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Core Purpose

Notification of the India International Arbitration Centre (Manner of Appointment and Powers and Functions of the Chief Executive Officer) Regulations, 2023, made under the India International Arbitration Centre Act, 2019.

Detailed Summary

The India International Arbitration Centre (IIAC), by notification F. No. A-60011/117/2023-Administration(AR)-IIAC dated 5th October 2023, in exercise of powers conferred by sub-clauses (c) and (d) of sub-section (2) of Section 31 of the India International Arbitration Centre Act, 2019 (17 of 2019), makes the India International Arbitration Centre (Manner of Appointment and Powers and Functions of the Chief Executive Officer) Regulations, 2023, effective from the date of publication in the Official Gazette. The regulations provide that the Centre (established under Section 3 of the Act) shall be the appointing authority for the Chief Executive Officer (appointed under Section 21 of the Act), who shall receive pay at Level-15 (Rs.182200-224100) of the pay matrix and allowances admissible to a Central Government officer of corresponding pay. Appointment shall be by direct recruitment or deputation (including short-term contract) per Department of Personnel and Training guidelines. Eligibility for direct recruitment requires a minimum age of forty-five years, a Bachelor's degree in Law, Management, Economics, Public Administration or another subject from a recognised University or Institute, and a minimum of twenty years' post-qualification experience in law, management, administration or finance, preferably in arbitration; deputation eligibility extends to Central/State Government, Court, Tribunal or Autonomous Body officers not less than forty-five years old holding an analogous post or a Joint Secretary-equivalent post for at least two years. The maximum deputation appointment age is fifty-six years, with deputation terms not ordinarily exceeding three years (extendable per DoPT orders); direct-recruitment terms are capped at three years or attainment of age sixty, whichever is earlier, with eligibility for reappointment. Disciplinary proceedings, house rent allowance, and other service conditions (pay, leave, provident fund, superannuation, pension, medical facilities) follow those applicable to Group 'A' Central Government officers of corresponding pay scale. Regulation 13 disqualifies from appointment any person who has contracted a bigamous marriage, subject to an exemption power of the Central Government. Regulation 14 enumerates the Chief Executive Officer's functions, including day-to-day administration, administrative control over Centre staff, human resource management, coordination with the Central Government and Secretariat, procurement under the General Financial Rules, 2017, facility management, preparation of annual accounts and annual reports for laying before Parliament, and ensuring compliance with the Right to Information Act, 2005 (22 of 2005). The Centre may relax the regulations for any class of persons with prior Central Government approval. The notification is signed by Hemant Gupta, Chairperson.

