TMI BlogPresident and Members of Appellate Tribunal, their qualification, appointment, conditions of service, etc.X X X X Extracts X X X X X X X X Extracts X X X X ..... in the administration of an existing law or goods and services tax in the Central Government, and has completed at least twenty-five years of service in Group A; (d) a Technical Member (State), unless he is or has been an officer of the State Government or an officer of All India Service, not below the rank of Additional Commissioner of Value Added Tax or the State goods and services tax or such rank, not lower than that of the First Appellate Authority, as may be notified by the concerned State Government, on the recommendations of the Council and has completed twenty-five years of service in Group A, or equivalent, with at least three years of experience in the administration of an existing law or the goods and services tax or in the field of finance and taxation in the State Government: Provided that the State Government may, on the recommendations of the Council, by notification, relax the requirement of completion of twenty-five years of service in Group A, or equivalent, in respect of officers of such State where no person has completed twenty-five years of service in Group A, or equivalent, but has completed twenty-five years of service in the Government, subject ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of State tax, of the State in which the State Bench is located Member Secretary; and (b) the Search-cum-Selection Committee for all other cases shall consist of the following members, namely: (i) the Chief Justice of India or a Judge of Supreme Court nominated by him, to be the Chairperson of the Committee; (ii) Secretary of the Central Government nominated by the Cabinet Secretary Member; (iii) Chief Secretary of a State to be nominated by the Council Member; (iv) one Member, who (A) in case of appointment of a President of a Tribunal, shall be the outgoing President of the Tribunal; or (B) in case of appointment of a Member of a Tribunal, shall be the sitting President of the Tribunal; or (C) in case of the President of the Tribunal seeking re-appointment or where the outgoing President is unavailable or the removal of the President is being considered, shall be a retired Judge of the Supreme Court or a retired Chief Justice of a High Court nominated by the Chief Justice of India; and (v) Secretary of the Department of Revenue in the Ministry of Finance of the Central Government Member Secretary. (5) The Chairperson shall have the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied above. ] (11) The President or any Member may, by notice in writing under his hand addressed to the Government, resign from his office: Provided that the President or Member shall continue to hold office until the expiry of three months from the date of receipt of such notice by the Government or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest. (12) The Government may, on the recommendations of the Search-cum-Selection Committee, remove from the office President or a Member, who (a) has been adjudged an insolvent; or (b) has been convicted of an offence which involves moral turpitude; or (c) has become physically or mentally incapable of acting as such President or Member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as such President or Member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest: Provided that the President or the Member shall not be removed on any of the grounds specified in clauses (d) and (e), unless he has been informed o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esident by reason of his death, resignation or otherwise, the senior most Member of the National Bench shall act as the President until the date on which a new President, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office: Provided further that where the President is unable to discharge his functions owing to absence, illness or any other cause, the senior most Member of the National Bench shall discharge the functions of the President until the date on which the President resumes his duties. (3) The Technical Member (Centre) and Technical Member (State) of the National Bench and Regional Benches shall be appointed by the Government on the recommendations of a Selection Committee consisting of such persons and in such manner as may be prescribed. (4) The Judicial Member of the State Bench or Area Benches shall be appointed by the State Government after consultation with the Chief Justice of the High Court of the State or his nominee. (5) The Technical Member (Centre) of the State Bench or Area Benches shall be appointed by the Central Government and Technical Member (State) of the State Bench or Area Benches shall be app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government may, after consultation with the Chief Justice of India, in case of the President, Judicial Members and Technical Members of the National Bench, Regional Benches or Technical Members (Centre) of the State Bench or Area Benches, and the State Government may, after consultation with the Chief Justice of High Court, in case of the State President, Judicial Members, Technical Members (State) of the State Bench or Area Benches, may remove from the office such President or Member, who- (a) has been adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of such Government involves moral turpitude; or (c) has become physically or mentally incapable of acting as such President, State President or Member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as such President, State President or Member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest: Provided that the President, State President or the Member shall not be removed on any of the grounds specified in clauses (d) and (e), unless he has been informed of the charg ..... 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