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Union of India - Act

Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020

UNION OF INDIA
India

Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020

Rule TRIBUNAL-APPELLATE-TRIBUNAL-AND-OTHER-AUTHORITIES-QUALIFICATIONS-EXPERIENCE-AND-OTHER-CONDITIONS-OF-SERVICE-OF-MEMBERS-RULES-2020 of 2020

Published on 12 February 2020
Commenced on 12 February 2020
[This is the version of this document from 12 February 2020.]
[Note: The original publication document is not available and this content could not be verified.]

Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020Published vide Notification No. G.S.R. 109(E), dated 12.2.2020Last Updated 13th February, 2020G.S.R. 109(E). - In exercise of the powers conferred by section 184 of the Finance Act, 2017 (7 of 2017) , the Central Government hereby makes the following rules, namely:-

1. Short title, commencement and application.

(1)These rules may be called the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020.

(2)They shall come into force on the date of their publication in the Official Gazette.

(3)These rules shall apply to the Chairman, Vice-Chairman, Chairperson, Vice- Chairperson, President, Vice- President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member, Member of the Tribunal, Appellate Tribunal or, as the case may be, Authority as specified in column (2) of the Eighth Schedule of the Finance Act, 2017 (7 of 2017).

2. Definitions.

- In these rules, unless the context otherwise requires, -

(a)"Act" means an Act specified in column (3) of the Eighth Schedule of the Finance Act, 2017(7 of 2017);

(b)"Accountant Member", "Administrative Member", "Judicial Member", "Expert Member", "Law Member", "Revenue Member" or "Technical Member" means the Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member or Technical Member of the Tribunal, Appellate Tribunal or, as the case may be, Authority appointed under the corresponding provisions of the Act;

(c)"Appellate Tribunal", "Authority" or "Tribunal" has the same meaning as assigned to it in the corresponding provisions of the Act;

(d)"Chairman" or "Chairperson" or "President" means the Chairman, Chairperson or President of the Tribunal, Appellate Tribunal or, as the case may be, Authority appointed under the corresponding provisions of the Act;

(e)"Member" means the Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member or Technical Member and includes the Chairman, Vice-Chairman, Chairperson, Vice-Chairperson, Presiding Officer of the Security Appellate Tribunal, President or, as the case may be, Vice- President;

(f)"Presiding Officer" means the Presiding Officer of the Security Appellate Tribunal appointed under section 15L of the Securities and Exchange Board of India Act, 1992 (15 of 1992), Presiding Officer of the Debts Recovery Tribunal appointed under sub-section (1) of section 4 of the Recovery of Debts due to Banks and Financial Institutions Act 1993, (51 of 1993) and Presiding Officer of the Industrial Tribunal appointed by the Central Government under sub-section (1) of section 7A of the Industrial Disputes Act,1947 (14 of 1947);

(g)"Search-cum-Selection Committee" means the Search-cum-Selection Committee referred to in rule 4;

(h)"Vice-Chairman" or "Vice- Chairperson" or "Vice-President" means the Vice-Chairman, the Vice-Chairperson or Vice-President of the Tribunal, Appellate Tribunal or, as the case may be, Authority;

(i)words and expressions used herein and not defined but defined in the Act shall have the same meanings respectively assigned to them in the respective Acts.

3. Qualifications for appointment of Member.

- The qualification for appointment of the Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice-President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member of the Tribunal, Appellate Tribunal or, as the case may be, Authority shall be such as specified in column (3) of the Schedule annexed to these rules.

4. Method of recruitment.

(1)The Chairman, Chairperson, President, Vice-Chairman, Vice-Chairperson, Vice- President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member of the Tribunal, Appellate Tribunal or, as the case may be, Authority shall be appointed by the Central Government on the recommendation of a Search-cum-Selection Committee constituted for the Tribunal, appellate Tribunal or, as the case may be, Authority specified in column (4) of the said Schedule in respect of the Tribunal, Appellate Tribunal or as the case may be, Authority specified in column (2) of the said Schedule.

(2)The Search-cum-Selection Committee shall determine its procedure for making its recommendation and, after taking into account the suitability, record of past performance, integrity as well as adjudicatory experience keeping in view the requirements of the Tribunal, Appellate Tribunal or, as the case may be, Authority, recommend a panel of two or three persons for appointment to each post.

(3)No appointment of Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice-President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member of the Tribunal, Appellate Tribunal or Authorities shall be invalid merely by reason of any vacancy or absence in the Searchcum-Selection Committee.

(4)Nothing in this rule shall apply to the appointment of Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice- President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member of the Tribunal, Appellate Tribunal or, as the case may be, Authority functioning as such immediately before the commencement of these rules.

5. Medical fitness.

- No person shall be appointed as the Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice- President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member of the Tribunal, Appellate Tribunal or Authority, or as the case may be unless he is declared medically fit by an authority specified by the Central Government in this behalf.

6. Resignation by a Member.

- A Member may, by writing under his hand addressed to the Central Government, resign his office at any time:Provided that the Member shall, unless he is permitted by the Central Government to relinquish 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 a successor enters upon his office or until the expiry of his term of office, whichever is earlier.

7. Removal of Member from office.

- The Central Government shall, on the recommendation of a Search-cum-Selection Committee, remove from office any Member, who-

(a)has been adjudged as an insolvent; or

(b)has been convicted of an offence which, involves moral turpitude; or

(c)has become physically or mentally incapable of acting as such a Member; or

(d)has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or

(e)has so abused his position as to render his continuance in office prejudicial to the public interest:

Provided that where a Member is proposed to be removed on any ground specified in clauses (b) to (e), he shall be informed of the charges against him and given an opportunity of being heard in respect of those charges.

