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Section 4

The Telecom Regulatory Authority of India (Second) Ordinance, 1996Ordinance · 1996

(1) The Chairperson shall be a person who is or has been a Judge of the Supreme Court or who is or has been the Chief Justice of a High Court.

(2) A member shall be a person who has held the post of Secretary or Additional Secretary, or the posts of Additional Secretary and Secretary to the Government of India or any equivalent post in the Central Government or the State Government for a period of three years.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

5. (I) Before appointing any person as the Chairperson or member, the Central Government shall satisfy itself that the person does not have any such financial or other interest as is likely to affect prejudicially his functions as such member.

(2) The Chairperson shall hold office for a term of five years from the date on which he enters upon his office.

(3) A member shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-two years, whichever is earlier.

(4) The employee of the Government on his selection as member shall have to retire from service before joining as member.

(5) The salary, allowances and other conditions of service of the Chairperson shall be —

(a) if he has been a Judge of the Supreme Court, the same as that of a Judge of the Supreme Court;

(b) if he has been the Chief Justice of a High Court, the same as that of the Chief Justice of the High Court:

Provided that in the case of an appointment of a person as a Chairperson who has retired as a Judge of the Supreme Court or Chief Justice of a High Court and who is in receipt of or has received or has become entitled to receive any retirement benefits by way of pension, gratuity or other forms of retirement benefits, the pay of such person shall be reduced by the gross amount of pension and pension equivalent of gratuity or any other form of retirement benefits, if any, drawn or to be drawn by him.

(6) The salary and allowances payable and other conditions of service of the members shall be such as may be prescribed.

(7 ) The salary, allowances and other conditions of service of the Chairperson or of the member shall not be varied to his disadvantage after appointment,

(8) Notwithstanding anything contained in sub-section (2) or sub-section (3), a member m a y - fa) relinquish his office by giving in writing to the Central Government notice of not less than three months; or

(b) be removed from his office in accordance with the provisions of section 7,

(9) The Chairperson or any other member ceasing to hold office as such, shall—

(a) be ineligible for further employment either under the Central Government or under the State Government; or

(b) not hold any appointment in any private company in telecom sector in relation to which any matter has been the subject-matter of consideration before the Authority.

Term of office, conditions of service, etc., of Chairperson and other members.

Where this provision sits

ActThe Telecom Regulatory Authority of India (Second) Ordinance, 1996
Section4
StatusIn force as published by the source

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