Full Text

6323 GI/202 3 (1) EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 682] NEW DELHI , THURS DAY , OCTOBER 5, 2023/ ASVIN A 13, 1945 CG-DL-E-07102023-249261 INDIA INTERNATIONAL ARBITRATION CENTRE NOTIFICATION New Delhi, the 5th October, 2023 F. No. A -60011/117/2023 -Administration(AR) -IIAC . - In exercise of the powers conferred by sub - clauses (c) and (d) of sub -section (2) of section 31 of the India International Arbitration Centre Act, 2019 (17 of 2019), the India I nternational Arbitration Centre hereby makes the following Regulations, namely: - 1. Short title and commencement . – (1) These regulations may be called the India International Arbitration Centre (Manner of Appointment and Powers and Functions of the Chie f Executive Officer) Regulations, 2023. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions . - (1) In these regulations unless the context otherwise requires, - (a) “Act” means India International Arbit ration Centre Act, 2019; (b) “Centre” means the India International Arbitration Centre, established and incorporated under section 3 of the Act; (c) “Chief Executive Officer” means the Chief Executive Officer appointed under section 21 of the Act. (2) The other words and expressions used herein but not defined shall have the same meaning respectively assigned to them in the Act. 3. Appointing authority. – The Centre shall be the appointing authority of the Chief Executive Officer. 4. Pay and allowances. - The Chief Executive Officer shall receive pay in the level -15 (Rs.182200 -224100) in the pay matrix and other allowances and benefits, as are admissible to the Central Government officer holding the post carrying the same pay. 5. Method of recruitment. – The Chief Executive Officer shall be appointed by direct recruitment or by deputation (including short -term contract) in accordance with the applicable guidelines, orders and instructions issued from time to time by the Depart ment of Personnel and Train ing in this regard. 6. Eligibility criteria. – (1) For the direct recruitment, the following criteria shall be required to be fulfilled, namely: - (i) Age -limit: Not less than forty -five years; (ii) Possessing a Bachelor’s degree in Law or Management or Economics or Public Administration or any other subject, from a recognised University or Institute and; (ii) Minimum twenty years of post -qualification experience in the field of law; or management or administration or financ e, preferably in the field of arbitration. (2) The Officers of the Central Government or State Government or Union territory administration or Courts or Tribunals or Autonomous bodies or recognised Universities, who are not less than forty -five years of age, and - (a) (i) holding analogous post on regular basis; or (ii) holding a post of Joint Secretary to the Government of India or equivalent for a minimum period of two years and having experience of working in areas of administrat ion or law, preferably in t he field of arbitration; and (b) possessing a Bachelor’s degree in Law or a degree in Management or Economics or Public Administration or any other subject, from a recognised University or Institute, shall be eligible for appoi ntment on deputation. 7. Term of appointment. – (1) The maximum age -limit for appointment on deputation shall be not be exceeding fifty-six years as on the closing date of the receipt of applications. (2) In case of appointment on deputation basis, the term of appointment of the Chief Executive Officer shall not ordinarily exceed three years. (3) The term of the Chief Executive Officer appointed on deputation may be extended in accordance with the applicable orders and instructions issued from time t o time by the Department of Personnel and Training. (4) In case of appointment by direct recruitment, the term of appointment of the Chief Executive Officer shall be for a maximum period of three years or till attaining the age of sixty years, whichever is earlier, provided that h e shall be eligible for reappointment. 8. Procedure for appointment. - The guidelines, orders and instructions issued by the Department of Personnel and Training from time to time shall be followed for appointment to the post of Chief Executive Officer. 9. Absorption . - Notwithstanding anything in these regulations, the persons appointed as Chief Executive Officer, shall not be eligible to be considered for absorption. 10. Disciplinary proceedings . - The disciplinary proc eedings against the Chief E xecutive Officer shall be as per rules and regulations applicable to officers belonging to Group A in the corresponding scales of pay of the Central Government. 11. Accommodation. - The Chief Executive Officer shall be entitl ed to a house rent allowanc e at the same rate, as are admissible to officers of Group ‘A’ of the Central Government holding the post in corresponding scale of pay, stationed at those places. 12. Conditions of service . – (1) The conditions of service of the Chief Executive Officer in the matters of pay, allowances, leave, provident fund, age of superannuation, pension and retirement benefits, medical facilities and other conditions of service, shall be regulated in accordance with such rules and regulatio ns as are for the time bein g applicable to officers belonging to Group ‘A’ in corresponding scales of pay in the Central Government. (2) The conditions of service referred to in sub -regulation (1) shall also apply to the Chief Executive Officer appointed by direct recruitment. 13. Disqualification . —No person, - (a) who has entered into or contracted a marriage with a person having a spouse living; or (b) who, having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appo intment to any of the said posts: Provided that the Central Government may, if satisfied that such marriage is permissible under personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exemp t any person from the operation of this rule. 14. Powers and functions of Chief Executive Officer. - The Chief Executive Officer shall have the following functions and powers, which would be exercised in consultation with the C entre, namely: - (i) the d ay-to-day administration of the Centre; (ii) the Chief Executive Officer shall have administrative control over the officers and other employees of the Centre; (iii) human resource management like filling up of vacancies, prom otion, pay fixation; (iv) coordinating with the Central Government and the Secretariat; (v) procurement of goods and services for the Centre strictly as per the provisions of General Financial Rules, 2017 and other guidelines of the Central Government is sued from time to time; (vi) facility management (Maintenance of building, hiring of equipment and vehicles) (vii) the preparation of the annual accounts, statement of revenue and expenditure and the execution of the budget of the Centre, regular monito ring and reviewing of expen diture and receipts; (viii) preparation of annual report of the Centre covering all activities of the Centre during the previous year, preparation of annual accounts of the Centre and ensuring laying in the Parliament as per the policy and instructions issued from time to time; (ix) all steps to promote the objectives of the Centre; (x) ensuring compliance of Government instructions, policies, guidelines particularly those relating to procurement, grievance redressal mechanism, Right to Information Act, 2005 (22 of 2005); (xi) other activities like bringing innovation, equity and transparency in the working of the Centre, branding of the Centre, publicity of the activities of the Centre, management of litigation of the Centre e tc; (xii) performing such other functions, or exercising such other powers, as may be assigned by the Centre from time to time. 15. Power to relax. -Where the Centre is of the opinion that it is necessary or expedient so to do, it may, by order and for reasons to be recorded in w riting, relax any of the provisions of these regulations with respect to any class or category of persons with the prior approval of the Central Government. 16. Residuary provisions. - Matters with respect to which no express provision has been made un der these regulations shall be referred by the Centre to the Central Government for its decision. HEMANT GUPTA, Chairperson [ADVT. -III/4/Exty./ 461/2023 -24] Uploaded by Dte. of Printing at Gov ernment of India Press, Rin g Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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