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Union of India - Act

The Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017

UNION OF INDIA
India

The Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017

Rule THE-TRIBUNAL-APPELLATE-TRIBUNAL-AND-OTHER-AUTHORITIES-QUALIFICATIONS-EXPERIENCE-AND-OTHER-CONDITIONS-OF-SERVICE-OF-MEMBERS-RULES-2017 of 2017

  • Published on 1 June 2017
  • Commenced on 1 June 2017
  • [This is the version of this document from 1 June 2017.]
  • [Note: The original publication document is not available and this content could not be verified.]
The Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017Published vide Notification No. G.S.R. 514(E), dated 1st June, 2017Ministry of Finance(Department of Revenue)G.S.R. 514(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, 2017.
(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 Debt 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 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 Secretary to the Government of India in the Ministry or Department under which the Tribunal, Appellate Tribunal or, as the case may be, Authority is constituted or established shall be the convener of the Search-cum -Selection Committee.
(3)The Search-cum-Selection Committee shall determine its procedure for making its recommendation.
(4)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 Search-cum-Selection Committee.
(5)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 a 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 the earliest.

7. Removal of Member from office.

- The Central Government may, on the recommendation of a Committee constituted by it in this behalf, remove from office any Member, who-
(a)has been adjudged as an insolvent; or
(b)has been convicted of an offence which, in the opinion of the Central Government, 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), the Member shall be informed of the charges against him and given an opportunity of being heard in respect of those charges:Provided further that the Chairperson or member of the National Company Appellate Tribunal shall be removed from office in consultation with the Chief Justice of India.

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

(1)If a written complaint is 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, the Ministry or Department of the Government of India under which the Tribunal, Appellate Tribunal or, as the case may be, Authority is constituted or established, shall make a preliminary scrutiny of such complaint.
(2)If on preliminary scrutiny, the Ministry or Department of the Government of India under which the Tribunal, Appellate Tribunal or, as the case may be, Authority is constituted or established, 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 Committee constituted under rule 7 to conduct the inquiry.
(3)The 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 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 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.

- Save as otherwise provided in these rules, 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, as the case may be, Member shall hold office for a term as specified in column (5) of the said Schedule and shall hold the office up to such age as specified in column (6) in the said Schedule from the date on which he enters upon his office and shall be eligible for reappointment.

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 Debt 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, a High Court or a serving 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 Contribution Pension System.
(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 as are admissible to Group `A' Officer of the Government of India of a corresponding status.

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 Group `A' Officer of the Government of India of a corresponding status 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 Group `A' Officer of the Government of India of a corresponding status.
(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. Oaths 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.

20. Power to relax.

- Where the Central Government is of the opinion that it is necessary or expedient so to do, it may, by order for reasons to be recorded in writing relax any of the provisions of these rules with respect to any class or category of persons.

21. Interpretation.

- If any question arises relating to the interpretation of these rules, the decision of the Central Government thereon shall be final.

22. Saving.

- Nothing in these rules shall affect reservations, relaxation of age limit and other concessions required to be provided for the Scheduled Castes, Scheduled Tribes, Ex-servicemen and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.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

