Section 39 - Amendment of section 129 - Finance Act, 1984

39. Amendment of section 129 In section 129 of the Customs Act,- (a) for sub-section (2), the following sub-sections shall be substituted, namely:- (2) A judicial member shall be a person who has for at least ten years held a judicial office in the territory of India or who has been a member of the Central Legal Service and has held a post in Grade I of that service or any equivalent or higher post for at least three years, or who has been an advocate for at least ten years. Explanation.-For the purposes of this sub-section,- (i) in computing the period during which a person has held judicial office in the territory of India, there shall be included any period, after he has held any judicial office, during which the person has been an advocate or has held the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law; (ii) in computing the period during which a person has been an advocate, there shall be included any period during which the person has held a judicial office or the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law after he became an advocate. (2A) A technical member shall be a person who has been a member of the Indian Customs and Central Excise Service, Group A, and has held the post of Collector of Customs or Central Excise or any equivalent or higher post for at least three years. ; (b) after sub-section (4), the following sub-section shall be inserted, namely:- (4A) The Central Government may appoint one of the Vice-Presidents of the Appellate Tribunal to be the Senior Vice-President thereof. ; (c) in sub-section (5), for the words The Vice-President , the words The Senior Vice-President or a Vice-President shall be substituted.