[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRORDINARY,
PART II, SECTION 3, SUB-SECTION (i)]
Ministry of Corporate Affairs
Notification
New Delhi, the ........................, 2015
G.S.R. ....(E).- 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:-
1. Short title and commencement:- (1) These rules may be called the
National Company Law Appellate Tribunal (Salaries, Allowances and other
Terms and Conditions of Service of Chairperson and other Members) Rules,
2015.
(2) They shall come into force on the date of their publication in the Official
Gazette.
2. Definitions:-
(1) In these rules, unless the context otherwise requires, -
(a) 'Act' means the Companies Act, 2013 (18 of 2013);
(b) 'Chairperson' means the Chairperson of the Appellate Tribunal
appointed under sub-section (1) of section 412 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.
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3. Pay. - (1) 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 and Technical 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) 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.
4. Pension, Gratuity or Provident Fund. (1) In case a serving Judge
of the Supreme Court or a High Court, or a serving Judicial Member of the
Tribunal or a person in the service of the Government 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 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.
5. Leave. (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 Members shall be entitled to encashment of leave
in respect of the Earned Leave standing to his credit, subject to the
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condition that maximum leave encashment, including 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.
6. Leave sanctioning authority. - In the case of the Chairperson, the
competent authority to sanction the leave shall be the President of India
and in the case of Members, the Chairperson shall be the leave sanctioning
authority.
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 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 of Rs. 90,000/- (fixed).
(2) The Member 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 rate as are
admissible to the officer of the Central Government in the Apex Scale of
Rs.80,000/-(fixed).
8. Official visits abroad. (1) Official visits abroad by the Chairperson
shall be undertaken 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 applicable to the officer of the Central Government in the
equivalent grade of Rs. 90,000 (fixed).
(2) Official visits abroad by Member shall be undertaken in accordance with
orders issued by the Central Government and he shall be entitled to draw
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such allowances in respect of such visits as are applicable to 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 on the same terms as are applicable to officers of
the Central Government in the equivalent pay grade of Rs. 90,000 (fixed).
(2) The Member shall be entitled to Leave Travel Concession on the same
terms as are applicable to officers of the Central Government in the Apex
Scale of Rs.80,000/-(fixed).
10. Facility for medical treatment.- The Chairperson and other Members
shall be entitled to the medical facilities as provided in the Central Services
(Medical Attendance) Rules, 1944.
11. Accommodation.- The Chairperson or Judicial Member or 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 grade pay 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
occupy Government accommodation allotted to him.
12. Facility of conveyance.- The Chairperson or a Judicial Member or
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 Government servants in the corresponding pay grade as per Staff Car
Rules, as amended from time to time.
13. Telephone facility- The Chairperson, Judicial Member and Technical
Member shall be eligible for telephone facilities as admissible to a Group `A'
officer of the Central Government drawing an equivalent pay.
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14. Conditions of service of Chairperson.- Where a serving or retired
judge of the Supreme Court or a serving or retired Chief Justice of a High
Court is appointed as the Chairperson, the service conditions unless
specifically provided for in these rules, shall be as contained 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.
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
the High Court Judges (Salaries and Conditions of Service) Act, 1954, as
the case may be, and the rules made thereunder:
Provided that the service conditions, other than specifically provided
in these rules , after his due date of retirement from service as a Judge of
the High Court or expiry of the lien period, whichever is later, 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 a
corresponding status.
16. Oath of office and secrecy: - 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.
17. Declaration of financial or other interest:-Every person, 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.
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18. Residuary provisions. Matters relating to the terms and conditions
of service of the President and Members with respect to which no express
provision has been made in these rules, shall be same as may, for the time
being, be applicable to other employees of the Government of India of a
corresponding status.
19. Powers to relax:-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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Form - I
(See rule 16)
Form of oath of office for Chairperson or Members of the National
Company Law Appellate Tribunal
"I, ............., having been appointed as Chairperson or member of the
National Company Law Appellate Tribunal
do solemnly affirm
swear in the name of God
that I will faithfully and conscientiously discharge my duties as Chairperson
or member to the best of my ability, knowledge and judgment, without fear
or favour, affection or ill-will."
Signature: .................
(Name of the Chairperson/
Judicial/
Technical Member)
Designation: .................
National Company Law Appellate Tribunal
Dated:
Place:
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Form - II
(See rule 16)
Form of oath of secrecy for Chairperson or Members of the National
Company Law Appellate Tribunal
"I, ............, having been appointed as Chairperson or member of the
National Company law Appellate Tribunal
do solemnly affirm
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 Chairperson or member of the said Tribunal except
as may be required for the due discharge of my duties as Chairperson or
member."
Signature: .................
(Name of the Chairperson/
Judicial/
Technical Member)
Designation: .................
National Company Law Appellate Tribunal
Dated:
Place:
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Form - III
(See rule 17)
Declaration financial or other interest
I, ................., having been appointed as the Chairperson or Member
(cross out portion not applicable) of the National Company Law Appellate
Tribunal, do solemnly affirm and declare that I do not have, nor shall have
in future any financial or other interest which is likely to affect prejudicially
my functioning as the Chairperson or Member (cross out portion not
applicable), of the National Company Law Appellate Tribunal.
Signature: .................
(Name of the Chairperson/
Judicial/
Technical Member)
Designation: .................
National Company Law Appellate Tribunal
Dated:
Place:
[File No. 1/30/2013-CL.V Part II]
(Amardeep Singh Bhatia)
Joint Secretary to the Govt. of India
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