The Prohibition of Benami Property Transactions (Conditions of Service of Members of Adjudicating Authority) Rules, 2019[1]
In exercise of the powers conferred by section 68 read
with sub-section (2) of section 9, sub-section (1) of section 13 of the
Prohibition of Benami Property Transactions Act, 1988 (45 of 1988) (hereafter
referred to as 'the Act'), the Central Government hereby makes the following
rules, namely:—
1. Short title
and commencement
(1) These rules may be called the
Prohibition of Benami Property Transactions (Conditions of services of Members
of Adjudicating Authority) Rules, 2019.
(2) They shall come into force on the
date[2]
of their publication in the Official Gazette.
2. Definition
(1) In
these rules, unless the context otherwise requires,-
(a) "Act" means the Prohibition of
Benami Property Transactions Act, 1988 (45 of 1988);
(b) "Search-cum-Selection Committee"
means the Search-cum-Selection Committee as referred to in rule 3;
(c) "section" means a section of the
Act.
(2) Words
and expression used and not defined in these rules but defined in the Act shall
have the same meanings respectively assigned to them in the Act.
3. Method of recruitment
(1) The
Member of the Adjudicating Authority shall be appointed by the Central
Government, on the recommendation of the Search-cum-Selection Committee
specified in sub-rule (4) in respect of the said members.
(2) The
Search-cum-Selection Committee shall determine its procedure for making its
recommendation.
(3) No
appointment of Member of the Adjudicating Authority shall be invalid merely by
reason of any vacancy or absence in the Search-cum-Selection Committee.
(4) The
Search-cum-Selection Committee for the post of the Member of the Adjudicating
Authority shall consist of,-
(i) Secretary to the Government of India,
Ministry of Finance, Department of Revenue - Chairperson;
(ii) Secretary to the Government of India,
Ministry of Law and Justice, Department of Legal Affairs - Member;
(iii) Chairperson, Central Board of Direct Taxes -
Member.
4. Medical fitness
No person shall be appointed as the
Member of the Adjudicating Authority, unless he is declared medically fit by an
authority specified by the Central Government.
5. Resignation
The Member of the Adjudicating
Authority may, by writing under his hand addressed to the Central Government,
resign his office at any time:
Provided that he shall, unless
permitted by the Central Government to relinquish his office from the date as
specified in the resignation letter, continue to hold office until the expiry
of three months from the date of receipt of such notice by the Central
Government or until a person duly appointed as a successor enters upon his
office or until the expiry of his term of office, whichever is the earliest.
6. Procedure for inquiry for removal of Member
of Adjudicating Authority
(1) If
a written complaint is received by the Central Government, alleging any charge
as referred to in clause (d) or clause (e) of the sub-section (1) of section 14
of the Act, in respect of a Member of the Adjudicating Authority, the Board
shall make a preliminary scrutiny of such complaint.
(2) If
on preliminary scrutiny, the Board is of the opinion that there are reasonable
grounds for making an inquiry into the truth of any charges in respect of the
Member of the Adjudicating Authority, it, with the approval of Central
Government, shall make a reference to the Committee constituted in this behalf
to conduct the inquiry.
(3) The
Committee shall complete the inquiry within such period, not exceeding the
period of twelve months from the date of receipt of the reference, as may be
specified by the Central Government.
Provided that where it is not
possible to complete the inquiry within the period specified by the Central
Government, the Committee may record the reasons and seek extension of time
from Central Government in writing, which may allow an additional time not
exceeding the period of six months for completion of inquiry, at a time.
(4) After
the conclusion of the inquiry, the Committee shall submit its report to the
Central Government stating therein its findings and the reasons thereof on each
of the charges separately along with such observations as it may deem fit.
(5) The
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 regulate its own procedure, including the fixing of date,
place and time of its inquiry.
7. Salary and allowances
(1) The
Chairperson of the Adjudicating Authority shall be paid a salary of Rs.
1,82,200- 2,24,100 and shall be entitled to draw allowances as are admissible
to a Central Government Officer holding post carrying the same pay.
(2) The
Member of the Adjudicating Authority 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
Central Government Officer holding post carrying the same pay.
