(1) The Central Government may, by notification in the Official
Gazette, constitute an Appellate Tribunal 1
*** consisting of a Chairman and such number of other members (being
officers of the Central Government not below the rank of a Joint Secretary to the Government) as the Central
Government thinks fit, to be appointed by the Government for 2
[hearing appeals the orders made--
(a) under section 7, sub-section (1) of section 9 or section 10;
(b) under section 68F, section 68-I, sub-section (1) of section 68K or section 68L, of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);
(c) by the Adjudicating Authority or any other authority under the Prevention of Money-laundering Act, 2002, (15 of 2003);]
(2) The Chairman of the Appellate Tribunal shall be a person who is or has been 3 *** a Judge of the Supreme Court or of a High Court.
(3) The terms and conditions of service of the Chairman and other members shall be such as may be prescribed.
(4) Any person aggrieved by an order of the competent authority made under section 7, sub-section (1) of section 9 or section 10, may, within forty-five days from the date on which the order is served on him, prefer an appeal to the Appellate Tribunal:
Provided that the Appellate Tribunal may entertain any appeal after the said period of forty-five days, but not after sixty days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(5) On receipt of an appeal under sub-section (4), the Appellate Tribunal may, after giving an opportunity to the appellant to be heard, if he so desires, and after making such further enquiry as it deems fit, confirm, modify or set aside the order appealed against.
(6) The powers and functions of the Appellate Tribunal may be exercised and discharged by Benches consisting of three members and constituted by the Chairman of the Appellate Tribunal.
4 [(6A) Notwithstanding anything contained in sub-section (6), where the Chairman considers it necessary so to do for the expeditious disposal of appeals under this section, he may constitute a 5 [Bench with one or two members] and a Bench so constituted may exercise and discharge the powers and functions of the Appellate Tribunal:
Provided that if the members of a Bench so constituted differ on any point or points, they shall state the point or points on which they differ and refer the same to a third member (to be specified by the Chairman) for hearing on such point or points and such point or points shall be decided according to the opinion of that member.]
6 [(6B) In the event of the occurrence of any vacancy in the office of the Chairman by reason of his death, resignation or otherwise, the senior-most member, shall act as the Chairman until the date on which a new Chairman, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office.
(6C) When the Chairman is unable to discharge his functions owing to absence, illness or any other cause, the senior-most member shall discharge the functions of the Chairman until the date on which the Chairman resumes his duties.]
(7) The Appellate Tribunal may regulate its own procedure.
4 [(8) On application to the Appellate Tribunal and on payment of the prescribed fee, the Tribunal may allow a party to any appeal or any person authorised in this behalf by such party to inspect at any time during office hours, any relevant records and registers of the Tribunal and obtain a certified copy of any part thereof.]
(a) under section 7, sub-section (1) of section 9 or section 10;
(b) under section 68F, section 68-I, sub-section (1) of section 68K or section 68L, of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);
(c) by the Adjudicating Authority or any other authority under the Prevention of Money-laundering Act, 2002, (15 of 2003);]
(2) The Chairman of the Appellate Tribunal shall be a person who is or has been 3 *** a Judge of the Supreme Court or of a High Court.
(3) The terms and conditions of service of the Chairman and other members shall be such as may be prescribed.
(4) Any person aggrieved by an order of the competent authority made under section 7, sub-section (1) of section 9 or section 10, may, within forty-five days from the date on which the order is served on him, prefer an appeal to the Appellate Tribunal:
Provided that the Appellate Tribunal may entertain any appeal after the said period of forty-five days, but not after sixty days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(5) On receipt of an appeal under sub-section (4), the Appellate Tribunal may, after giving an opportunity to the appellant to be heard, if he so desires, and after making such further enquiry as it deems fit, confirm, modify or set aside the order appealed against.
(6) The powers and functions of the Appellate Tribunal may be exercised and discharged by Benches consisting of three members and constituted by the Chairman of the Appellate Tribunal.
4 [(6A) Notwithstanding anything contained in sub-section (6), where the Chairman considers it necessary so to do for the expeditious disposal of appeals under this section, he may constitute a 5 [Bench with one or two members] and a Bench so constituted may exercise and discharge the powers and functions of the Appellate Tribunal:
Provided that if the members of a Bench so constituted differ on any point or points, they shall state the point or points on which they differ and refer the same to a third member (to be specified by the Chairman) for hearing on such point or points and such point or points shall be decided according to the opinion of that member.]
6 [(6B) In the event of the occurrence of any vacancy in the office of the Chairman by reason of his death, resignation or otherwise, the senior-most member, shall act as the Chairman until the date on which a new Chairman, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office.
(6C) When the Chairman is unable to discharge his functions owing to absence, illness or any other cause, the senior-most member shall discharge the functions of the Chairman until the date on which the Chairman resumes his duties.]
(7) The Appellate Tribunal may regulate its own procedure.
4 [(8) On application to the Appellate Tribunal and on payment of the prescribed fee, the Tribunal may allow a party to any appeal or any person authorised in this behalf by such party to inspect at any time during office hours, any relevant records and registers of the Tribunal and obtain a certified copy of any part thereof.]
1. The words "to be called the Appellate Tribunal for Forfeited Property" omitted by Act 28 of 2016 s. 226 (w.e.f. 1-6-2016).
2. Subs. by s. 226, ibid., for "hearing appeals against the orders made under section 7, sub-section (1) of section 9 or section 10" (w.e.f. 1-6-2016).
3. The words "or is qualified to be" omitted by s. 226, ibid. (w.e.f. 1-6-2016).
4. Ins. by Act 55 of 1980, s. 2 (w.e.f. 1-7-1981).
5. Subs. by Act 28 of 2016, s. 226, for "Bench of two members" (w.e.f. 1-6-2016)
6. Ins. by s. 226, ibid. (w.e.f. 1-6-2016).