• Sep
  • 20
  • 2012

Only High Court Judge To Be President Of CESTAT, VPs Post Abolished

Government of India
Ministry of Finance
Department of Revenue

Dated: August 31, 2012

NOTIFICATION

In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the President hereby makes the following rules to further amend the Customs, Excise And Service Tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1987, namely:

1. (i) There rules may be called the Customs, Excise and Service Tax Appellate Tribunal Members (Recruitment and Conditions of Service) Amendment Rules, 2012.

(ii) They shall come into force on the date of their publication in the official Gazette.

2. In rule 2, clause (h) shall be deleted.

3. In rule 5, the word ‘Vice President‘ appearing twice shall be deleted.

4. In rule 10, the following shall be deleted/substituted -
(i) Clause (b) of sub-rule (1) shall be deleted.
(ii) Sub-rule (2) shall be deleted.
(iii) Sub-rule (3) shall be substituted as under:

The President shall hold the office as such for a term of 5 years from the date on which he enters upon his office;
provided that no President shall hold office as such after he has attained the age of sixty-eight years
.”

5. Rule 12 shall be deleted.

6. In Rule 14, sub-rule (1) shall be substituted as under :

(I) The pay scales of the President and the Members shall be as under:

President: Rs. 80,000 (Fixed)
Member: Rs. 75,500-annual increment 3% – 80,000

7. Rule 16 shall be substituted as under:

Age of Superannuation -

A Member shall hold office as such for a term of 5 years from the date on which he enters upon his office, extendable by one more term of 5 years;

provided that no Member shall hold office as such after he has attained the age of sixty-five years.”

8. Rule 21 of the principal rules shall be substituted as under :

The posts of Judicial Member and Technical Member are exempted from the operation of the reservation orders.”

F.No. A.50050/22/2011-Ad.IC (CESTAT)
(M L Meena)
Joint Secretary

Note: – Principal Rules published vide GSR No. 168(E) dated 26.02.1987, published on 14.03.1987. Further amended vide GSR No. 707(E) dated 12.11.1993; GSR No. 360(E) dated 25.04.1995; GSR No. 259(E) dated 14.05.1997 and GSR No. 390 dated 29.10.2003.


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