law: Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976
  12. Constitution of Appellate Tribunal -
  (1) The Central Government may, by
  
  notification in the Official Gazette, constitute an Appellate Tribunal to be
  
  called the Appellate Tribunal for Forfeited Property consisting of a Chairman
  
  and such number of other members (being of 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 hearing appeals
  
  against the orders made under section 7, sub- section (1) of section9 or
  
  section 10.
  (2) The Chairman of the Appellate Tribunal
  
  shall be a person who is or has been or is qualified to be 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
  
  section10 , 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 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.
  [ (6A)(Note:- Ins. by Act No.55 of 1980,
  
  s.2 (w.e.f. 1-7-1981) 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 Bench of 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. ]
  (7) The Appellate Tribunal may regulate its
  
  own procedure
  [(8) (Note:- Ins. by Act No.55 of 1980, s.2
  
  (w.e.f. 1-7-1981) 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 authorized 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.]