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Chapter -5

Chapter -5 Provision on Appeal Committee
18. Appointment of the Member of the Appellate Committee:

(1) The   following qualified person shall be appointed as a member of the Appellate
Committee:
(a) Having at least bachelor degree in law with at least ten years experience  in such area.
(b) Having at least five years working experience in the post on Gazetted First Class in the engineering service, civil group, building and architect sub-group.
(2) The tenure of the member of the committee of the Appeal shall be three years.
(3) Not withstanding anything contained in the Sub-rule (2), if any member does not fulfill their official responsibility or incompetent in working, the authority may remove any time from the position of the member.
But, before the removing from the position, he/she shall not be deprived of the opportunity to submit their clarification.

19. Procedures of the Appellate Committee:

(1) All members of the Appellate Committee collectively, by establishing a bench, shall proceed and make a
decision on the appeal filed in the Appellate Committee.
(2) Notwithstanding anything contained in Sub-rule 2, the proceeding over the appeal may be done by any two members and the final decision on appeal may be given if one member is present including the Chairperson.
(3) On the bench where the three members are present, if all the members vote for unanimously or the majority is established by the votes of two members, the decision shall be taken as the decision of the Appellate Committee.
(4) If unanimous decision could not reach in the bench of two members, with regard to proceedings, it shall be done as per the advice of the Chairperson if the bench comprises a Chairperson and if the bench is without a Chairperson, it shall be done as per the advice of the legal member. With regard to the decision of  the Appellate Committee or the final orders, the verdict approved by the member who was absent earlier shall be the decision of the Appellate Committee.
(5) While presenting before the prior absent member pursuant to Sub-rule  4, if the decision could not reach on majority, it shall be presented to the Supreme Court for decision and for that matter the decision of the Supreme Court shall be the final.
(6) The Committee of appeal shall make a decision on the appeal generally within three months.
(7) Other working procedure of the Appellate Committee shall be as determined by the Committee.

20. Provisions on Secretariat and Employees of the Appellate Committee:
(1) The Secretariat of the Appellate Committee shall be in the place determined by the Authority.
(2) The officer who is in charge of the work relating to the legal function of the Authority shall be the Secretary of the Appellate Committee.
(3) Other employees necessary for the Appellate Committee shall be managed by the Authority.
(4) The administrative function of the Appellate Committee shall be performed by the Secretary and other employees under the general control and direction of the Chairman of the Committee.
(5) The Secretary of the Appellate Committee shall have the power equal to the power, granted by the prevailing law, that have to the Registrar of the Appellate Court.

21. Facilities of the Chairman, Member and Secretary of the Appellate  Committee:

(1) The Chairman or Member of the Appellate Committee shall get monthly facilities as determined by the Ministry on the approval of the Ministry of Finance.
(2) The Chairman, Member or Secretary of the Appellate Committee shall get meeting allowances for participating in the meeting of the Appellate Committee as determined by the Ministry on the approval of the Ministry of
Finance.

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