Bills introduced in the Rajya Sabha on the 19th February, 2014.

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—14 REGISTERED NO. DL—(N)04/0007/2003—14 vlk/kkj.k EXTRAORDINARY Hkkx [k.M II — 2 PART II—Section 2 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lña ubZ fnYyh] cq/kokj] Qjojh 19] 2014@ ek?k 30] 1935 ¼'kd½ 8] No. 8] NEW DELHI, WEDNESDAY, FEBRUARY 19, 2014/ MAGHA 30, 1935 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. I RAJYA SABHA ———— The following Bills were introduced in the Rajya Sabha on the 19th February, 2014:— BILL NO. VII OF 2014 A Bill to provide for uniform conditions of service of the Chairman and Members, by whatever name called, of certain Tribunals, Appellate Tribunals and other authorities and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:– CHAPTER I PRELIMINARY 1. (1) This Act may be called the Tribunals, Appellate Tribunals and Other Authorities Short title (Conditions of Service) Act, 2014. and com- mencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In this Act, unless the context otherwise requires,–– (a) “Appellate Tribunal” means appellate tribunal mentioned in column (2) of the First Schedule established or constituted under the provisions of any of the corresponding specified Acts mentioned in column (3) of the said Schedule; (b) “Authority” means an authority mentioned in column (2) of the First Schedule established or constituted under the provisions of any of the corresponding specified Acts mentioned in column (3) of the said Schedule; (c) “Board” means a board mentioned in column (2) of the First Schedule established or constituted under the provisions of any of the corresponding specified Acts mentioned in column (3) of the said Schedule; (d) “Chairman” means a Chairman of a Tribunal, Appellate Tribunal, Board, Commission or Authority, by whatever name called, appointed under the provisions of the specified Acts; (e) “Commission” means a Commission mentioned in Colum (2) of the First Schedule, established or constituted under the provisions of any of the Corresponding specified Acts mentioned in cloumn (3) of the said Schedule; (f) “Member” means a Member, other than ex officio Member, of a Tribunal, Appellate Tribunal, Board, Commission or Authority, appointed under the provisions of the specified Acts; (g) “Schedule” means any of the Schedules annexed to this Act; (h) “specified Acts” means Acts specified in column (3) of the First Schedule; (i) “Tribunal” means a tribunal mentioned in column (2) of the First Schedule established or constituted under the provisions of any of the corresponding specified Acts mentioned in column (3) of the said Schedule. CHAPTER II CONDITIONS OF SERVICE Application 3. Notwithstanding anything to the contrary contained in the provisions of the specified of Act. Acts, the provisions of this Act shall apply to the Chairman and Members appointed under the specified Acts: Provided that the provisions of this Act shall not apply to the Chairman and other Members, as the case may be, holding such office immediately before the commencement of the said Act. Term of 4. The Chairman and every other Member shall hold office as such for a term of five office. years from the date on which he enters upon his office and shall be eligible for reappointment for another term: Provided that no Chairman or other Member shall hold office as such after he has attained,— (a) in the case of Chairman or Member who has been a Judge of the Supreme Court, the age of seventy years; (b) in the case of the Chairman or Member who has been a Chief Justice or Judge of a High Court, the age of sixty-seven years; (c) in the case of any other Chairman or Member, the age of sixty-five years. 5. A person who, immediately before the date of assuming office as the Chairman or, Chairman and Members as the case may be, a Member, was in service of the Government, shall be deemed to have deemed to retired from service on the date on which he enters upon his office as such Chairman or retire from Member. service.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3 6. If a person who, immediately before the date of assuming office as the Chairman or Suspension of other Member, as the case may be, was in receipt of, or being eligible so to do, has opted to pension. draw, a pension, other than a disability or wound pension, in respect of any previous service under the Government, his salary in respect of service as the Chairman or other Member, as the case may be, shall be reduced– (a) by the amount of that pension; and (b) if he had, before assuming office, received, in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension. 7. No person while holding office as the Chairman or Member shall act as an arbitrator Prohibition in any matter: of acting as arbitrator. Provided that the Central Government may, on a request made in this behalf and after examining the request on a case to case basis, permit a Chairman or Member to complete his uncompleted arbitration work at the time of his appointment. 8. On ceasing to hold office, the Chairman or a Member, as the case may be, shall not Prohibition appear, act or plead before the Tribunal, Appellate Tribunal, Board, Commission or Authority of practice. of which he has been such Chairman or Member. 9. Notwithstanding anything contained in section 3, the Chairman and Members shall Allowances of be entitled to the allowances specified in the Second Schedule and travelling allowance Chairman and Members. specified in the Third Schedule. 