(1) As and when vacancies of a Member in the Appellate Tribunal Exist or arise, or are likely to arise, the appropriate Government may make a reference to the selection Committee in respect of the vacancies to be filled.
(2) The Selection Committee may, for the purpose of selection of the Member of the Appellate Tribunal, follow such procedure as deemed fit including the appointment of a Search Committee consisting of such persons as the Selection Committee considers appropriate to suggest a panel of names for appointment as Member of the Appellate Tribunal.
(3) The Selection Committee shall select two persons for each vacancy and recommend the same to the appropriate Government.
(4) The Selection Committee shall make its recommendation to the appropriate Government within a period of sixty days from the date of reference made under sub-rule (1).
(5) The appropriate Government shall within thirty days from the date of the receipt of the recommendation by the Selection Committee, appoint one of the two persons recommended by the Selection Committee for the vacancy of the Member.
27. Salary and allowances payable and the other terms and conditions of service of Chairperson and Members of Appellate TribunaI,-- (1) The salaries and allowances payable to the Chairperson and Members of the Appellate Tribunal shall be as follows,-
(a) The Chairperson shall be paid a monthly salary equivalent to the last drawn salary by such person or last pay drawn minus pension, as a Judge of a High Court or any fixed Pay as may be decided by the State Government;
(b) the Member shall be paid a fixed Pay or last pay drawn minus pension as may be decided by the State Government; and shall not be entitled to any allowance relating to house and vehicle.
( c) Every part-time member, who is not a servent of Government shall be paid a sitting fee for each day he attends the meeting of the regulatory authority as may be determined by the Government, from time to time and shall not be entitled to any allowance relating to house and vehicle
(2) The Chairperson and every other Member shall be entitled to thirty days of earned leave for every completed year of service.
(3) The other allowances and conditions of service of the Chairperson and the other Member shall be such as may be determined by the State Government from time to time.
28. Inquiry of the charge against Chairperson or Member of Authority or Appellate Tribunal,—- (1) The appropriate Government shall on the occurrence of any of the circumstances specified in clause (d) or clause (e) of sub-section (1) of section 26in case of a Chairperson or Member of the Authority or as specified under sub-section (1) of section 49 in case of a Chairperson or Member of the Appellate Tribunal, either by receipt of a complaint in this regard or suo motu, as the case may be, make a preliminary scrutiny with respect to such charge against the Chairperson or any Member of the Authority or Appellate Tribunal, as the case may be.
(2) If, on preliminary scrutiny, the appropriate Government considers it necessary to investigate into the allegation, it shall place the complaint, if any, together with supporting material as may be available, before ChiefJustice of the High Court to appoint a sitting or retired Judge of the High Court.
(3) The appropriate Government shall forward to the Judge appointed under sub—rule (2), copies of,—
(a) The statement of charges against the Chairperson or Member of the Authority or Appellate Tribunal, as the case may be; and
(b) materials documents relevant to the inquiry.
(4) The Chairperson or Member of the Authority or Appellate Tribunal, as the case may be, shall be given a reasonable opportunity of being heard with respect to the charges within the time period as may be specified in this behalf by the Judge conducting the inquiry in the matter.
(5) Where it is alleged that the Chairperson or Member of an Appellate Tribunal is unable to discharge the duties of his office efficiently due to any physical or mental incapacity and the allegation is denied, the Judge may arrange for the medical examination of the Chairperson or Member of the Appellate Tribunal.
(6) After the conclusion of the investigation, the Judge shall submit his report to the appropriate Government stating therein his findings and the reasons thereof on each of the articles of charges separately with such observations on the whole case as he thinks fit.
(7) After receipt of the report under sub-rule (6), the appropriate Government shall in consultation with the Chief Justice of the High Court decide to either remove or not to remove the Chairperson or Member of the Authority or Appellate Tribunal, as the case may be.
29. Salary and allowances payable and the other terms and conditions of service of the officers and other employees of Appellate TribunaI,-- (1) The conditions of service of the officers and employees of the Appellate Tribunal and any other category of employees in the matter of pay, allowances, leave, joining time, joining time pay, age of superannuation and other conditions of service, shall be regulated in accordance with such rules and regulations as are, from time to time, as applicable to officers and employees of the appropriate Government and drawing the corresponding scales of pay.
(2) The appropriate Government shall have power to relax the provisions of any of these rules in respect of any class or category of officers or employees, as the case may be.
30. Additional powers of Appellate TribunaI,-- (1) In addition to the powers specified in clause (g) of sub—section (4) of section 53, the Tribunal shall exercise the following additional powers,—
(a) require the promoter, allottee or real estate agent to furnish in writing such information or explanation or produce such documents within such reasonable time, as it may deem necessary;
(b) Requisitioning, subject to the provisions of section 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), any public record or document or copy of such record or Document from any office.
(2) The Appellate Tribunal may call upon such experts or consultants from the fields of economics, commerce, accountancy, real estate, competition, construction, architecture, law or engineering or from any other discipline as it deems necessary, to assist the Appellate Tribunal in the conduct of any inquiry or proceedings before it.
31. Administrative powers of Chairperson of Appellate TribunaI,-- (1) The Chairperson of the Appellate Tribunal shall exercise the administrative powers in respect of—
(a) Matters pertaining to staff strength, wages and salary structures, emoluments, Perquisites and personnel policies;
(b) Matters pertaining to creation and abolition of posts;
(c) matters pertaining to appointments, promotions and confirmation for all posts;
(d) acceptance of resignation by any Member, officer or employee;
(e) officiating against sanctioned posts;
(f) authorisation of tours to be undertaken by any Member, officer or employee, within and outside India;
(g) matters in relation to reimbursement of medical claims;
(h) matters in relation to grant or rejection of leaves;
(i) permission for hiring of vehicles for official use;
(j) nominations for attending seminars, conference and training courses in India or abroad;
(k) permission for invitation of guests to carry out training course;
(I) matters pertaining to staff welfare expenses;
(m) sanction or scrapping or write-off of capital assets which due to normal wear and tear have become unserviceable or are considered beyond economical repairs;
(n) all matters relating to disciplinary action against any Member, officer or employee.
(2) The Chairperson of the Appellate Tribunal shall also exercise such other powers that may be required for the efficient functioning of the Appellate Tribunal and enforcement of the provisions of the Act and the rules and regulations made thereunder.