(1) The Central Government may, by notification, make rules for the purposes of carrying out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the case or cases which shall be decided by a Bench composed of more than two Members under clause (¢) of sub-section (3) of section 5;
(b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of Chairperson or other Member;
(c) the salaries and allowances payable to, and the other terms and conditions of service of the Chairperson and other Members under section 10;
(d) the financial and administrative powers which the Chalrpcrson may exercise over the Benches of the Tribunal under séction 12;
(e) the salaries and allowances payable to, and other terms and conditions of service of the officers and other employees of the Tribunal under sub-section (2) of section 13; :
(f) the form in whicltan application may be made under sub-section (2) of section Proceedings before Tribunal to be - judicial - proceedings.
Members and staff of Tribunal to be public servants.
Protection of action taken in good faith.
Act to have overriding effect.
Power to remove difficultics.
Power of Central Government to make rules.
14, the documents and other evidence by which such application shall be accompa- , nied and the fee payable in respect of the filing of such application or for the service of execution of processes;
(g) the other matter which may be prescribed under clause (i) of sub-section (4) of section 14;
Power to make.
rules retrospectively.
Laying of rules.
14 THE GAZETTE OF INDIA EXTRAORDINARY [PArT lI——SEc: 1]
(4) the form and manner in which an appeal may be filed, the fee payable thereon and thé'time within which such appeal may be filed under sub-section (2) of section 15;
(7) the rules subject to wh:ch the Tribunal shall have power to regulate its own procedure under sub-section (/) of section 23;
B (/) competent authority who may authorise legal pfamitioners or law officers to act as counsel under sub-section (2) of section 25;
(k) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
42. The powers to make rules under section 41 shall include the power to make such rules or-any of them ret}ospecn've!y from a date not earlier than the date on which this Act shall come into operation but no such retrospective effect shall be given to émy such rule so as to prejudicially affect the interests of any person to-whom such rule may be applicable.
43. Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, fora total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
BRAHM AVTARAGRAWAL, Additional Secretary to the Govt. of India.
PRINTED BY THE MANAGER , GOVT. OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY ‘THE CONTROLLER -OF PUBLICATIONS, DELHI, 2007.
MGIPMRND—13DEFENCE(S-5)GAZETTE—4-1-2008.