Regulation 11 - Constitution of Special Bench - Customs and Central Excise Settlement Commission Procedure, 2007

11. Constitution of Special Bench :- (1) The Chairman may, for the disposal of a particular case, constitute a Special Bench consisting of at least five Members taken from all the Benches of the Commission. (2) The Special Bench shall be presided over by the Chairman or a Vice-Chairman. (3) If the Members of the Special Bench are equally divided, they shall state the point or points on which they differ and make a reference to the Chairman who shall refer the case for hearing on such point or points by one or more of other Members of the Settlement Commission and such point or points shall be decided according to the opinion of the majority of the Members of the Settlement Commission who have heard the case. (4) Notwithstanding anything contained in the foregoing provisions of this rule, if one or more persons constituting the Special Bench (whether such person is the Presiding Officer or another Member of the Special Bench) are unable to function in the Special Bench owing to illness or any other cause or in the event of occurrence of a vacancy either in the office of the Presiding Officer or in the office of one or other Members of the Special Bench, the remaining Members, if more than three may function as the Special Bench, and the senior most of the remaining Members shall act as the Presiding Officer of the Special Bench.