New Rules on Retirement and Benefits for Tribunal Members
Simplified Explanation of Notification G.S.R. 655(E) – Tribunal (Conditions of Service) Second Amendment Rules, 2023
Heading: New Rules on Retirement and Benefits for Tribunal Members
Purpose of the Notification:
Notification G.S.R. 655(E) amends the Tribunal (Conditions of Service) Rules, 2021 by introducing a new rule regarding the retirement or resignation of members appointed to the Tribunal, and by updating the rules related to pension, provident fund, and gratuity. These changes are intended to clarify the conditions of service for tribunal members.
1. Overview of the Amendments
- Insertion of Rule 7A: Retirement or Resignation
- What it Covers: Rule 7A stipulates the requirement for individuals appointed as Chairpersons or Members of the Tribunal who are currently serving in other significant positions, such as Judges of the Supreme Court or High Court or members of organized services.
- Key Point:
- Individuals who are serving Judges or members of organized services must either resign or obtain voluntary retirement from their current positions before they can take up a role as Chairperson or Member of the Tribunal.
Example:
A serving High Court Judge is appointed as a Member of the Tribunal. According to Rule 7A, the Judge must either resign from the High Court or obtain voluntary retirement before joining the Tribunal.
- Substitution of Rule 13: Pension, Provident Fund, and Gratuity
- What it Covers: Rule 13 addresses the entitlements related to pension, provident fund, and gratuity for Tribunal members.
- Key Point:
- Tribunal members will not be eligible for pension, provident fund, or gratuity benefits for the service rendered while serving in the Tribunal.
Example:
A person serving in the Tribunal will not receive pension, provident fund, or gratuity benefits based on their Tribunal service. These benefits are not applicable to the time spent in the Tribunal.
2. Summary
Purpose:
- The new rules ensure clarity regarding the retirement or resignation requirements for Tribunal members who are appointed from other significant public service roles.
- They also make it clear that Tribunal members will not be eligible for pension, provident fund, or gratuity for their Tribunal service.
Impact:
- For Appointees: Individuals appointed to the Tribunal must comply with the new rule regarding resignation or retirement from their previous service.
- For Tribunal Members: No pension, provident fund, or gratuity benefits will be provided for their Tribunal service.
Effective Date:
- These rules come into force on the date of their publication in the Official Gazette.
In essence, Notification G.S.R. 655(E) clarifies the service conditions for Tribunal members, focusing on their transition from previous roles and updating their benefit entitlements.