8. Procedure for inquiry of misbehavior or incapacity of the Member.

(1)If a written complaint received by the Central Government, alleging any definite charge of misbehavior or incapacity to perform the functions of the office in respect of a Chairman, Vice-Chairman, Chairperson, Vice-Chairperson, President, Vice-President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member, it shall make a preliminary scrutiny of such complaint.

(2)If on preliminary scrutiny, the Central Government is of the opinion that there are reasonable grounds for making an inquiry into the truth of any misbehavior or incapacity of a Chairman, Vice-Chairman, Chairperson, Vice-Chairperson, President, Vice-President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member, it shall make a reference to the Search-Cum-Selection Committee to conduct the inquiry.

(3)The Search-Cum-Selection Committee shall complete the inquiry within such time or such further time as may be specified by the Central Government.

(4)After the conclusion of the inquiry, the Search-Cum-Selection Committee shall submit its report to the Central Government stating therein its findings and the reasons therefor on each of the charges separately with such observations on the whole case as it may think fit.

(5)The Search-Cum-Selection Committee shall not be bound by the procedure laid down by the Code of Civil Procedure,1908 (5 of 1908) but shall be guided by the principles of natural justice and shall have power to regulate its own procedure, including the fixing of date, place and time of its inquiry.

9. Term of office of Member.

(1)The Chairman, Chairperson or President shall hold office for a term of four years or till he attains the age of seventy years, whichever is earlier.

(2)The Vice-Chairman, Vice-Chairperson, Vice President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or, as the case may be, Member shall hold office for a term of four years or till he attains the age of sixty-five years, whichever is earlier.

10. Casual vacancy.

(1)In case of a casual vacancy in the office of, -

(a)the Chairman, Chairperson, President, or Presiding Officer of the Security Appellate Tribunal, the Central Government shall have the power to appoint the senior most Vice-Chairperson or Vice-Chairman, Vice-President or in his absence, one of the Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member, or Member of the Tribunal, Appellate Tribunal or, as the case may be, Authority to officiate as Chairperson, Chairman, President or Presiding Officer.

(b)the Chairperson of the Debts Recovery Appellate Tribunal, the Central Government shall have power to appoint the Chairperson of another Debts Recovery Appellate Tribunal to officiate as Chairperson and in case of a casual vacancy in the office of the Presiding Officer of the Debts Recovery Tribunal, the Chairperson of the Debts Recovery Appellate Tribunal shall have power to appoint the Presiding Officer of another Debts Recovery Appellate Tribunal to officiate as Presiding Officer.

11. Salary and allowances.

(1)The Chairman, Chairperson or President of the Tribunal, Appellate Tribunal or, as the case may be, Authority or the Presiding Officer of the Security Appellate Tribunal shall be paid a salary of Rs. 2,50,000 (fixed) and other allowances and benefits as are admissible to a Central Government officer holding posts carrying the same pay.

(2)The Vice-Chairman, Vice-Chairperson, Vice-President, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or, as the case may be, Member shall be paid a salary of Rs. 2,25,000 and shall be entitled to draw allowances as are admissible to a Government of India officer holding Group 'A' post carrying the same pay.

(3)A Presiding Officer of the Debts Recovery Tribunal or a Presiding Officer of the Industrial Tribunal constituted by the Central Government shall be paid a salary of Rs.1,44,200 - 2,18,200 and shall be entitled to draw allowances as are admissible to a Government of India officer holding Group 'A' post carrying the same pay.

(4)In case of a person appointed as the Chairman, Chairperson, President, Vice-Chairman, Vice-Chairperson, Vice President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member, as the case may be, is in receipt of any pension, the pay of such person shall be reduced by the gross amount of pension drawn by him.

12. Pension, Gratuity and Provident Fund.

(1)In case of a serving Judge of the Supreme Court or a High Court or a Judicial Member of the Tribunal or a member of the Indian Legal Service or a member of an organised Service appointed to the post of the Chairperson, Chairman, President or Presiding Officer of the Security Appellate Tribunal , the service rendered in the Tribunal, Appellate Tribunal or, as the case may be, Authority shall count for pension to be drawn in accordance with the rules of the service to which he belongs and he shall be governed by the provisions of the General Provident Fund (Central Services) Rules, 1960 and the rules for pension applicable to him.

(2)In all other cases, the Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member shall be governed by the provisions of the Contributory Provident Fund (India) Rules,1962 and the Contribution Pension System.

(3)Additional pension and gratuity shall not be admissible for service rendered in the Tribunal, Appellate Tribunal or, as the case may be, Authority.

13. Leave.

(1)The Chairman, Chairperson, President, Vice-Chairman, Vice-Chairperson, Vice-President, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member, Presiding Officer or a Member shall be entitled to thirty days of earned Leave for every year of service.

(2)Casual Leave not exceeding eight days may be granted to the Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice President, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, or Technical Member, Presiding Officer or a Member in a calendar year.

(3)The payment of leave salary during leave shall be governed by rule 40 of the Central Civil Services (Leave) Rules, 1972.

(4)The Chairman, Chairperson, President, Vice-Chairman, Vice-Chairperson, Vice President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member shall be entitled to encashment of leave in respect of the earned Leave standing to his credit, subject to the condition that maximum leave encashment, including the amount received at the time of retirement from previous service shall not in any case exceed the prescribed limit under the Central Civil Service ( Leave) Rules,1972.

14. Leave sanctioning authority.

(1)Leave sanctioning authority, -

(a)for the Vice-Chairman, Vice-Chairperson, Vice-President, Presiding Officer of the Debts Recovery Tribunal and Industrial Tribunal, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member shall be Chairman, Chairperson or, as the case may be, President; and

(b)for the Chairman, Chairperson, Presiding Officer of Security Appellate Tribunal or President, shall be the Central Government, who shall also be sanctioning authority for Accountant Member, Administrative Member, Judicial Member, Expert Member or Member in case of absence of Chairman, Chairperson, Presiding Officer of Security Appellate Tribunal or President.

