• Divyanshita Singh

SECTION 414. SALARY, ALLOWANCES, AND OTHER TERMS AND CONDITIONS OF SERVICE OF MEMBERS

SECTION 414. SALARY, ALLOWANCES, AND OTHER TERMS AND CONDITIONS OF SERVICE OF MEMBERS


Members of the Tribunal and the Appellate Tribunal shall be paid the following salaries, allowances, and other terms and conditions of service as may be prescribed:

However, the Members' salary and allowances, as well as their other terms and conditions of service, should not be changed to their prejudice after their appointment.


Applicable Rules

National Company Law Appellate Tribunal (Salaries, Allowances and other Terms and Conditions of Service of Chairperson and other Members) Rules, 2015.


2. Define terms:- (1) Unless the situation indicates differently, in these regulations, –


a) The Companies Act, 2013 (18 of 2013) is referred to as the "Act."


b) "Chairperson" refers to the Appellate Tribunal's Chairperson, who is appointed under section 412(1) of the Act.


(2) In these regulations, words and expressions that are not defined but are defined in the Act have the meanings ascribed to them in the Act.


3. Make a payment- (1) The Chairperson is entitled to a monthly remuneration of Rs. 90,000/- (fixed) and such other allowances as an officer in the Cabinet Secretary's Scale of Rs. 90,000/- is entitled to (fixed).


(2) A Judicial Member and Technical Member shall be paid a salary of Rs. 80,000/- (fixed) and such other allowances as an officer in the Apex Scale of Rs. 80,000 is entitled to (fixed).


(3) If a person appointed as the Chairperson or a Member, as the case may be, receives a pension, their compensation will be reduced by the gross amount of the pension received.


4. Pension, Gratuity, or Provident Fund.— (1) If a serving Supreme Court or High Court judge, a serving Judicial Member of the Tribunal, or a person in the Government's service, is appointed to the post of Chairperson, 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 rules of the service to which he belongs.


(2) In all other situations, the Contributory Provident Fund (India) Rules, 1962 govern the Members.


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


5. Leave. — (1) For each year of service, the Chairperson and every other Member are entitled to thirty days of Earned Leave.


(2) Rule 40 of the Central Civil Services (Leave) Rules, 1972 governs the payment of leave wage while on leave.


(3) The Chairperson and Members shall be entitled to leave encashment in respect of the Earned Leave to which they are entitled, subject to the condition that the total amount of leave encashment, including that, received at the time of retirement from the previous service, does not exceed the limit outlined in the Central Civil Service (Leave) Rules, 1972.


Leave sanctioning authority. – The President of India shall be the competent authority to sanction leave for the Chairperson, and the Chairperson shall be the leave sanctioning authority for the Members.


7. Travelling allowances.- (1) The Chairperson, 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 Tribunal to proceed to his hometown), shall be entitled to the traveling 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 of Rs. 90,000 (fixed).


(2) While on tour within India or on transfer (including the journey undertaken to join the Appellate Tribunal or on completion of his tenure with the Appellate Tribunal to return to his home town), a Member of the Appellate Tribunal is entitled to the same traveling allowance, daily allowance, transportation of personal effects, and other similar matters as are admissible to a Central Government officer in the Apex Scale of Rs. 80,000/-. (fixed).

8. Official visits abroad. — (1) The Chairperson's official visits overseas shall be conducted exclusively in line with directives issued by the Central Government, and he shall be entitled to the same allowances for such visits as a Central Government officer in the equivalent grade of Rs. 90,000. (fixed).


(2) The Member's official visits abroad shall be conducted solely in compliance with directives issued by the Central Government, and he shall be entitled to receive the same allowances for such journeys as officers of the Central Government in the Apex Scale of Rs. 80,000/-. (fixed)


9. Leave Travel Concession. — (1) The Chairperson shall be entitled to Leave Travel Concession at the same rates as Central Government officers in the corresponding pay grade of Rs. 90,000. (fixed).


(2) The Member shall be entitled to the same leave travel concessions as officers of the Central Government in the Apex Scale of Rs. 80,000/-. (fixed).


10. Facility for medical treatment. – The Chairperson and other Members have the right to medical care under the Central Services (Medical Attendance) Rules, 1944.



11. Housing.- The Chairperson, Judicial Member, or Technical Member may claim house rent allowance in accordance with the Central Government's rates for Group 'A' officers of equivalent pay grade or scale:


Provided, however, that if he is found eligible for General Pool Residential Accommodation and resides in government housing, he will not be entitled to home rent allowance.


12. Convenience of transportation. – The Chairperson, a Judicial Member, or a Technical Member shall be entitled to the use of a staff car for official and private travel in accordance with the provisions of the Staff Car Rules, as amended from time to time, for Government servants in the corresponding pay grade.


13. Telephone facility.- The Chairperson, Judicial Member, and Technical Member will be entitled to the same telephone facilities as a Central Government Group 'A' officer earning an equivalent salary.


14. President's service conditions.- Where a serving or retired Supreme Court Judge or a serving or retired Chief Justice of a High Court is appointed as the Chairperson, the service conditions shall be as set forth in the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958, or the High Court Judges (Salaries and Conditions of Service) Act, 1954, as the case may be, and the rules made thereunder unless otherwise provided for in these rules.


15. Conditions of service of Judicial Member. – Where a serving judge of a High Court is appointed as a Judicial Member, the service conditions unless specifically provided for in these rules, shall be as contained in the High Court Judges (Salaries and Conditions of Service) Act, 1954, as the case may be, and the rules made thereunder:


Provided that the Judicial Member after his due date of retirement from service as a Judge of the High Court or expiry of the lien period, whichever is later, the service conditions, other than specifically provided in these Rules, for the remaining period of his term of office, shall be same as may, for the time being, be applicable to other employees of the Government of India of the corresponding status.


16. Office oath and confidentiality oath. – Before beginning his duties as Chairperson or Member, each person must take and agree to an oath of office and confidentiality in Form I and Form II, which are affixed to these regulations.


17. Declaration of financial or other interest.- On being appointed as Chairperson or Member, as the case may be, each person shall make a declaration in Form III annexed to these rules, to the satisfaction of the Central Government, that he has no financial or other interest that would jeopardize his functions as Chairperson or Member.

16. Oath of office and confidentiality. – Every person appointed as the Chairperson or a Member, as the case may be, must take an oath of office and confidentiality.’’


18. Residuary provisions. — Matters relating to the President's and Members' terms and conditions of service for which no express provision has been made in these rules shall be the same as may be applicable to other employees of the Government of India of a corresponding status for the time being.


19. Relaxation powers.- -Any provision of these rules may be relaxed by the Central Government with respect to any class or category of persons.

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