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Section 7

AFT-Act2007Central Rules · 2007

(1) Subject to the provisions of this section, the ChairperQon and other Members of the Tribunal shall be appointed by the President:

Provided that no appointment under this sub-section shall be made except after consultation with the Chief Justice of India.

(2) The President may appoint one or more Members of the Tribunal to be the Vice- Chairperson, or, as the case may be, the Vice-Chairpersons, thereof.

8. The Chairperson or a Member shall hold office for a term of four years from the date on which he enters upon his office and shall be eligible for re-appointment:

Provided that no Chairperson shall hold office as such after he has attained,—

(a) in case he has been a Judge of the Supreme Court, the age of seventy years;

and

(b) in case he has been the Chief Justice of a High Court, the age of sixty-five years:

¢ Provided further that no other Member shall hold office as such Member after he has attained the age of sixty-five years.

9.(7) The Chairperson or a Member may, by notice in writing under his hand addressed to the President, resign his office:

Provided that the Chairperson or a Member shall, unless he is permitted by the President to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice 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.

(2) The Chairperson or a Member shall not be removed from his office except by an order made by the President on the ground of proved misbehaviour or incapacity after an inquiry made by a sitting Judge of the Supreme Court in which such Chairperson or other Member had been informed of the charges against him and given a reasonable oppormmty of being heard in respect of those charges.

(3) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the Chairperson or other Member referred to in sub-section (2).

Sec.1] THE GAZETTE OF INDIA EXTRAORDINARY 5 . 10. The salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairperson and other Members shall be such as may be prescribed by the Central Government:

Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson and other Members shall be varied to their dlsadvantage after their appomtmem,

11. On ceasing to hold office—

(a) the Chairperson shall be ineligible for further employment either under the Government of India or'under the Government of a State;

(b) a Member other than the Chairperson shall, subject to the provisions of this Act, be eligible for appointment as a member of any other Tribunal but not for any other employment either under the Government of India or under the Government of a State; and

(c) the Chairperson or other Members shall not appear, act or plead before the, Tribunal.

12. The Chairperson shall exercise such financial and administrative powers over the Benches as may be prescribed:

Provided that the Chairperson shall have the authority to delegate such of his financial and administrative powers as he may think fit to any other Member or any officer of the Tribunal, subject to the conditions that such Member or officer shall; while exercising such delegated powers, continue to act under the direction, control and supervision of the Chairperson.

Where this provision sits

ActAFT-Act2007
Section7
JurisdictionCentral
StatusIn force as published by the source

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