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Core Purpose

Tribunal (Conditions of Service) Second Amendment Rules, 2023, issued under section 3 of the Tribunal Reforms Act, 2021, mandating resignation or retirement from parent service for judges appointed as Tribunal Chairperson or Member and barring pension, provident fund and gratuity for Tribunal service.

Detailed Summary

The Ministry of Finance (Department of Revenue), exercising powers under section 3 of the Tribunal Reforms Act, 2021 (33 of 2021), notified the Tribunal (Conditions of Service) Second Amendment Rules, 2023, G.S.R. 655(E) dated 5th September 2023, effective from the date of Gazette publication, further amending the Tribunal (Conditions of Service) Rules, 2021, the principal rules notified vide G.S.R. 635(E) dated 15th September 2021 and last amended vide G.S.R. 444(E) dated 16th June 2023. A new Rule 7A is inserted requiring a person appointed as Chairperson or Member who is a serving Judge of the Supreme Court or a High Court, or a serving Member of an organised service, to resign or obtain voluntary retirement from their parent service before joining the Tribunal. Rule 13 is substituted to provide that pension, provident fund and gratuity shall not be admissible for service rendered in the Tribunal. The notification, F. No. A-50050/33/2023-CESTAT-DOR-Part(1), is signed by Manoj Kumar Singh, Director.

Full Text

EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 514] NEW DELHI , TUES DAY, SEPTEMBER 5, 2023/ BHADRA 14, 1945 CG-DL-E-05092023-248558 MINISTRY OF FINANCE (Department of Revenue ) NOTIFICATION New Delhi, the 5th September , 2023 G.S.R. 655(E).—In exercise of the powers conferred under section 3 of the Tribunal Reforms Act, 2021 (33 of 2021), the Central Government hereby makes the following rules further to amend the Tribunal (Conditions of Service) Rules, 2021, namely: - 1. (1) These rules may be called the Tribunal (Conditions of Service) Second Amendment Rules, 2023. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Tribunal (Conditions of Service) Rules, 2021 (hereinafter referred to as the said rules ), after Rule 7, the following rule shall be inserted, namely :- “7A Retirement or resignation from parent service on appointment as Chairperson or Member. — Where the person appointed as a Chairperson or a Member is a serving Judge of the Supreme Court or a High Court or a serving Member of an organised service , he shall either resign or obtain voluntary retirement from his parent service before joining the Tribunal .” 3. In the said rules, for rule 13 , the following rule shall be substituted, namely :- “13. Pension, Provident Fund and Gratuity. — Pension , Provident Fund and gratuity shall not be admissible for the service rendered in the Tribunal .” [F. No. A -50050/33/2023 -CESTAT -DOR -Part(1) ] MANOJ KUMAR SINGH , Director Note: The Principal rules were notified vide notification number G.S.R. 635 (E) dated the 15th September, 2021 and last amended vide notification number G.S.R. 444 (E) dated the 16th June, 2023. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delh i-110054.

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