial or other interest

16. Everyperson, on his appointment as the Chairperson or Member, as the case may be, shall give a declaration in Form III annexed to these rules, to the satisfaction of the Central Government, that he does not have any such financial or other interest as is likely to affect prejudicially his functions as Chairperson or Member, as the case may be.

Other Conditions of Service

17. The conditions of service of Members of Appellate Tribunal 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 employees of the Government of India of a corresponding grade or scale.

Power to relax

18. The Central Government shall have power to relax any provision of these rules with respect to any class or category of persons.

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