Amendment status not verified — confirm the current text below against the official source.
(I) The Government shall, as soon as may be after the commencement of this Regulation, constitute anAppellateTribunal consistingofoneor moremembers, alj it thinks fit, to exercise the powers and discharge the functions conferred on the Appellate Tribunal by or under this Regulation: Provided that where the Appellate Tribunal consists of one member, that member shall be a person who has held a civil judicial post for at least ten years or who has been a member of the Indian Legal Service not below Grade 111 for at least three years or who has been in practice as an advocate for at leastten and where the Appellate Tribunal consists ofmore than one member, onesuch member shall be apersoa qualifiedasaforesaid: Provided further that the Government may, until the Appella&Tribunal is constituted under this Regulation, notify any other Appellate 'Iki'bunal constituted or established, iinder any State law for the time being in force, with the &Gent of the concerned State Government and such other Appellate Tribunal shall hear and dispose of the appeal in accordance with the provisions of this Regulation till such time the.Appellate Tribunal is constituted under this Regulation. (2) Where, the number of members of the Appellate Tribunal is more than one, the i :-:.., ~overnment shall appoint one of those membetd:@,be-the Chairperson of the Appellate Tribunal. (3) Subject to the provisions ofsub-section (I), the qualifications and other conditions of service of the member or members constitutinp; the Ao~ellate Tribunal and the oeriod for which such member or members shall hold om&, shalibe svch as may be prescrjbed. (4) The members of the Appellate Tribunal shall be appointed by the Government on the recommendation of a selection committee consisting of such person as may be prescribed. Char1ge of sn incumbent of an ofnee. Power of Commissioner to notify certain forms. Pcnons to be public Servants. Immunity tiom civil suit. Appellate Tribunal. SERIES - I No. : 05 DATED laTH AUGUST, 2005. (5) Any vacancy in the membership of t h e ~ ~ ~ e l l a t e ~ r i b u n a l shall be filled up by the Government as soon as practicable. (6) Where the number ofmembers of theAppellateTribunal is more than oneand ifthe members differ in opinion on any point, such point shall be decided according to the opinion of the majority, ifthere is a majority, but if the members are equally divided, the decision of the Chairperson of the Appellate Tribunal thereon shall be final. (7) Subject to the previous sanction of the~ovemment, the Appellate Tribunal shall, for the purpose of regulating its procedure and disposal of its business, make regulations in consistent with the provisions of this Regulation and the rules made thereunder. (8)The regulationsmade under sub-section(6) shall be published intheOfficialGazette. (9)TheAppellate Tribunal shall, for the purpose of discharging its functions, have all the powers which are vested in the Commissioner under section 75 and any proceeding before the AppellateTribunal shall bedeemed to be ajudicial proceeding within the meaning of sections 193 and 228, and for the purposes ofsection 196 ofthe Indian Penal Code, 1860 45 of 1860. and the AppellateTribunal shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. 2 of 1974. CHAPTER XI1 APPBALS, D I S P U ~ AND QUESTIONS A p p ~ l s .