Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com MEMBERS (SELECTION AND APPOINTMENT) RULES, 2007 CONTENTS 1. Short title and commencement 2. Definitions 3. Qualification 4. Selection Process 5. Invalidity of Selection Proceedings 6. Appointment MEMBERS (SELECTION AND APPOINTMENT) RULES, 2007 G.S.R.6(E).--In exercise of the powers conferred by subsection 3 of section 4B read with section 198 of the Railways Act, 1989, (24 of 1989), the Central Government hereby makes the following rules, namely:- 1. Short title and commencement :- (1)These Rules may be called the Members (Selection and Appointment) Rules, 2007. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions :- In these Rules unless the context otherwise requires,- (a) "Act" means the Railways Act, 1989(24 of 1989); (b) "Authority" means the Rail Land Development Authority constituted under Section 4A of the Act; (c) "Central Government" means the Ministry of Railways; (d) "Member" means the Member on the posts of Planning, Infrastructure and Development, Planning Rail Traffic Coordination and Finance of the Authority under sub-section (3) of S.4(B) of the Act; (e) "Railway Board" means the Railway Board in the Indian Railways Board Act, 1905; (f) "Secretary" means the Secretary Railway Board; and (g) "Senior Administrative Grade" means the Government of India's salary grade of Rs. 18400-22400 per mensem; (h) All other words and expressions used herein and not defined but defined in the Act shall have the same meanings respectively assigned to them in the Act. 3. Qualification :- (a) For the post of Member Planning, Infrastructure and Development, the candidate should be an engineer of a grade not lower than Senior Administrative Grade serving in the Indian Railway Service of Engineers with a minimum total service experience of twenty two years in the Railways and his cumulative evaluation of the annual confidential reports "of the last five years prior to the meeting of the Selection Committee should not be less than twenty two points and he should preferably have experience of construction and management of buildings and in particular on land management and commercial development on Indian Railways. Any additional qualification in the relevant field would be given weightage. (b) For the post of Member Planning Rail Traffic Coordination, the candidate should be an officer of a grade not below the Senior Administrative Grade serving in the Indian Railway Traffic Service with a minimum of total service of twenty two years in the Railways and his cumulative evaluation of the annual confidential reports of the last five years prior to the meeting of the Selection Committee should not be less than twenty two points and he should have experience in dealing with various traffic and commercial operations o n railways and experience in terminal handling and land development will be given weightage. (c) For the post of Member Finance, the candidate should be an officer of a grade not below the Senior Administrative Grade serving in the Indian Railway Accounts Service with a minimum of total service of twenty two years in the Railways and his cumulative evaluation of the annual confidential reports of the last five years prior to the meeting of the Selection Committee should not be less than twenty two points and he should have experience in dealing with financial aspects of built assets and related land management/commercial development matters. Any additional qualification in the relevant field would be an added attribute. (d) Officers working as General Managers in the relevant discipline with the Authority for a period of not less than four years shall also be eligible to apply for the above posts. 4. Selection Process :- (1) A member shall be selected by a Selection Committee consisting of the following members, namely:- (a) Chairman, Railway Board as the Chairperson; (b) Chairman of the Authority as member; (c) Member Traffic, Railway Board for the selection of Member Planning Rail Traffic Coordination and Financial Commissioner, Railway Board for the selection of Member Finance as Member; and (d) Vice Chairman of the Authority in attendance. (2) The Selection Committee shall formulate assessment criteria of merit and suitability with marks and each eligible candidate appearing before it shall be assessed accordingly in the interview by the Committee. (3) Any person in any of the Selection Committees shall immediately on coming to know that he is related to any of the candidates, shall declare the same and exclude himself from the Selection Committee for that particular candidate. (4) A candidate shall stand disqualified for the posts to which they have applied or appointed, if he.- (a) has been adjudged an in solvent; or (b) has been convicted of an offence which, in the opinion of the Central Government involves moral turpitude; or (c) has become physically or mentally incapable; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functioning in a post; or (e) has been guilty of conduct as per the extant conduct rules of the Central Government which makes him a person unfit to hold an office. (5) The Secretary Railway Board shall act as Secretary to the Selection Committee and shall be responsible for all administrative steps required for the selection and appointment to the post of Member. (6) The Railway Board, shall invite applications for the post of Member by wide publicity, except in case of the first Authority where the appointments shall be by nomination. (7) The Selection Committee after selecting the candidate for the post of Member shall also prepare in order of merit a waiting panel of the next two candidates for the post. The waiting panel will be valid for a period of six months from the date the Selection Committee sign the panel. (8) The minutes of the Selection Committee proceedings, the merit list for each post and the final selection list shall be signed and dated by all the persons in the Selection Committee and further steps for appointment shall be taken by Secretary, Railway Board. 5. Invalidity of Selection Proceedings :- So long as the merit of the selection is not affected, any short coming in the selection procedure shall not invalidate the selection. 6. Appointment :- (1) The Secretary Railway Board shall immediately after receiving the record from the Selection Committee initiate the steps for the approval of the name of the selected candidate for the post of the Member, from the competent authority. (2) Upon receipt of the final approval of the name from the competent authority for the appointment to the post of Member, the Central Government shall immediately issue the appointment letter to the selected candidate informing him the joining time which shall not exceed thirty days from the date of receipt of the appointment letter subject to sub rule (6). (3) The appointment by the Central Government of the selected candidate shall be as per the terms and conditions specified in the rules. (4) Any vacancy in a post of the Authority which requires to be filled in immediately to enable it to efficiently discharge its functions, may be filled in by the Railway Board on ad hoc basis for an initial period of six months or till the regularly selected incumbent joins the post, whichever is earlier and such ad hoc appointees shall have no claim whatsoever to the post and will be deemed to have automatically vacated it from the day of joining of the regular selected candidates. (5) In case the selected candidate fails to join within thirty days or such extended period as may be permitted under sub-rule (6), the Secretary Railway Board shall initiate proceedings for appointment of the next person waiting on the panel. (6) The Railway Board may for reasons to be recorded in writing, extend the joining period on the written request of the selected candidate which shall not exceed more than three months and the extension shall be given only once.