(2)The Central Government shall be the sanctioning authority for foreign travel to the Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice President, Accountant Member, Administrative Member, Judicial Member, Expert Member, Technical Member, Presiding Officer or a Member.

15. House rent allowance.

- The Chairman, Chairperson, President, Vice-Chairman, Vice-Chairperson, Vice President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Technical Member or Member shall be entitled to house rent allowance at the same rate are admissible to a Government of India officer holding Group 'A' post carrying the same pay .

16. Transport allowance.

- The Chairman, Chairperson, President, Vice-Chairman, Vice-Chairperson, Vice President, Accountant Member, Administrative Member, Judicial Member, Expert Member, Technical Member, Presiding Officer or Member shall be entitled to the facility of staff car for journeys for official and private purposes in accordance with the facilities as are admissible to a Government of India officer holding Group 'A' post carrying the same pay as per the provisions of Staff Car Rules.

17. Declaration of Financial and other Interests.

- The Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice President, Accountant Member, Administrative Member, Judicial Member, Expert Member, Technical Member, Presiding Officer or Member shall, before entering upon his office, declare his assets, and his liabilities and financial and other interests.

18. Other conditions of service.

(1)The terms and conditions of service of a Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice- President, Accountant Member, Administrative Member, Judicial Member, Expert Member, Technical Member, Presiding Officer or Member with respect to which no express provision has been made in these rules, shall be such as are admissible to a Government of India officer holding Group 'A' post carrying the same pay.

(2)The Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice- President, Administrative Member, Judicial Member, Expert Member, Technical Member, Presiding Officer or Member shall not practice before the Tribunal, Appellate Tribunal or Authority after retirement from the service of that Tribunal, Appellate Tribunal or, as the case may be, Authority.

(3)The Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice- President, Accountant Member, Administrative Member, Judicial Member, Expert Member, Technical Member, Presiding Officer or Member shall not undertake any arbitration work while functioning in these capacities in the Tribunal, Appellate Tribunal or Authority.

(4)The Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice- President, Presiding Officer, Accountant Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member, Technical Member or Member of the Tribunal, Appellate Tribunal or, as the case may be, Authority shall not, for a period of two years from the date on which they cease to hold office, accept any employment in, or connected with the management or administration of, any person who has been a party to a proceeding before the Tribunal, Appellate Tribunal or, as the case may be, Authority:Provided that nothing contained in this rule shall apply to any employment under the Central Government or a State Government or a local authority or in any statutory authority or any corporation established by or under any Central, State or Provincial Act or a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013).

19. Oath of office and secrecy.

- Every person appointed to be the Chairman, Chairperson, President, Vice-Chairman, Vice- Chairperson, Vice-President, Accountant Member, Administrative Member, Judicial Member, Expert Member, Technical Member, Presiding Officer or Member shall, before entering upon his office, make and subscribe an oath of office and secrecy in Forms I and II annexed to these rules.FORM I(See rule 19)Form of Oath of Office for Chairman/Vice-Chairman/ Chairperson/ Vice-Chairperson/President/Vice-President/ Presiding Officer/ Administrative Member/ Judicial Member/ Expert Member/Law Member/Revenue Member/Technical Member,/Member of the (Name of the Tribunal/Appellate Tribunal/Authority)I, A. B., having been appointed as Chairman/Vice-Chairman/ Chairperson/ Vice-Chairperson/President/Vice-President/ Presiding Officer/ Accountant Member/ Administrative Member, Judicial Member/ Expert Member / Law Member/ Revenue Member/ Technical Member/ Member of the(Name of the Tribunal/Appellate Tribunal/Authority do solemnly affirm/do swear in the name of God that I will faithfully and conscientiously discharge my duties as the Chairman/Vice-Chairman/ Chairperson/ Vice-Chairperson/ President/Vice-President/Presiding Officer/ Accountant Member/ Administrative Member/ Judicial Member/ Expert Member /Law Member/ Revenue Member/ Technical Member/ Member (Name of the Tribunal/Appellate Tribunal/Authority) to the best of my ability, knowledge and judgment, without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws of land.FORM II(See rule 19)Form of Oath of Secrecy for Chairman/Vice-Chairman/Chairperson/ Vice-Chairperson/President/Vice-President/Presiding Officer/Accountant Member/ Administrative Member/Judicial Member/Expert Member/Law Member/Revenue Member/ Technical Member/Member of the (Name of Tribunal/Appellate Tribunal/Authority)I, A. B., having been appointed as the Chairman/Vice-Chairman/Chairperson/Vice-Chairperson/President/Vice-President/Presiding Officer/Member of the(Name of Tribunal/Appellate Tribunal/Authority), do solemnly affirm/do swear in the name of God that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as Chairman/Vice-Chairman/Chairperson/Vice-Chairperson/President/Vice-President/Presiding Officer/Accountant Member/Administrative Member, Judicial Member/Expert Member/Law Member/ Revenue Member/ Technical Member/Member of the said (Name of Tribunal/Appellate Tribunal/Authority) except as may be required for the due discharge of my duties as the Chairman/Vice-Chairman/ Chairperson/ Vice-Chairperson/President/Vice-President/Presiding Officer/Member.

