Section 43 – CINEMATOGRAPH (CERTIFICATION) RULES

43. Terms and conditions of service of the Chairman and members of the Appellate Tribunal

(1)  The Chairman and members of the Appellate Tribunal shall hold office during the pleasure of the Central Government.

 

(2) Subject to the provisions of sub-rule (1), the Chairman of the Appellate Tribunal shall hold office for a period not exceeding three years.

 

(3) Subject to the provisions of sub-rule (1), every other member of the Appellate Tribunal shall hold office for period of three years and shall continue to hold office until his successor is appointed.

 

(4) A retiring Chairman or a member of the Appellate Tribunal whose term of office has expired by efflux of time shall be eligible for re-appointment.

 

(5) Notwithstanding anything contained in the foregoing sub-rules, when the Chairman of the Appellate Tribunal is unable to discharge his functions owing to absence, illness or any other cause, the Central Government may appoint another person to discharge the functions of the Chairman until the Chairman resumes his duties.

 

(6) The Central Government may, after consultation with the Chairman of the Appellate Tribunal appoint any person whom it thinks fit to be a member of the Appellate Tribunal:

 

PROVIDED that the Central Government may, for reasons to be recorded in writing, dispense with such consultation.

 

(7) A casual vacancy in the membership of the Appellate Tribunal caused by the resignation, death or removal of any member or otherwise shall be filled by fresh appointment and the person so appointed shall hold office for a period not exceeding three years.

 

(8) The Central Government may remove from office any member of the Appellate Tribunal before the expiration of his term of office:

 

PROVIDED that a member appointed to the Appellate Tribunal after consultation with the Chairman of the Appellate Tribunal shall not be so removed except on the recommendation of or after consultation with the Chairman of the Appellate Tribunal.

 

(9) For the purpose of enabling the Appellate Tribunal to perform its functions under the Act, the Central Government may appoint a Secretary to the Appellate Tribunal and such other officers for the Appellate Tribunal as may be considered necessary:

 

PROVIDED that the Central Government may delegate to the Chairman of the Appellate Tribunal subject to such conditions and limitations, if any, as may be specified by it, the power of appointment conferred on it under this sub-rule, other than the powers of appointment in relation to the post of Secretary to the Appellate Tribunal:

 

PROVIDED FURTHER that the Chairman of the Appellate Tribunal may grant leave to or suspend or remove from service any officer appointed by him under the powers delegated to him under this sub-rule.

 

(10) The Secretary to the Tribunal and other officers appointed under sub-rule (9) shall perform such duties as may be assigned to him by these rules or by the Chairman of the Appellate Tribunal.

 

(11) Notwithstanding anything contained in the foregoing sub-rules, the Chairman of the Appellate Tribunal may, for the purpose of enabling the Tribunal to discharge its functions under the Act, make appointments to posts other than Group A posts and may assign to the persons holding such posts, duties as he may deem fit.

 

(12) The Chairman of the Appellate Tribunal, if he is a paid full time officer, shall receive such pay and allowances as are admissible to a serving Judge of a High Court. He shall be entitled to all facilities and concessions not less favorable than those admissible
to a serving Judge of a High Court:

 

PROVIDED that in this case of a retired Judge of High Court re-employed as Chairman of the Appellate Tribunal, the pay and other terms and conditions of service shall be the same as are applicable to re-employed Judges of High Courts under the orders of the Central Government.

 

(13) Every honorary member(including the Chairman where he does not receive any salary) may,-

 

(a) if he is an out-station member,

 

(i) travel by air or by train as admissible according to the orders issued by the Central Government from time to time in respect of journeys undertaken by him for the performance of his duties as such member;

 

(ii) be paid a consultancy fee for attending the preview of a film or meeting of the Appellate Tribunal at the rate of Rs. 100 for each day of such preview or meeting; and

 

(iii) be paid daily allowances at the rate of Rs. 50 per day for each day preceding the meeting and that following the meeting, if the member actually stays at the place of the meeting;

 

(b) if he is a local member, be paid a consultancy fee for attending the preview of a film or meeting of the Appellate Tribunal at the rate of Rs. 75 per day for each day of such preview or meeting:

 

PROVIDED that daily allowance will not be admissible in addition for the day or days for which the consultancy fee is paid

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