UTTARANCHAL VAT DRAFTS

1. The Government shall appoint a Tribunal consisting of a President and such members as it think fit to perform the functions assigned to the Tribunal by or under this Act.
2. The President and the members shall be appointed from amongst-
   1. the persons who are qualified to be judges of the High Court, and
   2. the persons belonging to the Uttar Pradesh Trade Tax Service (as applicable in Uttaranchal), who hold or have held a post not below the rank of Additional Commissioner:

      Provided that where the Tribunal consists of one or more persons who is or are member or members of the Uttar Pradesh Higher Judicial Service (as applicable in Uttaranchal), then he or the senior most amongst them shall be appointed as the President.

3. The State Government may prescribe such other qualifications or conditions for the appointment of the President and other members of the Tribunal as it may deem fit.
4. The appointments to the Tribunal shall be made by the State Government-
   1. in case of persons who have been Judges of the High Court or are members of the Uttar Pradesh Higher Judicial Service (as applicable in Uttaranchal), in consultation with the High Court; and
   2. in case of persons belonging to the Uttar Pradeesh Trade Tax Service (as applicable in Uttaranchal), by selection on the principle of merit from amongst persons who hold or have held the post not below the rank of Additional Commissioner of Trade Tax.
5. The provisions of Rule 56 of the U.P. Fundamental Rules as applicable in Uttarnchal, shall apply to every member of the Tribunal including the President as they apply to any other Govt. servant.
6. The head quarter of the President of the Tribunal shall be at Dehradun, and he shall exercise the concurrent jurisdiction over all the Benches in Uttaranchal.
7. The head quarters and jurisdiction of other single member benches, referred to in clause (i) of sub-section (9) of Section 53. shall be such as the Govt. may, from time to time, in consultation with the President of the Tribunal notify.
8. The President may, from time to time, constitute benches of two or more members, and specify the jurisdiction and place of sitting of such benches as he may consider necessary.
9. The President may issue administrative instructions to the members for the smooth functioning of the Tribunal.
10. The Tribunal shall, with the previous sanction of the Govt. make regulations consistent with the provisions of this Act and the rules made thereunder for regulating its procedure and the disposal of its business.
11. The regulations made under sub-section (10) shall be published in the official Gazette.

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