Schedule

(See rules 3 and 4)

Sl. No.	Name of Tribunal, Appellate Tribunal orAuthority.	Qualification for appointment of Chairperson,Chairman, President, Vice-Chairperson, Vice-Chairman, Vice-President, Presiding Officer, Accountant Member, AdministrativeMember, Judicial Member, Expert Member or Technical Member orMember.	Composition of Search-cum-Selection Committee
(1)	(2)	(3)	(4)
1.	Industrial Tribunal constituted by the CentralGovernment under the Industrial Disputes Act, 1947 (14 of 1947)	A person shall not bequalified for appointment as Presiding Officer, unless he,-(a) is, or has been,a Judge of a High Court; or(b) has, for a combined period of ten years,been a District Judge and Additional District Judge.	Search-cum-Selection-Committee for the post of the Presiding Officer, -(i) Chief Justice ofIndia or a Judge of Supreme Court nominated by him - chairperson;(ii) Outgoing Presiding Officer of the National IndustrialTribunal – member;(iii) Secretary tothe Government of India, Ministry of Labour and Employment-member;(iv) Secretary to the Government of India,Ministry of Commerce (Department for Promotion of Industry andInternal Trade) - member.
2.	Income-tax Appellate Tribunal under theIncome-tax Act, 1961 (43 of 1961)	(1) A person shallnot be qualified for appointment as President unless he is asitting or retired Judge of a High Court and who has completednot less than seven years of service as a Judge in a High Courtor a Vice-President of the Income-tax Appellate Tribunal.(2) The CentralGovernment may appoint one or more members of the Income-taxAppellate Tribunal to be the Vice-President or, as the case maybe, Vice-Presidents thereof.(3) A person shallnot be qualified for appointment as a Judicial Member, unless, --(a) he has, for acombined period of ten years, been a District Judge andAdditional District Judge; or(b) he has been amember of the Indian Legal Service and has held a post ofAdditional Secretary or any equivalent or higher post for twoyears; or(c) he has been anadvocate for twenty-five years.(4) A person shallnot be qualified for appointment as an Accountant Member, unless,--(i) he has fortwenty-five years been in the practice of accountancy, -(a) as a charteredaccountant under the Chartered Accountants Act, 1949 (38 of1949); or(b) as a registeredaccountant under any law formerly in force; or partly as suchregistered accountant and partly as a chartered accountant; or(ii) he has been a member of the Indian RevenueService (Income-tax Service Group "A") and has held thepost of Principal Commissioner of Income-tax or any equivalent orhigher post for two years and has performed judicial,quasi-judicial or adjudicating function for three years.	Search-cum-SelectionCommittee for the post of the President, Vice- President,Accountant Member or Judicial Member -(i) Chief Justice ofIndia or a Judge of the Supreme Court nominated by him –chairperson;(ii) (a) In case ofappointment of President, the Outgoing President, Income-taxAppellate Tribunalmember; or(b) In case ofappointment of Vice- President or Accountant Member or JudicialMember, the President, Income-tax Appellate Tribunal -member ;(iii) Secretary tothe Government of India, Ministry of Law and Justice (Departmentof Legal Affairs) - member; and(iv) Secretary to the Government of India,Ministry of Finance, (Department of Revenue)- member.
3.	The Customs, Excise and Service Tax AppellateTribunal under the Customs Act, 1962 (52 of 1962)	(1) A person shallnot be qualified for appointment as President unless, -(a) he is or hasbeen a Judge of a High Court and who has completed not less thanseven years of service as a Judge in a High Court; or(b) he is the memberof the Appellate Tribunal.(2) A person shallnot be qualified for appointment as a Judicial Member, unless, -(a) he has, for acombined period of ten years, been a District Judge andAdditional District Judge; or(b) he has been amember of the Indian Legal Service and has held a post ofAdditional Secretary or any equivalent or higher post for twoyears; or(c) he has been anadvocate for twenty-five years.(3) A person shall not be qualified forappointment as a Technical Member unless he has been a member ofthe Indian Revenue Service (Customs and Central Excise ServiceGroup 'A') and has held the post of Principal Commissioner ofCustoms or Central Excise or any equivalent or higher post fortwo years and has performed judicial, quasi-judicial oradjudicating function for three years.	Search-cum-SelectionCommittee for the post of President, Judicial Member andTechnical Member-(i) Chief Justice ofIndia or a Judge of the Supreme Court nominated by him -chairperson; (ii)(a) In case of appointment of President, theOutgoing President of the Customs Excise and Service TaxAppellate Tribunal - member; or(b) In case ofappointment of Judicial Member and Technical Member, thePresident, Customs and Excise and Service Tax AppellateTribunal-member ; (iii) Secretary to the Government of India,Ministry of Finance (Department of Revenue)- member;(iv) Secretary to the Government of India,Ministry of Personal, Public Grievances and Pensions (Departmentof Personnel and Training) -member.
4.	Appellate Tribunal under the Smugglers andForeign Exchange Manipulators (Forfeiture of Property) Act, 1976(13 of 1976)	(1) The Chairman ofthe Appellate Tribunal shall be a person who is or has been aJudge of a Supreme Court or a Chief Justice of a High Court.(2) The Member of the Appellate Tribunal shallbe a person not below the rank of Additional Secretary to theGovernment of India or any equivalent or higher post for twoyears and has performed judicial, quasi-judicial or adjudicatingfunction for three years.	Search-cum-SelectionCommittee for the post of Chairman and Member, -(i) Chief Justice ofIndia or a Judge of the Supreme Court nominated by him-chairperson;(ii)(a) in case ofappointment of Chairman, the Outgoing Chairman of the AppellateTribunal - member; or(b) in case ofappointment of Member, the Chairman of the AppellateTribunal-member;(iii) Secretary tothe Government of India, Ministry of Personal, Public Grievancesand Pensions (Department of Personnel and Training)- member;(iv) Secretary to the Government of India,Ministry of Finance (Department of Revenue)- member.
