TARIFF
COMMISSION OF BHARAT
102.
Tariff Commission Of Bharat
(1) There shall be a Tariff Commission of Bharat, to examine and publish the cost structures
of items produced in Bharat and imported from abroad of any item of public import.
103.
Constitution of Tariff Commission of Bharat.
(1)
The Tariff Commission shall
consist not less than eleven members, including Chairman.
(2)
The Chairman shall be a retired
Chief Justice of a High Court.
(3)
The other members shall be
one Chartered Accountant; Two Cost Accountant; Two Advocates; five representatives from the recognised Consumer Organisations.
Consumer organizations should be no way connected with the Large Manufacturing Sector.
(4)
The Chairman shall be appointed
for fix tenure of three years by the National Judicial Commission on the recommendation of four Senior Most Judges of the
Supreme Court including Chief Justice. The other Members shall be appointed for fix tenure of two years.
(5)
The Chartered Accountant
shall be appointed by the Institute of Chartered Accountants of Bharat, through due procedure.
(6)
The Cost Accountants shall
be appointed by the Institute of the Cost Accountants of the Bharat through due procedure.
(7)
The Advocates shall be appointed
by the Bar Council of Bharat, through due procedure.
(8)
Representatives of the consumer
organisations shall be appointed by the Government of Bharat through transparent due procedure.
(9)
No person shall be selected
for second terms.
104. Disqualifications for appointment as Member in the Tariff
Commission.
(1) If integrity, honesty or sincerity of any person is under doubt,
such person shall not be appointed as member of the Commission.
(2) If any person appointed as Chairman or Member of the Tariff
Commission and was accused in any criminal case six months prior to date of his appointment, or appointed against object of
this Article, his appointment shall be liable to void.
(3) No person can be appointed as Chairman and Member of the Tariff
Commission for more than one term.
105. Duties, powers and functions of the Tariff Commission
of Bharat.
(1) Any item or goods having sell proceeds, whether produced in Bharat or imported
from abroad, throughout the country more than ten crores of rupees, shall be within the Jurisdiction and preview of the Tariff
Commission of Bharat.
(2) Tariff Commission shall examine cost structure of such item or goods and shall
publish them time-to- time but without any gape of more than two years.
(3) This is statutory obligation of each Company, whether producing or importing such
items or goods, to furnish all informations relating with the cost of such item or goods, as may be asked by the Commission,
through their respective principal Bankers, within seven days from the date of receipt of communication to that effect.
(4) In case any Company fails to provide
such informations, principal Bankers shall withheld operation of Bank Account of such Company till such informations are not
furnished.
Tariff Commission shall
not ask to any Company to furnish any information relating with the technology aspect of any item or goods.