Union Government, Extraordinary, 2005-01-11, Part II-Section 3-Sub-Section(i), Ref. G.S.R. 13(E)

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TRE GAZETTE OF INDIA FETRACRDINGRY

MINISTRY OF COMMERCE AND ;NDUSTRY
(Department of Industrial Polley and Promotion)
NOTIFICATION
New Dethi.the 1th January, 2005

GS. 14(€)—The iotowing draft wles relating to amendment of tae
Intatectual Property Appellate Board (Salaries and allowances payable to, and ather
{erms and conditions cf service of the Charman, Vice-Cnairman and Members) Rules,
2008 which the Genital Govemmnent proposes to make m exercise of the powers
conferred by section 157 of the Trade Marks Act, 1995 147 of 199), read with section
22 of the General Clauses Act, 1897 (10 of 1897}, is hereby published as required
under sub-section (1) of section “57 of the sail Act for information of all persans tkely
to be affected thereby and notice is hereby given that the said draft rules will be token
into consideration atter expiry of a period of fory fle days from the date on which she
copies of the Oficial Gazette ia which this notficaion is published, are made avatable
ta the public;

‘Any objection cr suggestion wnich may be recawed item any person in respect of
‘the said draft rules within expiry of the period specified above will be considersd by the
Central Government

Objections or suggestions, if any, may be addressed io the Secretary 10 the
Government of India. Ministry of Commerce and Industry (Department of Industna!
Policy and Promotion), Udyag Bhaven, New Dethi- 110 014

GRAFT RULES
1 hort tile and commencement. - (1) These ‘ules may be calied the intelectual
Property Appellate Board (Selaries and sllowances payable (0, ard otter terms. and
conditions of service of Chairman, Vice-Chairman and Members} Amendment Rules,
2008,

(2) They shall be deerned to have came into force on the 15" cay of September,
2908
[ema—wer 3] sre ONE: OTE A

2. Inthe Intellectual Property Appeliste Board (Salaries and allowances payable to,
and other terns and conditions of service of Chairman, Viee-Chaitman and Members)
Rules, 2002 (hereinafter referred fo as prncipal iles),- () for mile 8, the follawing
rule shell pe substituted, namely.

S*Leave-(1) A person, on appointment in the Appalate Board es @ Cheirman,
Vioe-Chairman or other Member shall be ented to leave as follows:

()_earred leave at the rate of thirty days for every completed calendar year of
‘service or a part thereof;

(@) aff pay leave on medical cenifieate or on private affairs, atthe rate of twenty
days in respect of eaen completed year of service and the ieave salary for
‘alf pay ‘aave shall be equivalent to half of the leave salery edimissible during
‘he samed leave;

(ii) eave on het pay can be commuted to full pay leave at the discretion af the
Chairman, Vice-Chairman or Member, provided it i taken on medical
grounds end is supported by a medical certlicate from the competent medical
suthonty

i) extraordinary leave without pay and allowances upto a maximum period of
cone hundred and eighty days in one term of offe.

@ On expiry of his term of office in the Appellate Bogrd, the Chairman, Vice
Chairman or other Member shall be enfitied to receive cash equivalent of leave salary
in respect of the eamed leave standing to his credit subject to the condition that the
maximum of leave ercashed under this sub -rufe and at the time of retirement from
previous service taken together shalf not in any casa exceed 300 cays"

(ater rule 6 of the principal cules, tha following rule shall be inserted, namely:-
“Pension: GA(1) Every person appointed 10 the Appeliale Reard as the
Chsirman, Vice-Chairman, or other Member shell be entitled to pension,
Provided that no such pension shall be payable to such person if he has
‘been removed from his office under sub-section (2) of section 89 of the Act.
CAE OA: HEOFINDIA -EEMAORDNARY (Pepe $2.36)
(2) Pension under sub-rute (2) shall be calculated at the rate of rupees two
thousand three hundred and fity eight per annum fo" every completed six
manthly period of service:

Provided that the aggregaie amount of pension payabie under this rule
together wth amount of any pension including commuted porion of nension,
# any, drawn cr entitled to be drawn wivle holding office in the Appslate
Board, shalt not excaed the maximum amount of porsion prescribed ‘or a
Judge of the High Court:

Provided further that the Ghairman, Vice-Chairman or any olher Member,
within a period of three months fram the date of his appointment or within
cone month of coming Info force of the 1PAB (Selaries and allowances
payable fo, and other terms and conditions of service of Chairman, Vice-
Chaitmar and Members) Amendment Rules, 2005, whichever is tater, may.
elect to forega his right ta pension under these Rules whereupon he shall be
gible to subscribe fo Comuibutary Provident Func:

Provided also that the Chairman, Vice-Chairman or any other Member who
enters office on or after 1* January, 2004 shall be ekgible to subscnbe to
Contrary Provident Fund and net to Pension.

(i), ia ae 10 of the principal rules, Yor sub-rule (2), the following su-rule shall be

substituted, namely:-

(2) Wher the Chairman, Vice-Chairman or a Member is not provided with, or
‘o0es not avail himself of the accommodation referred to in subrule (1) he may be paid,
every month, hayse rent allowance as may be admissible from “ine to time to an officer
‘of eouivalent nay scale in the Central Government.”
(id) aber rule 12 of the principal rules, the foflowing rule shall be inserted, namely:

“12. Notwithstanding anything contained in rule 4 to rule 12, the conditions ai
service and olher perquisites available to the Chairman and Vice-Chairman of the
Intellectval Property Appellate Board shall be the same as admissible to 2 serving
Judge of @ High Court as contained in the High Court Judges (Conditions af Service}
Act, 1954 {28 of 1854) and the High Court Judges (Traveling Allowances) Ruiss,
1986

FF Ne. 2i28/250345}
ANTHONY de Sa, Jt Seay