5.	Central Administrative Tribunal under theAdministrative Tribunal Act, 1985 (13 of 1985).	(1) A person shallnot be qualified for appointment as the Chairman, unless he, -(a) is, or has been,a Judge of a High Court; or(b) has, for a periodof not less than three years, held office as AdministrativeMember or Judicial Member in the Central Administrative Tribunal;(2) A person shallnot be qualified for appointment,-(a) as a JudicialMember, unless he,-(i) is, or has been,a Judge of a High Court; or(ii) has, for oneyear, held the post of Secretary to the Government of India inthe Department of Legal Affairs or the Legislative Departmentincluding Member -Secretary, Law Commission of India; or (iii)has, for two years, held a post of Additional Secretary to theGovernment of India in the Department of Legal Affairs orLegislative Department; or(iv) has, for acombined period of ten years, been a District Judge andAdditional District Judge. (b) as an Administrative Member,unless he, -(i) has, for oneyear, held the post of Secretary to the Government of India orany other post under the Central Government or a State Governmentand carrying the scale of pay which is not less than that of aSecretary to the Government of India for one year; or(ii) has, for twoyears, held a post of Additional Secretary to the Government ofIndia, or any other post under the Central or State Governmentcarrying the scale of pay which is not less than that ofAdditional Secretary to the Government of India for a period oftwo years:Provided that the officers belonging to theAll-India services who were or are on Central deputation to alower post shall be deemed to have held the post of Secretary orAdditional Secretary, as the case may be, from the date suchofficers were granted proforma promotion or actual promotionwhichever is earlier to the level of Secretary or AdditionalSecretary, as the case may be , and the period spent on Centraldeputation after such date shall count for qualifying service forthe purpose of this clause.	Search-cum-SelectionCommittee for the post of Chairman, Administrative Member andJudicial Member -(i) Chief Justice ofIndia or Judge of the Supreme Court as nominated by him-chairperson;(ii)(a) in case ofappointment of Chairman the Outgoing Chairman of the CentralAdministrative Tribunal - member; or(b) in case ofappointment of Administrative Member and Judicial Member, theChairman, Central Administrative Tribunal - member;(iii) Secretary tothe Government of India, Ministry of Personal, Public Grievancesand Pensions (Department of Personnel and Training) - member;(iv) Secretary to the Government of India,Ministry of Law and Justice, (Department of Legal Affairs)-member.
6.	Railway Claims Tribunal under the Railway ClaimsTribunal Act, 1987 (54 of 1987)	(1) A person shallnot be qualified for appointment as the Chairman, unless he, -(a) is, or has been, a Judge of a High Court; or (b) has, for aperiod of not less than three years, held office as Vice-Chairman, Judicial Member or Technical Member, as the case maybe.(2) A person shallnot be qualified for appointment as the Vice- Chairman(Judicial),unless he, -(a) is, or has been,a Judge of a High Court; or(b) has been a memberof the Indian Legal Service and has held a post of AdditionalSecretary or any equivalent or any higher post for two years; or(c) has, for twoyears, held a civil judicial post carrying a scale of pay whichis not less than that of an Additional Secretary to theGovernment of India; or(d) has, for a periodof not less than three years, held office as a Judicial Member.(3) A person shallnot be qualified for appointment as the Vice-Chairman(Technical), unless he, -(a) has, for a periodof not less than three years, held office as a Technical Member;(b) has, for twoyears, held a post under a railway administration carrying ascale of pay which is not less than that of an AdditionalSecretary to the Government of India and has adequate knowledgeof rules and procedure of, and experience in, claims andcommercial matters relating to railways.(4) A person shallnot be qualified for appointment as a Judicial Member, unless he,-(a) is, or has been,a Judge of a High Court;(b) has, for a combined period of ten years,been a District Judge and Additional District Judge. (5) A personshall not be qualified for appointment as a Technical Memberunless he is a person of ability, integrity and standing havingspecial knowledge of rules and procedure of, and experience in,claims and commercial matters relating to railways of not lessthan twenty-five years.	Search-cum-SelectionCommittee consisting for the post of the Chairman, Vice-Chairman(Judicial), Vice-Chairman (Technical), Technical Member andJudicial Member: -(i) Chief Justice ofIndia or Judge of the Supreme Court nominated by him –chairperson;(ii) (a) in case ofappointment of Chairman, the Outgoing Chairman, Railway ClaimTribunal - member; or(b) in case ofappointment of Vice- Chairman (Judicial), Vice- Chairman(Technical), Technical Member and Judicial Member, the ChairmanRailway Claim Tribunal - member; or(iii) Member(Traffic) of the Railway Board- member;(iv)Secretary to the Government of India,Ministry of Law and Justice, (Department of Legal Affairs) -member.
7.	Securities Appellate Tribunal under theSecurities Exchange Board of India Act, 1992 (15 of 1992)	(1) A person shallnot be qualified for appointment as the Presiding Officer or aJudicial Member or a Technical Member of the Securities AppellateTribunal, unless he, -(a) in the case of the Presiding Officer,is, or has been, a Judge of the Supreme Court or a Chief Justiceof a High Court; or(b) in the case of a Judicial Member, is, orhas been, a Judge of a High Court; or(c) in the case of aTechnical Member,-(i) is, or has been, an Additional Secretaryfor two years or Secretary in the Ministry or Department of theCentral Government or any equivalent post in the CentralGovernment or a State Government; or(ii) is a person of provenability, integrity and standing having special knowledge andprofessional experience, of not less than twentyfive years, infinancial sectors including securities market or pension funds orcommodity derivatives or insurance.