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,Administrative Member, Judicial Member, Expert Member orTechnical Member or Member. Composition of Search-cum-Selection Committee Term of Office Maximum age for holding Office (in years)
(1) (2) (3) (4) (5) (6)
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,or is qualified to be, a Judge of a High Court; or(b) he has, for aperiod of not less than three-years, been a District Judge or anAdditional District Judge; or(c) is a person of ability, integrity andstanding, and having special knowledge of, and professionalexperience of not less than twenty years in economics, business,commerce, law, finance, management, industry, public affairs,administration, labour relations, industrial disputes or anyother matter which in the opinion of the Central Government isuseful to the Industrial Tribunal. Search-cum-Selection-Committee for the post of the Presiding Officer, -(i) a person to benominated by the Central Government chairperson;(ii) Secretary to theGovernment of India, Ministry of Labour and Employment- member;(iii) Secretary tothe Government of India to be nominated by the CentralGovernment-member;(iv) two experts to be nominated by the CentralGovernment- members. Three Years Presiding Officer- Sixty- five years of age
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 atleast ten years held a judicial office in the territory of India;or(b) he has been amember of the Indian Legal Service and has held a post in GradeII of the Service or any equivalent or higher post for at leastthree years; or(c) he has been anadvocate for at least ten years;(4) A person shallnot be qualified for appointment as an Accountant Member, unless,--(i) he has for atleast ten 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 the post ofAdditional Commissioner of Income-tax or any equivalent or higherpost for at least three years. (A)Search-cum-Selection Committee for the post of the President andVice-President, -(i) a sitting Judgeof Supreme Court to be nominated by the Chief Justice ofIndia-chairperson;(ii) the President,Income-tax Appellate Tribunal-member; and(iii) the Secretaryto the Government of India, Ministry of Law and Justice(Department of Legal Affairs)- member.(B)Search-cum-Selection Committee for the Accountant Member andJudicial Member, -(i) a nominee of theMinister of Law and Justice-chairperson;(ii) Secretary to theGovernment of India, Ministry of Law and Justice (Department ofLegal Affairs)- member;(iii) President ofthe Incometax Appellate Tribunal - member; and(iv) such other persons, if any, not exceedingtwo, as the Minister of Law and Justice may appoint-member. Three Years President- Sixty-fiveyearsVice-President-Sixty-two yearsMember-Sixty-two years
3. The Customs, Excise and Service Tax AppellateTribunal under the Customs Act, 1962 (52of 1962) (1) A person shallnot be qualified for appointment as President unless, -(a) he is or has beena Judge of 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 atleast ten years held a judicial office in the territory of India;or(b) he has been amember of the Indian Legal Service and has held a post in Grade-Iof that Service or any equivalent or higher post for at leastthree years; or(c) he has been anadvocate for at least ten 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 Commissioner of Customs orCentral Excise or any equivalent or higher post for at leastthree years. (A) Search-cum-Selection Committee for the post of President, -(i) Chief Justice ofIndia or a Judge of the Supreme Court of India as nominated bythe Chief Justice of India as chairperson;(ii) Secretary to theGovernment of India, Department of Revenue member;(iii) Secretary tothe Government of India, Ministry of Law and Justice (Departmentof Legal Affairs)- member;(iv) Secretary to theGovernment of India, Department of Personnel and Training-member.(B)Search-cum-Selection Committee for post of Judicial Member, -(i) a Judge of theSupreme Court as nominated by the Chief Justice ofIndia-chairperson;(ii) Secretary to theGovernment of India, Ministry of Finance (Department of Revenue)-member;(iii) Secretary tothe Government of India, Ministry of Law and Justice (Departmentof Legal Affairs) -member;(iv) President of theCustoms, Excise and Service Tax Appellate Tribunal- member; and(v) such otherpersons, not exceeding two, as the Central Government maynominate- member;(C).Search-cum-Selection Committee for the post of Technical member,-(i) Cabinet Secretaryto the Government of India – chairperson;(ii) Secretary to theGovernment of India, Ministry of Finance (Department of Revenue)-member;(iii) Secretary tothe Government of India, Ministry of Personnel, Public Grievancesand Pensions (Department of Personnel and Training) –member;(iv) Secretary to the Government of India,Ministry of Law (Department of Legal Affairs) – member. Three Years President –Sixty-seven yearsMember- Sixty-two years
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 or isqualified to be a Judge of a Supreme Court or a Judge of a HighCourt.(2) The Member of the Appellate Tribunal shallbe a person not below the rank of Joint Secretary to theGovernment of India. (A) Search-cum-Selection Committee for the post of Chairman, -(i) Chief Justice ofIndia or a Judge of the Supreme Court of India as nominated bythe Chief Justice of India – chairperson;(ii) Secretary to theGovernment of India (Department of Revenue)- member;(iii) Secretary tothe Government of India, Ministry of Law and Justice (Departmentof Legal Affairs)- member;(iv) Secretary to theGovernment of India, Department of Personnel and Training-member.(B)Search-cum-Selection Committee for the post of Member, -(i) Cabinet Secretary– chairperson;(ii) Secretary to theGovernment of India, Department of Personnel and Training-member;(iii) Secretary tothe Government of India (Department of Revenue) - member;(iv) two Secretaries to the Government of Indiato be nominated by the Central Government - members. Three Years ChairpersonSixty-five yearsMember – Sixty-two years
