THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—SF.C 3(I)]

1. Short title and commencement.-- (1) These rules may be called the Review

Committee (Qualifications for appointment and other conditions of service of thir

Chairperson and members) Rules, 2002,

(2) They shall come into lbrce on the date of their publication in the

Official Gazette.

2. Definitions:- In"these rules, unless the context otherwise requires,-

(a) "Chairperson"

means the Chairperson of the Review

Committee constituted under sub-section {\) of section 60 of

the Ordinance;

(b) "member" means the member of the Review Committee

constituted under sub-section (1) of section 60 of the

Ordinance,

Ordinance, 2001 (12 of 2001);

(d) all other words and expressions used in these rules but not

defined in these rules and defined in the Ordinance shall have

the meanings respectively assigned to them in the Ordinance.

3. Constitution.-- The Review Committee constituted by the Central Government

or, as the case may be, the State Government shall consist of a Chairperson and

such other members not exceeding three.

4. Qualifications for appointment,- (1) The Central Government or, as the case

may be, the State Government may, by notification in the Official Gazette,

appoint a person as the Chairperson of the Review Committee possessing the

qualifications as specified in sub-rule (2) of this rule.

(2) A Chairperson of the Committee shall be a person who is, or has been, a

Judge of High Court, who shall be appointed by the Central Government, or as the

case may be, the State Government, so however, that the concurrence of the Chief

Justice of the High Court shall be obtained in the case of a sitting judge;

Provided that h\ iie case of a Union territory, the appointment of a person

who is a Judge of the High Court of a State shall be made as a Chairperson with

the concurrence oi the Chief Justice of the concerned High Court.

(3) The Central Government or, as the case may be, the State Government,

may by notification in the Official Gazette, appoint a person as member of the

Review Committee who js, or has been an officer not below the rank of a

Secretary to the concerned Government or of an equivalent rank.

Salary and allowances of Chairperson and other members.-

(1) The Chairperson of the Review Committee shall be entitled to a monthly

salary and allowances at the same rate as is admissible to a Judge of a 1 ligh Court.

(2) The Chairperson of the Review Committee shall be entitled to a lent lice

accommodation.

(3) A member of Ihe Review Committee shall continue to duiw such p-i> and

allowances and other facilities as is admissible to the Secretar) to the concerned

Government.

(A) Where a person who hns been a Judae ot a limit ( taut is appoinltu as

Chairperson or, as the case may be. a person retired from service undei rhe

Government is appointed as a member aftei such retirement, the salary admissible

shall be reduced by the amount of pension or pension equivalent of any other

from of retirement benefits.

Term of Office.— The Chairperson and every member shall hold office fbt

a term ot iwo years from die dale on which he assumes ufL^.

Provided that the term of office of the member shall be coterminous with his

tenure with the Central Government or, as the case may be, the State Government

Resignation and Removal.--

(1) The Chairperson or any member may, by notice in writing under his

hand addressed to President, resign his post.

(2) The President may, by order, remove a person from the Office of the

Chairperson or member if that person, -

(i)

is adjudged an insolvent; or

(ii)

is engaged during his term of office in any paid employment

outside the duties of his office; or

(iii)

is, in the opinion of the President, unfit to continue in office by

reason of infirmity of mind or body; or

(iv)

gets convicted and sentenced to imprisonment for an offence

which in the opinion of the President involves moral turpitude; or

(v)

refuses to act or becomes incapable of acting;

Provided that the Chairperson or any member shall not be removed under

this sub-rule until he has been given a reasonable opportunity of being heard in

the matter.

Residuary Provisions.--

The matters relating to the conditions of service of the Chairperson or

other members of the Review Committee with respect to which no express

provision has been made in these rules shall be referred in each case to the Central

Government or. as the case may be, the State Government for decision and the'

decision of the concerned Government thereon shall be binding on the Review

Committee constituted by that Government.

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