(2) A Member or Parttime Member of the Board or the Insurance Regulatory andDevelopment Authority or the Pension Fund Regulatory andDevelopment Authority, or any person at senior management levelequivalent to Executive Director in the Board or in suchAuthorities, shall not be appointed as Presiding Officer orMember of the Securities Appellate Tribunal, during his serviceor tenure as such with the Board or with such Authorities, as thecase may be, or within two years from the date on which he ceasesto hold office as such in the Board or in such Authorities.(3) The Presiding Officer or Member of theSecurities Appellate Tribunal shall be a person who does not haveany financial or other interest as are likely to prejudiciallyaffect their functions as such Presiding Officer or Member.	Search and SelectionCommittee for Post of the Presiding Officer, Judicial Member andTechnical Member.(i) Chief Justice ofIndia or Judge of the Supreme Court of India nominated by him –chairperson;(ii) (a) in case ofappointment of Presiding Officer, the Outgoing Presiding Officerof the Securities Appellate Tribunal- member;(b) in case ofappointment of Judicial Member and Technical Member, thePresiding Officer of the Securities Appellate Tribunal- member;or(iii) Secretary tothe Government of India, Ministry of Finance, (Department ofEconomic Affairs) - member; and(iv) Secretary to the Government of India,Ministry of Finance, (Department of Revenue) -member.
8.	Debts Recovery Tribunal under the Recovery ofDebts Due to Banks and Financial Institutions Act, 1993 (51 of1993)	A person shall not be qualified for appointmentas Presiding Officer of the Debts Recovery Tribunal, unless he,is, or has been, a District Judge.	Search-cum-SelectionCommittee for the post of Presiding Officer of the Debts RecoveryTribunal, -(i) Chief Justice ofIndia or Judge of the Supreme Court nominated by him-chairperson;(ii) OutgoingPresiding Officer of the Debts Recovery Tribunal - member;(iii) Secretary tothe Government of India, Ministry of Finance (Department ofFinancial Services)- member; and(v) Secretary to the Government of India,Ministry of Corporate Affairs - member.
9.	Debts Recovery Appellate Tribunal under theRecovery of Debts Due to Banks and Financial Institutions Act,1993 (51 of 1993)	A person shall not bequalified for appointment as Chairperson, unless he, --(a) is, or has been,a Judge of a High Court; or(b) has been amember of the Indian Legal Service and has held a post ofAdditional Secretary or any equivalent or any higher post for twoyears; or(c) has held office as the Presiding Officer ofa Debts Recovery Tribunal for three years.	Search-cum-SelectionCommittee for the Chairperson of the Debts Recovery AppellateTribunal, -(i) Chief Justice ofIndia or any Judge of the Supreme Court as nominated by him -chairperson;(ii) OutgoingChairperson of the Debts Recovery Appellate Tribunal - member;(iii) Secretary tothe Government of India, Ministry of Finance (Department ofFinancial Services)- member;(iv)Secretary to the Government of India,Ministry of Corporate Affairs - member.
10.	Airport Appellate Tribunal under the AirportAuthority of India Act, 1994 (55 of 1994)	A person shall not be eligible for appointmentas Chairperson, unless he, is, or has been, a judge of a HighCourt.	Search-cum-SelectionCommittee for the post of Chairperson of Airport AppellateTribunal, -(i) Chief Justice ofIndia or any other judge of Supreme Court nominated by him-chairperson;(ii) OutgoingChairperson of Airport Appellate Tribunal - member;(iii) Secretary tothe Government of India, Ministry of Civil Aviation - member;(iv) Secretary to the Government of India,(Department of Economic Affairs) - member;
11.	Telecom Disputes Settlement and AppellateTribunal under the Telecom Regulatory Authority of India Act,1997 (24 of 1997)	(1) A person shallnot be qualified for appointment as Chairperson, unless he, -(a) is, or has been,a Judge of Supreme Court; or(b) is, or has been,Chief Justice of a High Court.(2) A person shall not be qualified forappointment as Member unless he is a person of ability, integrityand standing having special knowledge of, and professionalexperience of, not less than twenty-five years in economics,business, commerce, law, finance, accountancy, management,industry, public affairs, administration, telecommunications orany other matter which is useful to the Telecom DisputesSettlement and Appellate Tribunal.	Search-cum-SelectionCommittee for the post of the Chairperson and Member, –(i) Chief Justice ofIndia or any judge of the Supreme Court nominated by him-chairperson;(ii) (a) in case ofappointment of Chairperson, the Outgoing Chairperson of theTelecom Disputes Settlement and Appellate Tribunal - member; or(b) in case ofappointment of Member, the Chairperson of the Telecom DisputesSettlement and Appellate Tribunal - member; or(iii) Secretary tothe Government of India, (Department of Telecommunications)-member;(iv) Secretary to the Government of India,Ministry of Civil Aviation - member
12.	Appellate Board under the Trade Marks Act, 1999(47 of 1999)	(1) A person shallnot be qualified for appointment as Chairman, unless he,-(a) is, or has been,a Judge of High Court; or(b) has, for a periodof not less than three years, held office as Vice- Chairperson ofthe Appellate Board.(2) A person shallnot be qualified for appointment as Vice-Chairman, unless he, -(a) is, or has been,a Judge of High Court; or(b) has, for twoyears, held the office of Judicial Member or a Technical Member,and has a degree in law with twelve years of practice at bar ortwelve years' experience in a State Judicial Service.(3) A person shallnot be qualified for appointment as Judicial Member, unless he, -(a) is, or has been,a Judge of High Court; or(b) has, for acombined period of ten years, been a District Judge andAdditional District Judge. (4) A person shall not be qualifiedfor appointment as Technical Member (Trademark), unless he, -(a) has, for tenyears, exercised functions of a Tribunal under the Trade MarksAct, 1999 (47 of 1999) and has held a post not lower than thepost of Registrar for five years and has a degree in law withtwelve years of practice at bar or twelve years' experience in aState Judicial Service, or(b) has, fortwenty-five years, been an advocate of a proven specialisedexperience in trade mark law.