Section 110 - President and Members of Appellate Tribunal, their qualification, appointment, conditions of service, etc of CGST ACT, 2017

             110. (1) A person shall not be qualified for appointment as—
                       (a) the President, unless he has been a Judge of the Supreme Court or is or has
been the Chief Justice of a High Court, or is or has been a Judge of a High Court for a
period not less than five years;
                      (b) a Judicial Member, unless he—
                          (i) has been a Judge of the High Court; or
                         (ii) is or has been a District Judge qualified to be appointed as a Judge of
a High Court; or

                          (iii) is or has been a Member of Indian Legal Service and has held a post
not less than Additional Secretary for three years;
                    (c) a Technical Member (Centre) unless he is or has been a member of Indian
Revenue (Customs and Central Excise) Service, Group A, and has completed at least
fifteen years of service in Group A;
                   (d) a Technical Member (State) unless he is or has been an officer of the State
Government not below the rank of Additional Commissioner of Value Added Tax or the
State goods and services tax or such rank as may be notified by the concerned State
Government on the recommendations of the Council with at least three years of
experience in the administration of an existing law or the State Goods and Services Tax
Act or in the field of finance and taxation.
               (2) The President and the Judicial Members of the National Bench and the Regional
Benches shall be appointed by the Government after consultation with the Chief Justice of
India or his nominee:
       Provided that in the event of the occurrence of any vacancy in the office of the
President by reason of his death, resignation or otherwise, the senior most Member of the
National Bench shall act as the President until the date on which a new President, appointed
in accordance with the provisions of this Act to fill such vacancy, enters upon his office:
       Provided further that where the President is unable to discharge his functions owing
to absence, illness or any other cause, the senior most Member of the National Bench shall
discharge the functions of the President until the date on which the President resumes his
duties.
               (3) The Technical Member (Centre) and Technical Member (State) of the National
Bench and Regional Benches shall be appointed by the Government on the recommendations
of a Selection Committee consisting of such persons and in such manner as may be prescribed.
              (4) The Judicial Member of the State Bench or Area Benches shall be appointed by the
State Government after consultation with the Chief Justice of the High Court of the State or
his nominee.
              (5) The Technical Member (Centre) of the State Bench or Area Benches shall be
appointed by the Central Government and Technical Member (State) of the State Bench or
Area Benches shall be appointed by the State Government in such manner as may be
prescribed.
             (6) No appointment of the Members of the Appellate Tribunal shall be invalid merely
by the reason of any vacancy or defect in the constitution of the Selection Committee.
             (7) Before appointing any person as the President or Members of the Appellate Tribunal,
the Central Government or, as the case may be, the State Government, shall satisfy itself that
such person does not have any financial or other interests which are likely to prejudicially
affect his functions as such President or Member.
            (8) The salary, allowances and other terms and conditions of service of the President,
State President and the Members of the Appellate Tribunal shall be such as may be prescribed:
       Provided that neither salary and allowances nor other terms and conditions of service
of the President, State President or Members of the Appellate Tribunal shall be varied to their
disadvantage after their appointment.
           (9) The President of the Appellate Tribunal shall hold office for a term of three years
from the date on which he enters upon his office, or until he attains the age of seventy years,  
whichever is earlier and shall be eligible for reappointment.

          (10) The Judicial Member of the Appellate Tribunal and the State President shall hold
office for a term of three years from the date on which he enters upon his office, or until he
attains the age of sixty-five years, whichever is earlier and shall be eligible for
reappointment.
          (11) The Technical Member (Centre) or Technical Member (State) of the Appellate
Tribunal shall hold office for a term of five years from the date on which he enters upon his
office, or until he attains the age of sixty-five years, whichever is earlier and shall be eligible
for reappointment.
          (12) The President, State President or any Member may, by notice in writing under his
hand addressed to the Central Government or, as the case may be, the State Government
resign from his office:
      Provided that the President, State President or Member shall continue to hold office
until the expiry of three months from the date of receipt of such notice by the Central
Government, or, as the case may be, the State Government 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.
       (13) The Central Government may, after consultation with the Chief Justice of India, in
case of the President, Judicial Members and Technical Members of the National Bench,
Regional Benches or Technical Members (Centre) of the State Bench or Area Benches, and
the State Government may, after consultation with the Chief Justice of High Court, in case of
the State President, Judicial Members, Technical Members (State) of the State Bench or Area
Benches, may remove from the office such President or Member, who—
            (a) has been adjudged an insolvent; or
            (b) has been convicted of an offence which, in the opinion of such Government
involves moral turpitude; or
            (c) has become physically or mentally incapable of acting as such President,
State President or Member; or
           (d) has acquired such financial or other interest as is likely to affect prejudicially
his functions as such President, State President or Member; or
           (e) has so abused his position as to render his continuance in office prejudicial
to the public interest:
     Provided that the President, State President or the Member shall not be removed
on any of the grounds specified in clauses (d) and (e), unless he has been informed of
the charges against him and has been given an opportunity of being heard.
           (14) Without prejudice to the provisions of sub-section (13),––
                 (a) the President or a Judicial and Technical Member of the National Bench or
Regional Benches, Technical Member (Centre) of the State Bench or Area Benches
shall not be removed from their office except by an order made by the Central Government
on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge
of the Supreme Court nominated by the Chief Justice of India on a reference made to
him by the Central Government and of which the President or the said Member had
been given an opportunity of being heard;
                (b) the Judicial Member or Technical Member (State) of the State Bench or Area
Benches shall not be removed from their office except by an order made by the State
Government on the ground of proved misbehaviour or incapacity after an inquiry
made by a Judge of the concerned High Court nominated by the Chief Justice of the
concerned High Court on a reference made to him by the State Government and of
which the said Member had been given an opportunity of being heard.
           (15) The Central Government, with the concurrence of the Chief Justice of India, may
suspend from office, the President or a Judicial or Technical Members of the National Bench

or the Regional Benches or the Technical Member (Centre) of the State Bench or Area
Benches in respect of whom a reference has been made to the Judge of the Supreme Court
under sub-section (14).
          (16) The State Government, with the concurrence of the Chief Justice of the High
Court, may suspend from office, a Judicial Member or Technical Member (State) of the State
Bench or Area Benches in respect of whom a reference has been made to the Judge of the
High Court under sub-section (14).
          (17) Subject to the provisions of article 220 of the Constitution, the President, State
President or other Members, on ceasing to hold their office, shall not be eligible to appear, act
or plead before the National Bench and the Regional Benches or the State Bench and the
Area Benches thereof where he was the President or, as the case may be, a Member.

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