(3) In
case a person, appointed as the Chairperson or a Member of the Adjudicating
Authority, is in receipt of any pension, the pay of such person shall be
reduced by the gross amount of pension drawn by him.
8. Pension, Gratuity and Provident Fund
(1) In
case of a member of the Indian Legal Service or a member of the Indian Revenue
Service appointed to the post of the Chairperson or Member of the Adjudicating
Authority, the service so rendered in the Adjudicating Authority shall count
for pension to be drawn in accordance with the rules of the service to which he
belongs and he shall be continued to be governed by the provisions of the
General Provident Fund (Central Services) Rules, 1960, the Contributory Provident
Fund (India) Rules, 1962 and the Contribution Pension System, if he was
governed by such provisions before his appointment as the Chairperson or the
Member.
(2) Additional
pension and gratuity shall not be admissible for service rendered in the
Adjudicating Authority.
9. Leave
(1) The
Member of the Adjudicating Authority shall be entitled to thirty days of earned
Leave for every year of service.
(2) The
Casual Leave not exceeding eight days in a calendar year shall be granted to
the Member of the Adjudicating Authority.
(3) The
payment of leave salary during leave shall be governed by rule 40 of the
Central Civil Services (Leave) Rules, 1972.
(4) The
Member of the Adjudicating Authority 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.
10. Leave sanctioning authority
(1) Leave
sanctioning authority, -
(a) for Chairperson of the Adjudicating Authority
shall be the Central Government, who shall also be sanctioning authority for
Members, in case of absence of Chairperson;
(b) for the Member of the Adjudicating Authority
shall be the Chairperson.
(2) The
Central Government shall be the sanctioning authority for foreign travel to the
Chairperson or the Member of the Adjudicating Authority.
11. Accommodation
The Members shall not be eligible
for allotment of general pool residential accommodation but they shall be
entitled to draw house rent allowance at the rates as are admissible to other
Central Government officers of equivalent pay:
Provided that if the person
appointed as Member is already in occupation of Government accommodation for
which Central Government officers of equivalent pay are eligible, he shall be
allowed to retain such accommodation from the date of his joining the
Adjudicating Authority.
12. Declaration of Financial and other Interests
The Member of the Adjudicating
Authority shall, before entering upon his office, declare his assets, his
liabilities and financial and other interests.
13. Other conditions of service
(1) The
other conditions of service of the Member of the Adjudicating Authority with
respect to which no express provision has been made in these rules, shall be
such as are admissible to a Central Government Officer of a corresponding
status.
(2) The
Member of the Adjudicating Authority shall not practice before the Adjudicating
Authority after retirement from the service of the Adjudicating Authority.
(3) The
Member of the Adjudicating Authority shall not undertake any arbitration work
while functioning in these capacities in the Adjudicating Authority.
(4) The
Member of the Adjudicating 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 Adjudicating 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).
14. Oaths of office and secrecy
Every person appointed to be the
Member of the Adjudicating Authority 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.
15. Power to relax
Where the Central Government is of
the opinion that it is necessary or expedient so to do, it may, by order for
reasons to be recorded in writing relax any of the provisions of these rules
with respect to any class or category of persons.
16. Interpretation
If any question arises relating to
the interpretation of these rules, the decision of the Central Government
thereon shall be final.
17. Saving
Nothing in these rules shall affect
reservation, relaxation of age-limit and other concessions required to be
provided for the Scheduled Castes, the Scheduled Tribes, Ex-servicemen and
other special categories of persons in accordance with the orders issued by the
Central Government from time to time in this regard.
FORM-I
(See
rule 14)
Form
of Oath of Office for the Chairperson/Member of the Adjudicating Authority
I, A. B., having been appointed as Chairperson/Member
of Adjudicating Authority do solemnly affirm/do swear in the name of God that I
will faithfully and conscientiously discharge my duties as the
Chairperson/Member of Adjudicating 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 14)
Form
of Oath of Secrecy for the Chairperson/Member of the Adjudicating Authority
I, A. B., having been appointed as
the as Chairperson/Member of Adjudicating 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 Chairperson/Member of Adjudicating
Authority except as may be required for the due discharge of my duties as the
Chairperson/Member of Adjudicating Authority.
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