(5) A person shallnot be qualified for appointment as Technical Member (Patent),unless he, -(a) has, for fiveyears, held the post or exercised the functions of the Controllerunder the Patents Act, 1970 (39 of 1970); or(b) has, fortwenty-five years, functioned as a registered patent agent andpossesses a degree in engineering or technology or a master'sdegree in science from any University established under law forthe time being in force.(6) A person shallnot be qualified for appointment as Technical Member (Copyright),unless he, -(a) is, or has been amember of the Indian Legal Service and is holding, or has held apost of Additional Secretary or any equivalent or any higher postfor two years; or(b) has, for acombined period of ten years, been a District Judge andAdditional District Judge; or(c) is, or has been amember of a Tribunal or Civil Service not below the rank of anAdditional Secretary to the Government of India with three years'experience in the field of Copyright; or(d) has, fortwenty-five years, been an advocate of a proven specializedexperience in Copyright Law:Provided that one member of the Appellate Boardfor purposes of the Copyright Act shall have qualification as in(a), (b) or (d) above.	(A)Search-cum-Selection for the post of the Chairman, Vice-Chairman, Judicial Member and Technical Member of the AppellateBoard, -(i) Chief Justice ofIndia or any Judge of the Supreme Court nominated by him -chairperson;(ii) (a) in case ofappointment of Chairman, the Outgoing Chairman of the AppellateBoard- member; or(b) in case ofappointment of Vice- Chairman, Judicial Member and TechnicalMember (Trade mark), Technical Member (Patent) and TechnicalMember(Copyright) of the Appellate Board, the Chairman of theAppellate Board-member;or(iii) Secretary tothe Government of India, (Department for Promotion of Industryand Internal Trade) -member;(iv) Secretary to the Government of India,Ministry of Consumer Affairs Food and Public Distribution-member;
13.	National Company Law Appellate Tribunal underthe Companies Act, 2013 (18 of 2013).	(1) The Chairpersonshall be a person who is or has been a Judge of the Supreme Courtor the Chief Justice of a High Court.(2) A Judicial Membershall be a person who is or has been a Judge of a High Court oris a Judicial Member of the National Company Law Tribunal forfive years.(3) A Technical Member shall be a person ofproven ability, integrity and standing having special knowledgeand professional experience, of not less than twenty-five years,in law, industrial finance, industrial management oradministration, industrial reconstruction, investment,accountancy or any other matter which is useful to the NationalCompany Law Appellate Tribunal.	Search-Cum-SelectionCommittee for the post of Chairperson, Judicial Member andTechnical Member -(i) Chief Justice ofIndia or any Judge of the Supreme Court nominated by him-chairperson; (ii) (a) in case of appointment of Chairperson, theOutgoing Chairperson of the National Company Law AppellateTribunal - member; or(b) in case ofappointment of Judicial Member and Technical Member theChairperson of the National Company Law Appellate Tribunal -member; or(iii) Secretary tothe Government of India, Ministry of Corporate Affairs - member;(iv) Secretary to the Government of India,Ministry of Finance (Department of Financial Services)- member.
14.	Authority for Advance Ruling under theIncome-tax Act, 1961 (43 of 1961)	A person shall bequalified for appointment as, -(a) Chairman, who: -(i) is, or has been,a Judge of the Supreme Court; or(ii) is or has been aChief Justice of a High Court.(b) Vice-chairman,who is, or has been, a Judge of a High Court;(c) Law Member, whohas, for a combined period of ten years, been a District Judgeand Additional District Judge; or(d) Revenue Member from the Indian RevenueService who is qualified to be a Member of the Central Board ofDirect Taxes and an officer of the Indian Customs and CentralExcise Service, who is qualified to be a Member of the CentralBoard of Excise and Customs and has performed judicial,quasi-judicial or adjudicating function for three years.	Search-cum SelectionCommittee for the post of Chairman, Vice- Chairman, Law Memberand Revenue Member -(i) Chief Justice ofIndia or any Judge of the Supreme Court nominated by him –chairperson;(ii) (a) in case ofappointment of Chairman, the Outgoing Chairman to the Authoritiesfor Advance Ruling- member; or(b) in case ofappointment of Vice- Chairman, Law Member and Revenue Member, theChairman to the Authorities for Advance Ruling- member;(iii) Secretary tothe Government of India, Ministry of Finance (Department ofRevenue) - member; and(iv) Secretary to the Government of India,Ministry of Personal, Public Grievances and Pensions (Departmentof Personnel and Training) -member.
15.	Film Certification Appellate Tribunal under theCinematograph Act, 1952 (37of 1952)	(1) A person shallnot be qualified for appointment as Chairman, unless he, -(a) is, or has been,a Judge of a High Court; or(b) has, for a periodof not less than three years, held office as member.(2) A person qualified to judge the effect offilms on the public shall be qualified for appointment as aMember.	Search-cum-SelectionCommittee for post of the Chairman and Member of the AppellateTribunal, --(i) Chief Justice ofIndia or any Judge of the Supreme Court nominated by him -chairperson;(ii) (a) in case ofappointment of Chairman, the outgoing Chairman of the AppellateTribunal-member; or(b) in case ofappointment of Member, the Chairman of the AppellateTribunal-member;(iii) Secretary tothe Government of India, Ministry of Information and Broadcasting-member; and(iv) Secretary to the Government of India,Ministry of Culture-member.
