CESTAT Members' Retirement Age Enhanced to 65 - Vice-President Post Abolished
UNEXPECTEDLY, a notification surfaced amending the Customs, Excise And Service Tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1987 , bringing in major changes. And as usual with these sudden and secret amendments, they are full of confusion.
The Salient Features:
1. No More Vice-President: The post of Vice-President appears to have been abolished. In the definitions, the definition of Vice-President is in Rule 2(h). Now this sub-rule is deleted. Similarly, the Rule relating to Vice-President, Rule 12 is deleted. And Rule 5 relates to initial constitution before the rules were framed. Even from this rule, the Vice-President is deleted. Strangely, the reference to Vice-President in Rule 2(c), where a Member is defined to include a Vice-President, is not deleted. What happens to the present Vice-President?
2. Only High Court Judge to be President: As of now, a serving or retired judge of a High Court or a Member of the Tribunal can be appointed as President. Now a Member of the Tribunal cannot be appointed as the President. Only serving or retired High Court judges can be appointed.
3. President to retire at 68: The President will now hold office for five years or till he attains 68 years of age, whichever is less. This Tribunal has now become a very attractive place for a retired judge who wants to work. He can do so till 68 years and that is three years more than the Supreme Court Chief Justice!
4. Members to retire at 65: Members will now be appointed for a five year tenure extendable by another five years, but they cannot hold office after they attain the age of 65. The present age of retirement for Members is 62 and for President it is 65. So, there is a three year extension for both.
5. Rs. 80,000 pay for President: As per the existing rules, the pay of the President is Rs. 26,000/- and that of the Member is Rs. 22,400-26,000. Now these are enhanced to Rs. 80,000 and Rs. 75,500-80,000 respectively. But the President and Members were getting the enhanced scales from 1.1.2006 - only the rules are amended now.
Several doubts arise:
1. When are the amendments effective? The rule says they shall come into force on the date of their publication in the official Gazette. Now, when was it published? God and Mayapuri Press know!
2. Are the amended rules prospective or retrospective? Now a Member can hold office only for a maximum of ten years - what about-existing members who have already crossed ten years? And what about existing members who have completed five years; will they be reappointed?
3. What will happen to the existing Vice-President? Will he continue as a Vice-President?
4. The Customs Act in Sections 129(4), (5) and (6) mentions the vice-president of the Tribunal and as per the Act, the vice-president can perform certain functions of the President. In the absence of a vice-president, who will run the Tribunal when there is no President?
Let us hope to get answers in the days to come.