DEMO|

Maharashtra Value Added Tax Rules, 2005
-

Body 6. Constitution of a Selection Committee and terms of office of the members of Tribunal:

(1) (a) The Selection Committee shall consist of the following, namely:-

(i) Retired High Court Judge of the High Court of Judicature at Bombay nominated by the State Government, in consultation with the High Court of Judicature at Bombay; Chairperson;
(ii) Additional Chief Secretary, General Administration Department, Government of Maharashtra; Member;
(iii) Additional Chief Secretary, Finance Department, Government of Maharashtra; Member;
(iv) Principal Secretary or Secretary, Law and Judiciary Department, Government of Maharashtra; Member.

(b) The Joint Secretary or, as the case may be, Deputy Secretary, Finance Department shall be the Convener of the said Selection Committee.

(1A) The person, specified in sub-clause (a), (b) or, as the case may be, (c) of clause (iv) of sub-section (3) of section 11, shall make an application for appointment as member of the Tribunal in the Form 110 to the Selection Committee constituted under sub-rule (1) in pursuance of clause (b) of subsection (3A) of section11:

Provided that, no such application shall be entertained from a person covered under sub-clause (b) of clause (iv) of sub-section (3) of section 11, after a period of six months from the date of his retirement:

Provided further that, no such application shall be entertained from a person covered under sub-clause (c) of clause (iv) of sub-section (3) of section 11, after a period of twelve months from the date of his retirement.

(1B) (a) The president, appointed under sub-section (2) of section 11, shall hold office for a term of three years from the date on which he is so appointed or, as the case may be, re-appointed or until he attains the age of sixty-six years, whichever is earlier.

(b) A member appointed under sub-clause (a) of clause (iv) sub-section (3) of section 11, other than the President, shall hold office for a term of three years from the date on which he is so appointed or, as the case may be, re-appointed or until he attains the age of sixty-six years, whichever is earlier:

Provided that, nothing in this clause shall affect the re-appointment of a member which is made before the date of effect of this sub-rule.

(c) A member appointed under clause (b) of sub-section (3A) of section 11, shall hold the office for a term of three years from the date on which he is so appointed or, as the case may be, re-appointed or until he attains the age of sixty-one years, whichever is earlier.

(2) A person appointed as a member of the Tribunal under clause (b) of sub-section (3A) of section 11 shall not be eligible for further employment in the Sales Tax Department, after he ceases to hold office as a member of the Tribunal.

(3) The appointment of a member of the Tribunal may be terminated before the expiry of his term of office, if the member ­

    (a) is adjudged an insolvent, or

    (b) engages during his term of office in any paid employment outside the duties of his office, or

    (b1) has been convicted of an offence which, in the opinion of the State Government involves moral turpitude, or (b2) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member, or (b3) has so abused his position as to render his continuance in office prejudicial to the public interest.

    (c) is, in the opinion of the State Government unfit to continue in office by reason of infirmity of mind or of body, or any other reason.

Provided that, a member shall not be terminated on any of the grounds specified herein above, unless he has been informed of the charges against him and has been given an opportunity of being heard:

Provided further that, the appointment of a member of the Tribunal shall not be terminated unless an order is made by the State Government on the basis of proved ground specified in this sub-rule, after an inquiry made by a sitting Judge of High Court nominated in this behalf, by the Chief Justice of the High Court of Judicature at Bombay on a reference made to him by the State Government.

(4) A Member of the Tribunal shall, on the expiry of his term of office, be eligible for re-appointment.

(5) A Member of the Tribunal may, at any time, by writing under his hand addressed to the State Government, resign his office, and his resignation shall take effect from the date on which it is accepted.

(6) A member, on ceasing to hold his office, shall not be eligible to appear, act or plead before the Tribunal for a period of two years.