NOTIFICATION NO. G.S.R. 623(E), DATED 24-9-2007

Intellectual Property Appellate Board (Salaries and allowances payable to, and other terms and conditions of service of Chairman, Vice-Chairman and members) Amendment Rules, 2007

NOTIFICATION NO. G.S.R. 623(E), DATED 24-9-2007

Whereas, certain draft rules were published, in exercise of the powers conferred by section 157 of the Trade Marks Act, 1999 (47 of 1999) read with section 22 of the General Clauses Act, 1897 (10 of 1897), vide notification of the Government of India in the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) number G. S. R. 13(E) dated 11th January, 2005 inviting objections and suggestions from all persons likely to be affected thereby before the expiry of forty-five days from the date on which copies of the Official Gazette containing the notification were made available to the public;

And, whereas, the copies of the Official Gazette containing the aforesaid notification were made available to the public on 11th January, 2005;

And, whereas, the objections and suggestions received from the public have been considered by the Central Government;  

Now, therefore, in exercise of the powers conferred by clause (xxix) of sub-section (2) of section 157 of the Trade Marks Act, 1999 (47 of 1999), the Central Government hereby makes the following rules to amend the Intellectual Property Appellate Board (salaries and allowances payable to, and other terms and conditions of service of Chairman, Vice-Chairman and Members) Rules, 2003 namely:—

1. Short title and commencement—(1) These rules may be called the Intellectual Property Appellate Board (Salaries and allowances payable to, and other terms and conditions of service of Chairman, Vice-Chairman and members) Amendment Rules, 2007.

(2) They shall be deemed to have come into force on the 15th day of September, 2003

2. In the Intellectual Property Appellate Board (salaries and allowances payable to, and other terms and conditions of service of Chairman, Vice-Chairman and Members) Rules, 2003 (hereinafter referred to as principal rules),—

(i)  for rule 5 of the principal rules, the following rule shall be substituted, namely:—

"5. Leave.—(1) A person, on appointment in the Appellate Board as Chairman, Vice-Chairman or other Member shall be entitled to leave as follows:

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

(ii) half pay   leave on medical certificate or on private affairs, at the rate of twenty days in respect of each completed year of service and the leave salary for half pay leave shall be equivalent to half of the leave salary admissible during the earned leave;

(iii) Leave on half pay can be commuted to full pay leave at the discretion of the Chairman, Vice-Chairman or Member, provided it is taken on medical grounds and is supported by a medical certificate from the competent medical authority; and

(iv) Extra-ordinary leave without pay and allowances upto a maximum period of one hundred and eighty days in one term of office.

(2) On expiry of his term of office in the Appellate Board, the Chairman, Vice-Chairman or other Member shall be entitled to receive cash equivalent of leave salary in respect of the earned leave standing to his credit subject to the condition that the maximum of leave encashed under this sub-rule and at the time of retirement from previous service taken together shall not in any case exceed 300 days.";

(ii) after rule 6 of the principal rules, the following rule shall be inserted, namely :—

"6A Pension : (1) Every person appointed to the Appellate Board as the Chairman, Vice-Chairman, or other Member shall be entitled to pension, provided that no such pension shall be payable to such a person if he has been removed from the office in the Appellate Board under sub-section (2) of section 89 of the Act.

(2) Pension under sub-rule (1) shall be calculated at the rate of rupees two thousand three hundred and fifty-eight per annum for every completed six monthly period of service :

Provided that the aggregate amount of pension payable under this rule together with amount of any pension including commuted portion of pension, if any, drawn or entitled to be drawn while holding office in the Appellate Board, shall not exceed the maximum amount of pension prescribed for a Judge of the High Court:

Provided further that the Chairman, Vice-Chairman or any other Member, within a period of three months from the date of his appointment or within one month of final publication of the Intellectual Property Appellate Board (salaries and allowances payable to, and other terms and conditions of service of Chairman, Vice-Chairman and Members) Amendment Rules, 2007, whichever is later, may, elect to forego his right to pension under these rules whereupon he shall be eligible to subscribe to Contributory Provident Fund:

Provided also that the Chairman, Vice-Chairman or any other Member who enters office on or after 1st January, 2004 shall be eligible to subscribe to Contributory Provident Fund and not to Pension.";

(iii) In rule 7 of the principal rules, the following proviso shall be inserted, namely:—  “Provided that the Chairman, Vice-Chairman and other Member subscribing to the Contributory Provident Fund under rule 6A shall not subscribe to the General Provident Fund.";

(iv) in rule 10 of the principal rules, for sub-rule (2), the following sub-rule shall be substituted, namely:-

"(2) When the Chairman, Vice-Chairman or a Member is not provided with, or does not avail himself of the accommodation referred to in sub-rule (1), he may be paid, every month, house rent allowance as maybe admissible from time to time to an officer of equivalent pay scale in the Central Government.";

(v) after rule 12 of the principal rules, the following rule shall be inserted, namely:— "12A Notwithstanding anything contained in rules 4 to 12, the conditions of services and other perquisites available to the Chairman or the Vice-Chairman of the Intellectual Property Appellate Board shall be the same as admissible to a serving Judge of a High Court as contained in the High Court Judges (Conditions of Services) Act, 1954 and the High Court Judges (Travelling Allowances) Rules, 1956:

Provided that the Chairman or the Vice-Chairman, within a period of three months from the date of his appointment or within one month of final publication of Intellectual Property Appellate Board (salaries and allowances payable to, and other terms and conditions of service of Chairman, Vice-Chairman and Members) Amendment Rules, 2007, whichever is later, may elect to forego his right to pension under the High Court Judges Rules whereupon he shall be eligible to opt for Pension or Contributory Provident Fund under rule 6A".