10. The Chairman or Member who is not a sitting or retired Judge or a retired Central Medical Government servant shall also be eligible to avail the benefit of Central Government Health facilities. Scheme for the duration of his tenure as Chairman or Member of such bodies. 11. The Chairman or Member shall, before entering upon his office, make and subscribe Oath of to an oath of office and secrecy in the form specified in the Fourth Schedule. office and secrecy. 12. The Chairman and Member shall, before entering upon his office, declare his Declaration assets and liabilities and financial and other interests. of financial and other interests. 13. (1) If the Central Government is satisfied that it is necessary or expedient so to do, Power to it may by notification published in the Official Gazette, amend the Schedule and thereupon amend Schedule. the Schedule shall be deemed to have been amended accordingly: Provided that only such Tribunal, Appellate Tribunal, Board, Commission or Authority, shall be included in the First Schedule which has a sitting or retired Supreme Court or High Court Judge as Chairman or Member. (2) A copy of every notification issued under sub-section (1) shall be laid before each House of Parliament as soon as may be after it is issued. CHAPTER III LEAVE 14. (1) Subject to the provisions of this Act, leave granted to a Chairman or Member Kinds of may be at his option either,— leave admissible. (a) leave on full allowances (including commuted leave on half allowances on medical certificate); or (b) leave on half allowances; or (c) leave partly on full allowances and partly on half allowances.4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) For the purposes of this Chapter, any period of leave on full allowance shall be reckoned as double that period of leave on half allowance. Leave 15. (1) A leave account shall be kept showing therein the amount of leave due to the account. Chairman or Member in terms of leave on half allowance. (2) In the leave account,— (a) there shall be credited to such Chairman and Member— (i) one-fourth of the time spent by him on actual service; (ii) where by reason of his having been detained for the performance of duties not connected with the Tribunal, Appellate Tribunal, Board, Commission or Authority, he could not enjoy any vacation which he would otherwise have been entitled to enjoy had he not been so detained, a period equal to double the period by which the vacation enjoyed by him in any year falls short of one month as compensation for the vacation not enjoyed; (b) there shall be debited to him all leave with allowances taken by him. Explanation.—For the purposes of this section the expression “actual service” shall include— (a) time spent by a Chairman or Member on duty; (b) vacations, excluding any time during which the Chairman or Member is absent on leave. Leave 16. A Chairman or Member shall be entitled in his entire service including the period encashment. of service rendered in a pensionable post under the Union or State or on re-employment, if any, to claim the cash equivalent of leave salary on full allowances on his retirement in respect of the period of earned leave at his credit to the extent of maximum period of three hundred days. 17. Leave on half allowances, not exceeding more than six months, may be granted in Leave not due. excess of the amount at his credit during the whole period of his service: Provided that no such leave shall be granted if he is not expected to return to duty at the end of such leave and earned leave so granted. 18. Extraordinary leave may be granted for a period not exceeding six months, during Extra- ordinary the whole period of his service in excess of any leave permissible under the provisions of this leave. Chapter, but no salary or allowances shall be payable during, or in respect of, such leave. 19. Casual leave not exceeding fourteen days may be granted in a calendar year. Casual leave. 20. (1) Leave sanctioning authority for Members shall be Chairman and for Chairman, Sanctioning authority for it shall be the Minister of the concerned Ministry, who will also be the sanctioning authority leave and for Members, in case of absence of Chairman. foreign travel. (2) Sanctioning authority for foreign travel shall be the Minister of the concerned Ministry.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5 FIRST SCHEDULE [See section 2 (a), (b), (c), (e), (g) and (i)] Sl. Tribunal/Appellate Tribunal / Specified Acts No. Authority/Board/Commission (1) (2) (3) 1. Company Law Board The Companies Act, 1956 (1 of 1956) 2. Cyber Appellate Tribunal The Information Technology Act, 2000 (21 of 2000) 3. Central Administrative Tribunal The Administrative Tribunals Act, 1985 (13 of 1985) 4. State Administrative Tribunal The Administrative Tribunals Act, 1985 (13 of 1985) 5. Joint Administrative Tribunal The Administrative Tribunals Act, 1985 (13 of 1985) 6. Income-Tax Appellate Tribunal The Income-tax Act, 1961 (43 of 1961) 7. Authority for Advance Rulings The Income-tax Act, 1961(43 of 1961) 8. Telecom Disputes Settlement and The Telecom Regulatory Authority of Appellate Authority India Act, 1997 (24 of 1997) 9. Coastal Aquaculture Authority The Coastal Aquaculture Authority Act, 2005 (24 of 2005) 10. Appellate Tribunal for Electricity The Electricity Act, 2003 (36 of 2003) 11. Appellate Tribunal for Foreign Exchange The Foreign Exchange Management Act, 1999 (42 