Vacancies.

If, for reason other than temporary absence, any vacancy occurs in the

the provisions of this Act to fill the vacancy and the proceedings may be continued

before the Appellate Tribunal from the stage at which the vacancy is filled.

Resignation and removal

117. (1) The Chairperson of the Appellate Tribunal or a Member of the

Appellate Tribunal may, by notice in writing under his hand addressed to the Central Government, resign his office:

Provided that the Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his

successor enters upon his office or until the expiry of term of office, whichever is

the earliest.

1. (2) The Chairperson of the Appellate Tribunal or a Member of the

Appellate Tribunal shall not be removed from his office except by an order by

the Central Government on the ground of proved misbehaviour or incapacity after an inquiry made by a judge of the Supreme Court as the Central

Government may appoint for this purpose in which the Chairperson or a Member of the Appellate Tribunal concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of such charges.

Member to act as Chairperson in certain circum- stances.

118. (1) In the event of the occurrence of any vacancy in the office of the

Chairperson of the Appellate Tribunal by reason of his death, resignation or otherwise, the senior-most Member of the Appellate Tribunal shall act as the

Chairperson of the Appellate Tribunal until the date on which a new Chairperson,

appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office .

1. (2) When the Chairperson of the Appellate Tribunal is unable to discharge his functions owing to absence, illness or any other cause, the senior- most Member of the Appellate Tribunal shall discharge the functions of the Chairperson of the Appellate Tribunal until the date on which the Chairperson of the Appellate Tribunal resumes his duties. Officers and other employees of Appellate