[PUBLISHED
IN PART II SECTION 3 SUB-SECTION (i) OF THE GAZETTE OF INDIA EXTRAORDINARY]
GOVERNMENT
OF INDIA
(DEPARTMENT OF
COMPANY AFFAIRS)
New
Delhi, the 6th October, 2003
G.S.R
784(E). - In
exercise of the powers conferred by clause (d) of sub-section (2) of section 63,
read with sub-section (1) of section 14, of the Competition Act, 2002 (12 of
2003), the Central Government hereby makes the following rules regulating the
salary and allowances payable to, and other terms and conditions of service of,
Chairperson and Members of the Competition
Commission of India, namely: -
1.
Short title and commencement. - (1) These rules may be called the
Competition Commission of India (Salary, Allowances and other Terms and
Conditions of Service of Chairperson and other Members) Rules,
2003.
(2)
They shall come into force on the date of their publication in the
Official Gazette.
2.
Definitions. -
(1) In these rules,
unless the context otherwise requires, -
(a)
"Act"
means the Competition Act, 2002 (12 of 2003);
(b)
"Chairperson" means the Chairperson of
the Commission appointed under sub-section (1) of section 8 of the
Act;
(c)
"Commission" means the Competition
Commission of India established under sub-section (1) of section 7 of the
Act;
(d)
"Member"
means a Member of the Commission appointed under sub-section (1) of section 8 of
the Act and includes the Chairperson.
(2)
All other words and expressions used in these rules but not defined,
shall have the same meanings respectively assigned to them in the
Act.
3.
Pay. - (1)
Subject to the provisions of sub-rule (2), the Chairperson and every Member
shall be paid a salary of twenty six thousand rupees (fixed) per mensem.
(2)
If such person at the time of his appointment as Chairperson or other
Member is in receipt of a pension in respect of any previous service under the
Government or any local body or authority owned or controlled by the Government,
or a High Court, or the Supreme Court, as the case may be, such salary shall be
reduced by the amount of pension and pension equivalent of any other form of
retirement benefits.
4.
Contributory Provident Fund. -
(1) The
Chairperson and other Members shall be governed by the provisions of the
Contributory Provident Fund Rules (India), 1962 and no option to subscribe under
the General Provident Fund (Central Services) Rules, 1960 shall be
available.
(2)
No additional pension and gratuity shall be admissible for service
rendered in the Commission.
5.
Dearness Allowance and Compensatory (City) Allowance. - The
Chairperson and every other Member shall be entitled to draw dearness allowance
and compensatory (city) allowance at the rates admissible to officers holding
Group 'A' post of the Central Government drawing an equivalent
pay.
6.
Leave. - (1) The Chairperson and every other
Member shall be entitled to thirty days of Earned Leave for every year of
service.
(2)
The payment of leave salary during leave shall be governed by rule 40 of
the Central Civil Services (Leave) Rules, 1972.
(3)
The Chairperson and every other Member shall be entitled to encashment of
fifty per cent of Earned Leave standing to their credit at any time.
7.
Travelling and Daily Allowances. - The Chairperson and other Members of the
Commission while on tour within India or on transfer (including the journey
undertaken to join the Commission or on the completion of their tenure with the
Commission to proceed to their home town) shall be entitled to the travelling
allowance, daily allowance, transportation of personal effects and other similar
matters at the same rates as are applicable to officers holding Group 'A' post
of the Central Government drawing an equivalent pay.
9.
Leave Travel Concession. - The
Chairperson and other Members of the Commission shall be entitled to Leave
Travel Concession (LTC) at the same rates as may be applicable to officers
holding Group 'A' post of the Central Government drawing an equivalent pay.
10. Conveyance
Facilities. - (1)
Subject to the provisions of sub-rule (2), the Chairperson and other Members
shall be entitled to conveyance facilities at par with those available to
officers holding Group 'A' post of the Central Government drawing an equivalent
pay.
(2)
No passenger vehicle shall be purchased by the Commission and the
requirement of vehicles shall be met by hiring.
11. Facility
for Medical Treatment. - The Chairperson and other Members shall
be entitled to medical treatment and hospital facilities as provided in the
Central Government Health Scheme (CGHS) to a retired Government servant. At places where the said Scheme is not
in operation, the Chairperson and other Members shall be entitled to the
facilities as provided in the Central Service (Medical Attendance) Rules,
1944.
12. Other
Conditions of Service. - Matters relating to the terms and
conditions of service of the Chairperson or other Members with respect to which
no express provision has been made in these rules, shall be referred by the
Commission to the Central Government for its decision, and the decision of the
Central Government thereon shall be final.
[F.No.
1/10/2003-CL.V]
RAJIV
MEHRISHI,
Joint Secretary to the
Government of India