TMI BlogGoods and Services Tax Appellate Tribunal (Appointment and Conditions of Service of President and Members) Rules, 2023.X X X X Extracts X X X X X X X X Extracts X X X X ..... Member, Technical Member (Centre) and Technical Member (State) of the Principal Bench and State Bench of Goods and Services Tax Appellate Tribunal. 2. Definitions.- (1) In these rules, unless the context otherwise requires, (a) Act means the Central Goods And Services Tax Act, 2017 (12 of 2017); (b) Committee means the Search-cum-Selection Committee constituted under clause (a) or clause (b) of sub-section (4) of section 110 of the Act; (c) Form means a Form appended to these rules; (d) Member means a Technical Member (Centre) or Technical Member (State) or Judicial Member of the Goods and Services Tax Appellate Tribunal; (e) section means a section of the Act; (f) Tribunal means Goods and Services Tax Appellate Tribunal constituted under section 109 of the Act. (2) Words and expressions used herein and not defined but defined in the Act shall have the same meaning as respectively assigned to them in the Act. CHAPTER II APPOINTMENT OF PRESIDENT AND MEMBER 3. Selection for posts of President and Members (1) The Committee may cause a vacancy circular to be issued through the Member-Secretary, giving details of the posts of M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied in this behalf by the State in which the said State Bench is located. 6. Retirement from parent service on appointment as President or Member. Where, the person appointed as President or Member is a serving Judge of the Supreme Court or a High Court or a serving Member of an organised Service, he shall either resign or obtain voluntary retirement before joining the Tribunal. CHAPTER III REMOVAL OF PRESIDENT OR MEMBER 7. Procedure for inquiry into complaints. (1) Where a written complaint alleging any definite charge of the nature referred to in sub-section (12) of section 110 of the Act in respect of President or Member is received by the Central Government, it shall make a preliminary scrutiny of such complaint. (2) Where, on preliminary scrutiny, the Central Government is of the opinion that there are reasonable grounds for making an inquiry into the truth of any allegation referred to in sub-rule (1), it shall make a reference to the concerned Committee. (3) The said Committee shall conduct an inquiry or cause an inquiry to be conducted by a person who is, or has been, a - (a). Judge of Supreme Court or Chief Justice of a High Court, where the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered in the Tribunal. 12. Leave.- (1) The President or Member shall be entitled to thirty days of earned leave for every year of service. (2) Casual Leave not exceeding eight days may be granted to the President and a Member in a calendar year. (3) The payment of leave salary during leave shall be governed by rule 40 of the Central Civil Services (Leave) Rules, 1972. (4) The President or Member shall be entitled to encashment of leave in respect of the earned Leave standing to his credit, subject to the condition that maximum leave encashment, including the amount received at the time of retirement from previous service shall not in any case exceed the prescribed limit under the Central Civil Service (Leave) Rules,1972. (5) Leave sanctioning authority for- (a). Member, shall be the President; (b). President or Member in case of absence of President, shall be the Central Government. (6) The Central Government shall be the sanctioning authority for foreign travel to the President and Members. CHAPTER VI POWERS OF PRESIDENT AND VICE PRESIDENT 13. Powers of President.- The President shall exercise the powers of Head of the Department for the pur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f office and secrecy in Form II and Form III annexed to these rules. 18. Power to relax:- Where the Central Government is of the opinion that it is necessary or expedient so to do, it may, on the recommendations of the Council, by order and for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons. 19. Interpretation.- If any question arises relating to the interpretation of these rules, the decision of the Central Government thereon, on the recommendations of the Council, shall be final FORM I (See rule 3) [Format for vacancy circular including the format for application] F. No.____________________________ Government of India Ministry of________________________ Department of_____________________ **** Vacancy Circular Room No. New Delhi-110001 Dated, the______ Subject: - Selection for the posts of President/Member in Tribunal-reg. ***** 1. Tribunal: - The Goods and Services Tax Appellate Tribunal is an Appellate Authority established under the Central Goods And Services Tax Act, 2017 to hear various appeals under the______Act,__________ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ................................. to access the home page of the Online Application to apply (wherever applicable). 6. No TA/DA will be admissible to the candidates to be called for interview/interaction. The candidates are required to make own arrangements. 7. Advertisement and Prescribed application form can be downloaded from Ministry s/Tribunals website (name of the website) . 8. Any application received after due date or without necessary Annexure as mentioned above will not be entertained. Wide publicity may be given in all organizations and their field formations to facilitate early and optimum number of application. (Name of the Signing Officer) Under Secretary to the Govt. of India/Director Annexure-I PROFORMA Space for photograph duly signed by candidate Name : 1. Name 2. Date of Birth : 3. Category (SC/ST/OBC/UR) : 4. Designation/Profession : 5. Contact Details : Residential Official Present Permanent Address: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Period of Service Nature of work/ experience* From To Please specify whether the said work involves Judicial or Quasi-Judicial /Criminal/Civil /Taxation/Company Affairs/or any other as may be applicable. 8. Write up on adjudicating experience : of the applicant (200 words) [Wherever applicable] 9. Mention : a. Whether minimum three years of experience is there : (Yes/No. If yes, provide details thereof) in the administration of an existing law or goods and services tax in the Central Government for the post of Technical Member (Centre) b. Whether minimum three years of experience is there : (Yes/No. If yes, provide details thereof ) in the administration of an existing law or goods and services tax or in the field of finance and taxation in the State Government for the post of Technical Member (State) c. Any experience in handling such cases involving : (Brief Writeup) interpretation of goods and servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... BEING SOUGHT (To be furnished and signed by the competent authority or HOD) 1. Name of the Officer (in full) : 2. Father s name : 3. Date of Birth : 4. Date of Retiremen : 5. Date of entry into service : 6. Service to which the officer belongs including batch /year/ cadre etc. , wherever applicable : 7. Positions held (During ten preceding years) : S. No Organisation (name in full) Designation Place of Posting Administrative/ Nodal Ministry/Department concerned (in case of officers of PSUs etc.) From To 8. Whether the officer has been placed on the agreed list or list of Officer of Doubtful Integrity (if yes, details to be given) : 9. Whether any allegation of misconduct : Involving vigilance angle was examined against the officer during the last 10 Years and if so with what result (*) 10. Whether any punishment was awarded to the officer during the last 10 years and if so, the date of imposition and details of penalty (*) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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