16.	National Consumer	(1) A person shallnot be qualified for appointment as President, unless he, - (a)is, or has been, a Judge of the Supreme Court; or (b) is, or hasbeen, Chief Justice of a High Court. (2) A person shall not bequalified for appointment as Member unless he,-(a) is, or has been,a Judge of a High Court; or(b) has, for acombined period of ten years, been a District Judge andAdditional District Judge; or(c) is a person of ability, integrity andstanding, and having special knowledge of, and professionalexperience of not less than twenty-five years in economics,business, commerce, law, finance, accountancy, management,industry, public affairs, administration or any other matterwhich is useful to the National Consumer Disputes RedressalCommission.	Search-cum-SelectionCommittee for post of the President and Member of the NationalConsumer Disputes Redressal Commission, -(i) Chief Justice ofIndia or any Judge of the Supreme Court nominated by him -chairperson; (ii) (a) in case of appointment of President, theOutgoing President of National Consumer Disputes RedressalCommission- member; or(b) in case ofappointment of Member, the President of National ConsumerDisputes Redressal Commission- member;(iii) Secretary tothe Government of India, Ministry of Consumer Affairs, Food andPublic Distribution-member; and(iv) Secretary to the Government of India,Ministry of Commerce (Department for Promotion of Industry andInternal Trade)- member.
17.	Appellate Tribunal for Electricity under theElectricity Act, 2003 (36 of 2003).	(1) A person shallnot be qualified for appointment as Chairperson of the AppellateTribunal, unless he, –(a) is, or has been,a Judge of Supreme Court; or(b) is, or has been,Chief Justice of a High Court.(2) A person shallnot be qualified for appointment as Judicial Member, unless, he--(a) is, or has been,a Judge of a High Court; or(b) has, for acombined period of ten years, been a District Judge andAdditional District Judge.(3) A person shall not be qualified forappointment as Technical Member unless he is a person of ability,integrity and standing having special Search-cum-SelectionCommittee for the post of Chairperson, Judicial Member andTechnical Member --knowledge of, and professional experience of,not less than twentyfive years in matters dealing withelectricity generation, transmission, distribution, regulation,economics, business, commerce, law, finance, accountancy,management, industry, public affairs, administration or in anyother matter which is useful to the Appellate Tribunal.	(i) Chief Justice ofIndia or any Judge of the Supreme Court nominated by him -chairperson; (ii) (a) in case of appointment of Chairperson, theOutgoing Chairperson of the Appellate Tribunal for Electricity -member; or(b) in case ofappointment of Judicial Member and Technical Member, theChairperson of the Appellate Tribunal for Electricity –member;(iii) Secretary tothe Government of India, Ministry Power-member; and(iv) Secretary to the Government of India,Ministry of Petroleum -member.
18.	Armed Forces Tribunal under the Armed ForcesAct, 2007 (55 of 2007)	(1) A person shallnot be qualified for appointment as Chairperson, unless, he, -(a) is, or has been, a Judge of Supreme Court; or (b) is or hasbeen a Chief Justice of a High Court. (2) A person shall not bequalified for appointment as Judicial Member unless he is, or hasbeen, a Judge of a High Court. (3) A person shall not bequalified for appointment as Administrative Member, unless he, -(a) has held or hasbeen holding the rank of Major General or above for a totalperiod of three years in the Army or equivalent rank in the Navyor the Air Force;or(b) has served fornot less than one year as Judge Advocate General in the Army orthe Navy or the Air Force, and is not below the rank of MajorGeneral, Commodore and Air Commodore respectively;or(c) is a person of ability, integrity andstanding having special knowledge of, and professional experienceof not less than thirty years in, economics, business, commerce,law, finance, accountancy, management, industry, public affairs,administration or in any other matter useful to the Armed ForcesTribunal.	Search-cum-SelectionCommittee for the post of Chairperson, Judicial Member andAdministrative Member --(i) Chief Justice ofIndia or any Judge of the Supreme Court nominated by him -chairperson;(ii) (a) in case ofappointment of Chairperson, the Outgoing Chairperson of the ArmedForce Tribunal - member; or(b) in case ofappointment of Judicial Member and Administrative Member theChairperson of the Armed Forces Tribunal - member;(iii) Secretary tothe Government of India, Ministry of Defencemember; and(iv) Secretary to the Government of India,Ministry of Personal, Public Grievances and Pensions (Departmentof Personnel and Training)-member.
19.	National Green Tribunal under the National GreenTribunal Act, 2010 (19 of 2010)	(1) A person shallnot be qualified for appointment as Chairperson, unless he, -(a) is, or has been,a Judge of Supreme Court; or(b) is, or has been,Chief Justice of a High Court. (2) A person shall not bequalified for appointment as Judicial Member, unless he, -(a) is, or has been,a Judge of a High Court; or(b) has, for acombined period of ten years, been a District Judge andAdditional District Judge. (3) A person shall not be qualifiedfor appointment as Expert Member, unless he, -(a) has a degree orPost-graduation degree or Doctorate Degree in Science and has anexperience of twenty-five years in the relevant field includingfive years' practical experience in the field of environment andforests (including pollution control, hazardous substancemanagement, environment impact assessment, climate changemanagement, biological diversity management and forestconservation) in a reputed National level institution;or(b) has administrative experience of twentyyears including experience of five years in dealing withenvironmental matters in the Central Government or a StateGovernment or in a reputed National or State level institution.	Search-cum-SelectionCommittee for the post of the Chairperson, Judicial Member andExpert Member of the National Green Tribunal, --(i) Chief Justice ofIndia or any Judge of the Supreme Court nominated by him -chairperson; (ii) (a) in case of appointment of Chairperson, theOutgoing Chairperson of the National Green Tribunal –member;or(b) in case ofappointment of Judicial Member and Expert Member the Chairpersonof the National Green Tribunal - member;(iii) Secretary tothe Government of India, Ministry of Environment andForest-member; and(iv) Secretary to the Government of India,Ministry of Personal, Public Grievances and Pensions (Departmentof Personnel & Training)-member.

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