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EXTRAORDINARY
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PART II—Section 3—,Sub-section (i)
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11- 919
Regulatory Authority of India Act, 2008 (27 of 2008), the Central Government
hereby m ales the following rules regulating the salary and allowances payable to,
and other terms and conditions of service of, Chairperson and Nleinbcrs of tific
(2) The ∎ shall come into lone on the date of their publication in the Official
Gazette.
(2) All other words and expressions used in these rules but not defined, shall
have the same meanings respectively assigned to them in the Act..
Provided that in cease the retired Judge of the Supreme Court or the•ret i red
Chief Justice 61 a I I igh Court, is in receipt of, or has received or has become
entitled to receive any retirement benefits by way of pension, gratuity, employers
contribution to the Contributory Provident Fund or other forms of retirement
benefits, the pay of such Chairperson shall be reduced by the gross amount of
pension or cluPloYc•s contribution to the Contributory Proviiicnt Fund or All\
other form of retirement benefits, if any (except pension equivalent of gratuity).
drawn or to be drak ∎ n by him.
made under the Act, or the High Court JudgeS Act, 1954 (28 of 1954), I ligh Court
Judges (Travelling Allowances) Rules, 1956 and any other rule made under the
Act, as the ease may be..
(a) serving Judge of the Supreme Court or Chief Justice of a I ligh Court
• ap.pointed as Chairperson continues to be Chairperson after his
retirement from service as a Judge of the Supreme Court or Chief Justice
of a I high Court, he shall be governed matter relating to his rights in
respect of leave by the Central Civil Services (Leave) Rules, 1972, from the
date of his retirement as a Judge of the Supreme Court, as the case may
be, of the Chief Justice of a high Court, for the remaining period of his
term of office,
(b) a person, not being a serving Judge of the Supreme Court or serving Chief
Justice of a High Court, appointed as Chairperson shall be governed in
matters relating to his rights in respect of leave by the Central Civil
Services (Leave) Rules, 1972;
(2) The payment of leave salary to the person appointed as Chairperson after
his retirement from t he Supreme Court or the High Court and Members during
leave shall be governed by rule 40 of the Central Civil Services (Leave) Rules,
1972;
14 TRE . GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)J
(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 condition that
maximum leave encashment, including received at the time of ,retirement from
previous service shall not in any case exceed three hundred days.
Minister in charge of Ministry of Civil Aviation, and in the case of a Member, the
Chairperson, shall be the leave sanctioning authority:
9. Pension. The Chairperson and a Member shall have the option either to
-
(b) The retired Judge of the Supreme . Court or the Chief Justice of Iligh Courts
appointed as the Chairperson and Members of Appellate Tribunal, while on tour
or on transfer (including the journey undertaken to join Appellate Tribunal • or on
the expiry of his term with the Appellate Tribunal to proceed to his home town)
shall be entitled to traveling allowance, daily allowances, transportation of
personal elThels and other similar matters at the same scale and at the same rates
as are applicable to Group 'A' Officers of the Central Government or State
Government drawing an equivalent pay.
i. Leave Travel Concession. - The Chairperson and Members of
Appellate Tribunal shall be entitled to Leave Travel Concession for self and family
as admissible to re-employed pensioners of the highest grade in the Central
C0VVI'1111WIli.
hospital facilities as provided in the Contributory I leallh Services Rules, 1954 and
in places where Central Health Services Scheme is not in operation, the
Chairperson and Member shall be entitled to the facilities as provided in I he
Central Services (Medical Attendance) Rules, 1911.1.
(b) A Member shall he eligible for a fixed reimbursement for the use and
maintenance of his personal car for transportation between residence and office
as laid down by the Department of Personnel and Training from time to time.
(b) Outside Delhi, the Chairperson and the members shall be entitled to rented
unfurnished accommodation as laid down by the Department of Personnel and
Training from time to lime.
15. Official visits abroad. - (1) The Chairperson may undertake official
visits abroad with the prior approval of the Minister-in-charge of the Ministry of
Civil Aviation and the members with the prior approval of the Chairperson, after
clearance from the Ministry of External Affairs from political angle and from the
Ministry of 1 lome Affairs for acceptance of foreign hospitality, if any, under the
provisions of the Foreign Contribution (Regulation) Act, 1976 (49 of 1976).
(2) The daily allowance and provision of hotel accommodation during the
period of tour abroad in ease of Chairperson .-shall be regulated in accordance
with his entitlement before joining the Appellate Tribunal and in case of
Members shall he regulated in accordance with the instructions of the 'Central
Government as applicable to Group 'A' officers of the Central Government
drawing an equivalent pay.
(3) The Indian missions abroad shall take care of arrangements and extend
facilities as admissible to the Chairperson and the Member.
16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART 11—SEc. 3(i)]
(4) The visits abroad of the chairperson and the Member shall be in
accordance w'th the instructions issued by •Vlinistry of External Affairs and
Ministry of Finance as amended from time to time.
17. Oath of office and secrecy. - (1) Every person appointed as the
Chairperson shall, before entering upon his office, make and subscribe an oath of
Office and secrecy in Form 1 and Form II respectively, annexed to these rules.
(2) Every person appointed as a member shall, before entering upon his office,
make and subscribe an oath of office and secrecy in Form I and Form II
respectively, annexed. to these rules.
i8. Declaration of financial or other interest. - Ever): person, on his
appointment as the Chairperson or Member, as the case may be, shall -„ive a
declaration in Form Ill annexed to these rules, to the satisfaction of t Central
Government; that he does not have any such financial or other inte °1--. st as is I i t<Vi n
to affect prejudicially his functions as Chairperson Or Mend n e: , as the (.,:se may
be.
19. Residuary provisions. - Where the tonditiims oi . service of the
Chairperson or Member, for which no exp:,,s provision h been made in th..‘,e
rules, the Appellate Tribunal may refer such matt et . t; 'w the Central Go% eminent
for its decision.
20. PM% er, to relax.— The Central Government shall have the power to
relax any provision of these rules with respect to any class or category of persons.
[F. No. A. 12023/001/2009-AD (WADI
Form I
(Sec rule 17)
do solemnly affirm
(Signature)
Name
Designation
Place
Date
0 8 55 4J/ti - 3
18 THE GAZETTE OF INDIA : EXTRAORDINARY [PART 11—SEC. 3(i)]
Form II
(See rule 17)
" I,
, having been appointed as - Chairperson or
Member of the Airports Economic Regulatory Authority Appellate Tribunal
do solemnly affirm.
(Signature)
Name
Designation
Place
Date
NUT 11—t5u4 3(i)) tad ttwvx . tiTiut
: 3T111 19
Form III
(Sec rule 18)
(Signature)
Name
Designation
Place
Dale
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and Published by the Controller of Publications, Delhi-110054.