of 1999) 12. Film Certification Appellate Tribunal The Cinematograph Act, 1952 (37 of 1952) 13. National Green Tribunal The National Green Tribunal Act, 2010 (19 of 2010) 14. Securities Appellate Tribunal The Securities and Exchange Board of India Act, 1992 (15 of 1992) 15. Customs, Excise and Service Tax The Customs Act, 1962 (52 of 1962) Appellate Tribunal 16. Authority for Advance Rulings The Customs Act, 1962 (52 of 1962) (Central Excise, Customs and Service Tax) 17. Armed Forces Tribunal The Armed Forces Tribunal Act, 2007 (55 of 2007) 18. Competition Appellate Tribunal The Competition Act, 2002 (12 of 2003) 19. National Consumer Disputes Redressal The Consumer Protection Act, 1986 Commission ( 68 of 1986) 20. Debts Recovery Appellate Tribunal The Recovery of Debts due to Banks and Financial Institutions Act, 1993 (51 of 1993)6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (1) (2) (3) 21. Intellectual Property Appellate Board The Trade Marks Act, 1999 (47 of 1999) 22. Railway Claims Tribunal The Railway Claims Tribunal Act, 1987 (54 of 1987) 23. National Industrial Tribunal The Industrial Disputes Act, 1947 (14 of 1947) 24. Press Council of India The Press Council Act, 1978 (37 of 1978) 25. National Highways Tribunal The Control of National Highways (Land and Traffic) Act, 2002 (13 of 2003) 26. Airports Economic Regulatory Authority The Airports Economic Regulatory Appellate Tribunal Authority of India Act, 2008 (27 of 2008)SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7 SECOND SCHEDULE [See section 9] ALLOWANCES OF CHAIRMAN AND MEMBERS OF TRIBUNALS, ETC. Allowances Chairman Members (1) (2) (3) Free furnishing at official Consolidated sum of Consolidated sum of residence Rs. 3,00,000 Rs. 2,00,000 Sumptuary allowance Rs. 5,000 per month Rs. 2,000 per month Water and electricity 3,600 kilo litres per annum 3,600 kilo litres per annum and and 10,000 units per annum 10,000 units per annum Conveyance facility Staff car with up to 200 litres Staff car with up to 200 litres of fuel per month of fuel per month Leave Travel Concession Twice a year Twice a year Telephone facility Rs. 2,800 per month (exclusive Rs. 2,800 per month (exclusive of taxes) with permission to of taxes) with permission to reimburse up to thirty per cent. reimburse up to thirty per cent. additional additional.8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— THIRD SCHEDULE [See section 9] TRAVELLING ALLOWANCE OF CHAIRMAN AND MEMBERS OF TRIBUNALS, ETC. Sl. No. Type Admissibility 1. Air Business/Club class 2. Rail A reserved two-berth compartment of the highest class, and take his wife along with him without payment of the fare if such a compartment is provided; or actual fare paid, whichever is less. 3. Daily allowance Not exceeding Rs. 5,000 per day for hotel/guest house accomodation and food bill not exceeding Rs. 500 per day or actual expenses whichever is less. Note.— The daily allowance shall be increased by 25 per cent. as and when the Dearness Allowance reaches fifty per cent. of the basic salary. 4. Ship One reserved first class cabin, if available or the fair actually paid for himself. 5. Mileage allowance Actual air conditioned taxi fare.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9 FOURTH SCHEDULE [See section 11] FORM OF OATH OF OFFICE AND SECRECY “I, _____________________________, having been appointed as the Chairman/ Member (strike out which is not applicable) do solemnly affirm and do swear in the name of God that I will faithfully and conscientiously discharge my duties as the Chairman/Member (strike out which is not applicable), of the Tribunal, Appellate Tribunal, Board, Commission or Authority (strike out which is not applicable) namely ________________________, 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 the land. Dated: (Signature and name of the Chairman/Member) Tribunal, Appellate Tribunal, Board, Commission or Authority (strike out which is not applicable), namely _________________________________”.10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The question of having uniform service conditions of the Chairpersons and Members of the various Tribunals at the national level has been engaging attention of the Government for quite some time. Recently, the Supreme Court, in the case of Rajiv Garg vs. Union of India (Civil Writ Petition No. 120/2012), has also passed an order that decision in this regard may be taken at the highest level. 2. The Government considered all issues relating to uniform service conditions particularly with regard to retirement age, tenure of appointment, re-appointment and provisions concerning residential and office accommodation for Tribunals, Appellate Tribunals and other Authorities performing quasi-judicial functions manned by the sitting or retired Judges of the Supreme Court or High Courts and also the ones manned by persons who are not the sitting or retired Judges of the Supreme Court and High Courts keeping in view all related aspects including the issues that have arisen in different cases before the Supreme Court and functions entrusted to such bodies. 3. The Bill seeks to achieve the above objects. KAPIL SIBAL.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11 FINANCIAL MEMORANDUM Clause 9 of the Bill provides that the Chairman and Members shall be entitled to the allowances specified in the Second Schedule and travelling allowance specified in the Third Schedule. The total recurring annual expenditure towards the allowances of the Chairman and Members is estimated at rupees 3 crore. The administrative Ministries or Departments bear the expenditure in respect of the Tribunals, etc., under their control. 