1[(1) The 2[Government] shall, by notification in the Official Gazette, constitute one or more Appellate Tribunals with headquarters at Delhi, for deciding appeals preferred under section 343 or section 347B.
(2) An Appellate Tribunal shall consist of one person to be appointed by the 1[Government] on such terms and conditions of service as may be prescribed by rules.
(3) A person shall not be qualified for appointment as the presiding officer of an Appellate Tribunal unless he is, or has been, a district judge or an additional district judge or has, for at least ten years, held a judicial office in India.
(4) The 1[Government] may, if it so thinks fit, appoint one or more persons having special knowledge of, or experience in, the matters involved in such appeals, to act as assessors to advise the Appellate Tribunal in the proceedings before it, but no advice of the assessors shall be binding on the Appellate Tribunal.
(5) The 1[Government] shall, by notification in the Official Gazette, define the territorial limits within which an Appellate Tribunal shall exercise its jurisdiction, and where different Appellate Tribunals have jurisdiction over the same territorial limits, the 1[Government] shall also provide for the distribution and allocation of work to be performed by such Tribunals.
(6) For the purpose of enabling it to discharge its functions under this Act, every Appellate Tribunal shall have a Registrar and such other staff on such terms and conditions of service as may be prescribed by rules:
Provided that the Registrar and staff may be employed jointly for all or any number of such Tribunals in accordance with the rules.
Footnotes in the official text
- 1.Ins. by Act 42 of 1984, s. 7 (w.e.f. 10-2-1986).
- 2.Subs. by Delhi Act 12 of 2011, s. 2, for “Central Government” (w.e.f. 13-1-2012).