Rule 39. Manner of filling up of the vacancy under sub-section (9) of Section 44 and procedure for selection, salaries and allowances and other terms and condition of Administrative Member of the Industrial Tribunal under sub-section (5) of Section 44 of the Code

(1) The qualification for appointment of the Administrative Member of the Industrial Tribunal (hereinafter in this rule referred to as the Administrative Member) shall be such as provided in sub-section (4) of section 44 of the Code.

(2) The Administrative Member shall be appointed by the State Government on the recommendation of a Search-cum-Selection Committee specified in sub-rule (3).

(3) The Search-cum-Selection Committee shall comprise the following members, namely:—

(a) Chief Secretary to the Government of Mizoram — Chairperson;

(b) Secretary to the Government of Mizoram, Labour, Employment, Skill Development & Entrepreneurship Department — Member;

(c) Secretary to the Government of Mizoram, Personnel & Administrative Reforms — Member;

(d) Secretary to the Government of Mizoram, Industries & Commerce Department — Member.

(4) The Search-cum-Selection Committee shall determine its own procedure for making recommendations and, after taking into account the qualifications, suitability, integrity, record of past performance and administrative experience of the candidates, and keeping in view the requirements of the Industrial Tribunal, recommend a panel of two or three eligible persons for appointment to the post.

(5) No appointment of an Administrative Member shall be declared invalid merely by reason of any vacancy or absence of any member of the Search-cum-Selection Committee.

(6) An Administrative Member shall hold office for a term of four years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier.

(7) In the event of a vacancy (other than temporary absence) in the office of the Administrative Member, such vacancy shall be filled in accordance with the procedure specified in sub-rules (1) to (4) of this rule.

(8) Salary and allowances.-

(a) the Administrative Member shall be paid a salary of Rupees Two Lakh Twenty-Five Thousand per month, and shall be entitled to draw allowances, including House Rent Allowance, as admissible to an officer of the State Government holding a Group ‘A’ post carrying the same pay.

(b) in the case of appointment of a retired Government officer, his pay shall be reduced by the gross amount of pension drawn by him.

(9) Service condition.-

(a) in the case of a serving Government officer, the service rendered as Administrative Member shall be counted for pension in accordance with the rules applicable to the service to which he belongs, and he shall continue to be governed by the applicable Provident Fund rules.

(b) in the case of a retired Government officer, he shall be governed by the Contributory Provident Fund Scheme during the period of re-employment and no additional gratuity shall be admissible for the service rendered as Administrative Member.

(10) An Administrative Member shall be entitled to House Rent Allowance at the rate admissible to an officer of the State Government holding a Group ‘A’ post carrying the same pay or, where admissible, may be allotted suitable Government accommodation.

(11) Leave.-

(a) in the case of a serving Government officer, leave shall be admissible in accordance with the rules applicable to the service to which he belongs.

(b) in the case of a retired Government officer, leave shall be admissible as applicable to an officer of the State Government holding a Group ‘A’ post carrying the same pay.

(12) Leave and foreign travel sanctioning authority.-

(a) the State Government shall be the leave-sanctioning authority for the Administrative Member.

(b) the State Government shall be the authority competent to sanction foreign travel of the Administrative Member.

(13) Medical facilities under the State Government Health Scheme, as admissible to an officer of the State Government holding a Group ‘A’ post carrying the same pay, shall be applicable to the Administrative Member.

(14) Travelling allowances.-

(a) travelling allowance shall be admissible to the Administrative Member as applicable to an officer of the State Government holding a Group ‘A’ post carrying the same pay.

(b) in the case of a retired Government officer, transfer travelling allowance for joining the Industrial Tribunal and on completion of tenure shall also be admissible accordingly.

(15) Leave Travel Concession shall be admissible to the Administrative Member as applicable to an officer of the State Government holding a Group ‘A’ post carrying the same pay.

(16) Transport allowance shall be admissible to the Administrative Member as applicable to an officer of the State Government holding a Group ‘A’ post carrying the same pay.

(17) No person shall be appointed as Administrative Member unless he is declared medically fit by such authority as may be specified by the State Government.

(18) Complaint and procedure.-

(a) where a written and verifiable complaint alleging definite charges of misbehaviour or incapacity is received, the State Government shall conduct a preliminary scrutiny.

(b) where reasonable grounds for inquiry exist, the State Government shall refer the matter to the Search-cum-Selection Committee for inquiry.

(c) the Committee shall complete the inquiry within six months or such further time as may be permitted by the State Government.

(d) the Committee shall submit its report to the State Government recording its findings with reasons on each charge.

(e) the Committee shall be guided by the principles of natural justice and shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908.

(19) An Administrative Member may resign his office by giving notice in writing addressed to the State Government and shall continue to hold office until the expiry of three months from the date of receipt of such notice or until his successor enters upon office or until the expiry of his term, whichever is earlier, unless permitted to relinquish office earlier.

(20) The State Government may, on the recommendation of the Search-cum-Selection Committee, remove an Administrative Member from office if he—

(a) has been adjudged insolvent; or

(b) has been convicted of an offence involving moral turpitude; or

(c) has become physically or mentally incapable of acting as such; or

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or

(e) has abused his position so as to render his continuance in office prejudicial to the public interest:

Provided that no removal under clauses (b) to (e) shall be made unless he has been informed of the charges and given a reasonable opportunity of being heard.

(21) Every Administrative Member shall, before entering upon his office, make and subscribe an oath of office and secrecy in Form-XX appended to these rules.

(22) Matters relating to the terms and conditions of service of the Administrative Member for which no express provision has been made in these rules shall be referred by the Industrial Tribunal to the State Government, whose decision thereon shall be final.

(23) The State Government may relax any of the provisions of this rule in respect of any class or category of persons for reasons to be recorded in writing.