2. The Bill does not involve any other recurring or non-recurring expenditure.12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— II BILL NO. X OF 2014 A Bill further to amend the Food Safety and Standards Act, 2006. BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:— Short title 1. (1) This Act may be called the Food Safety and Standards (Amendment) Act, 2014. and (2) It shall come into force on such date as the Central Government may, by notification commencement. in the Official Gazette, appoint. Amendment 2. In section 5 of the Food Safety and Standards Act, 2006 (hereinafter referred to as 34 of 2006. of section 5. the principal Act), in sub-section (1),— (i) for the words “twenty-two members out of which one-third shall be women”, the words, brackets and letters “twenty-three members, and out of the members referred to in clauses (b), (c), (d), (f) and (g), one-third shall be women” shall be substituted; (ii) after clause (a), the following clause shall be inserted, namely:— “(aa) Chief Executive Officer of the Food Authority, Member-Secretary ex officio;”.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 13 3. After section 7 of the principal Act, the following section shall be inserted, namely:— Insertion of new section 7A. “7A. The Chairperson shall have the powers of general superintendence and Powers of directions in the conduct of the affairs of the Food Authority and shall, in addition to Chairperson. presiding over the meetings of the Food Authority, exercise and discharge such other powers and functions of the Food Authority, as may be assigned to him by the Food Authority.”. 4. In section 92 of the principal Act, in sub-section (1), the following proviso shall be Amendment inserted, namely:— of section 92. “Provided that the Central Government may, in the public interest, by order in writing, dispense with the condition of previous publication in any case.”.14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 2] STATEMENT OF OBJECTS AND REASONS The Food Safety and Standards Act was enacted in the year 2006 with a view to consolidate the laws relating to Food in the country and to establish the Food Safety and Standards Authority of India for laying down science-based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import and to ensure availability of safe and wholesome food for human consumption. 2. Sub Section (1) of section 5 of the said Act provides for the composition of the Food Authority consisting of a Chairperson and twenty-two members, which does not include the Chief Executive Officer. It is proposed to include the Chief Executive Officer in the composition of the Food Safety and Standards Authority of India. 3. Further sub-section (1) of section 5 of the said Act provides that one-third of the members shall be women in the composition of the said Authority. Out of twenty-two Members of the said Authority 12 members are nominated by the Central Ministries, Departments, the States or Union territories. It is quite difficult to ensure appointment of 1/3rd women members out of these 12 members. This makes it imperative to appoint 7 women members out of remaining 10 part-time members representing food industry, consumers' organisations, eminent food technologists and scientists, farmers' organisations and retailers' organisations. Therefore, it is proposed to amend sub-section (1) of section 5 of the said Act so as to provide that the provision regarding one-third members being women, shall be applicable to the members referred to in clauses (b), (c), (d), (f) and (g) of sub-section (1) of section 5 of the said Act. 4. Section 5 of the said Act empowers the Central Government to appoint the Chairperson in such a menner so as to secure the highest standards of competence and relevant expertise. The Chairperson is expected to not only guide the organisation in its initial stages but also help in laying down systems, procedures and structures to enable the said Authority to function as per the legal mandate. The Act, however, does not specifically provide for this essential role of guiding and overseeing the work of the said Authority, though under section 16 of the Act, the said Authority is mandated to regulate and monitor the manufacture, processing, distribution, sale and import of food so as to ensure safe and wholesome food. As laid down in the preamble to the Act, it is necessary to provide a single line of command in the Food Authority to provide direction and accountability. Therefore, it is proposed to insert section 7A in the said Act to address the need for continuity of policies, enabling the Chairperson to guide the affairs of the Food Authority. 5. The section 92 empowers the said Authority to make regulations by notification with the previous approval of the Central Government and after previous publication. It is proposed to amend the said section so as to empower the Central Government to dispense with the condition of previous publication in certain cases, in the public interest. 6. The Bill seeks to achieve the above objects. GHULAM NABI AZAD. ———— SHUMSHER K. SHERIFF, Secretary-General. PUBLISHED BY THE SECRETARY-GENERAL, RAJYA SABHA, UNDER RULE 68 OF THE RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE RAJYA SABHA. GMGIPMRND—4654GI(S3)—21-02-2014.