(3)The Search-cum-Selection Committee, except for the StateAdministrative Tribunal, shall consist of—(a)a Chairperson, who shall be the Chief Justice of India or a Judge of Supreme Court nominated by him;(b)two Members, who are Secretaries to the Government of India to be nominated by that Government;(c)one Member, who —(i)in case of appointment of a Chairperson of a Tribunal, shall be the outgoing Chairperson of that Tribunal; or(ii)in case of appointment of a Member of a Tribunal, shall be the sitting Chairperson of that Tribunal; or(iii)in case of the Chairperson of the Tribunal seeking re-appointment,shall be a retired Judge of the Supreme Court or a retired Chief Justice of a High Court, to be nominated by the Chief Justice of India:Provided that in the following cases, such Member shall always be a retired Judge of the Supreme Court or a retired Chief Justice of a High Court, to be nominated by the Chief Justice of India, namely:—(i)Industrial Tribunal constituted by the Central Government under the Industrial Disputes Act, 1947;(ii)Debt Recovery Tribunal and Debt RecoveryAppellate Tribunal established under the Recovery of Debts and Bankruptcy Act, 1993;(iii)where the Chairperson or the outgoing Chairperson, as the case may be, of a Tribunal is not a retired Judge of the Supreme Court or a retired Chief Justice or Judge of a High Court; and(iv)such other Tribunals as may be notified by the Central Government, in consultation with the Chairperson of the Search-cum-Selection Committee of that Tribunal; and(d)the Secretary to the Government of India in the Ministry or Department under which the Tribunal is constituted or established—Member-Secretary:Provided that the Search-cum-Selection Committee for a State Administrative Tribunal shall consist of—(a)the Chief Justice of the High Court of the concerned State—Chairman;(b)the Chief Secretary of the concerned State Government—Member;(c)the Chairman of the Public Service Commission of the concerned State—Member;(d)one Member, who—(i)in case of appointment of a Chairman of the Tribunal, shall be the outgoing Chairman of the Tribunal; or(ii)in case of appointment of a Member of the Tribunal, shall be the sitting Chairman of the Tribunal; or(iii)in case of the Chairman of the Tribunal seeking re-appointment,shall be a retired Judge of a High Court nominated by the Chief Justice of the High Court of the concerned State:Provided that such Member shall always be a retired Judge of a High Court nominated by the Chief Justice of the High Court of the concerned State, if the Chairperson or the outgoing Chairperson of the StateAdministrative Tribunal, as the case may be, is not a retired Chief Justice or Judge of a High Court;(e)the Secretary or the Principal Secretary of the General Administrative Department of the concerned State—Member-Secretary.