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,or is qualified to be, 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;(c) is a person ofability, integrity and standing, and having special knowledge of,and professional experience of not less than twenty years ineconomics, business, commerce, law, finance, accountancy,management, industry, public affairs or administration, or anyother matter which in the opinion of the Central Government isuseful to the Central Administrative Tribunal.(2). A person shallnot be qualified for appointment,-(a) as a JudicialMember, unless he, -(i) is, or has been,or is qualified to be, a Judge of a High Court; or(ii) has, for atleast one year, held the post of Secretary to the Government ofIndia in the Department of Legal Affairs or the LegislativeDepartment including Member –Secretary, Law Commission ofIndia; or(iii) has, for atleast two years, held a post of Additional Secretary to theGovernment of India in the Department of Legal Affairs orLegislative Department; or(iv) has, for atleast ten years, held a judicial office in the territory ofIndia.(b) as anAdministrative Member, unless he, -(i) has, for at leastone year, held the post of Secretary to the Government of Indiaor any other post under the Central Government or a StateGovernment and carrying the scale of pay which is not less thanthat of a Secretary to the Government of India for at least oneyear; or(ii) has, for atleast two years, held a post of Additional Secretary to theGovernment of India, or any other post under the Central or StateGovernment carrying the scale of pay which is not less than thatof Additional Secretary to the Government of India at least for aperiod of two 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. (A)Search-cum-Selection Committee for the post of Chairman andJudicial Member, –(i) Chief Justice ofIndia or his nominee- chairperson;(ii) Chairman of theCentral Administrative Tribunal, Principal Bench – member;(iii) Secretary tothe Government of India, (Department of Personnel and Training)-member;(iv) Secretary to theGovernment of India, Ministry of Law and Justice -member;(e) one expert, to benominated by the Central Government of Indiamember.(B)Search-cum-Selection Committee for the post of AdministrativeMember, –(a) a person to benominated by the Central Government - chairperson;(b) Chairman of the,Central Administrative Tribunal – member;(c) Secretary to theGovernment of India, (Department of Personnel and Training)-member;(d) Secretary to theGovernment of India, Ministry of Law and Justice -member;(e) one expert, to be nominated by theGovernment of India - member. Three Years Chairman Sixty-eightyearsMember - Sixty-five years
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,or is qualified to be a Judge of a High Court; or(b) has, for a periodof not less than three years, held office as Vice-Chairman,Judicial Member or Technical Member, as the case may be; or(c) is a person ofability, integrity and standing, and having a special knowledgeof, and professional experience of not less than twenty-fiveyears in claims and commercial matters relating to railways.(2) A person shallnot be qualified for appointment as the Vice-Chairman (Judicial),unless he, –(a) is, or has been,or is qualified to be, a Judge of a High Court; or(b) has been a memberof the Indian Legal Service and has held a post in Grade I ofthat Service or any higher post for at least five years; or(c) has, for at leastfive years, held a civil judicial post carrying a scale of paywhich is not less than that of a Joint 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 at leastfive years, held a post under a railway administration carrying ascale of pay which is not less than that of a Joint Secretary tothe Government of India and has adequate knowledge of rules andprocedure of, and experience in, claims and commercial mattersrelating to railways.(4) A person shallnot be qualified for appointment as a Judicial Member, unless he,(a) is, or has been,or is qualified to be, a Judge of a High Court;(b) has, for at leastten years, held a judicial office in the territory of India.(5) A person shall not be qualified forappointment as a Technical Member unless he is a person ofability, integrity and standing having special knowledge of rulesand procedure of, and experience in, claims and commercialmatters relating to railways of not less than twenty years. (A) SelectionCommittee consisting for the post of the Chairman, Vice-Chairman(Judicial) or Member (Judicial): -(i) Chief Justice ofIndia or his nominee- chairperson;(ii) Chairman orMember (Traffic) of the Railway Board- member;(iii) Secretary tothe Government of India to be nominated by the CentralGovernment- member;(iv) two experts whoshould have knowledge and experience of Claims and Commercialmatters pertaining to Railways to be nominated by the CentralGovernment- members.(B)Search-cum-Selection Committee for the post of the Vice-Chairman(Technical) or Member (Technical),-(i) a person to benominated by the Central Governmentchairperson;(ii) Chairman orMember (Traffic) of the Railway Board- member;(iii) Secretary tothe Government of India to be nominated by the CentralGovernment- member;(iv) two experts with knowledge and experienceof Claims and Commercial matters relating to Railways to benominated by the Central Government - members. Three Years Chairman- Sixty-sevenyearsVice- Chairman-Sixty-five yearsMember – Sixty-two years
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 ofthe Presiding Officer, is, or has been, a Judge of the SupremeCourt or a Chief Justice of a High Court or a Judge of a HighCourt for at least seven years;(b) in the case of aJudicial Member, is, or has been, a Judge of a High Court for atleast five years; or(c) in the case of aTechnical Member,–(i) is, or has been,an Additional Secretary or Secretary in the Ministry orDepartment of the Central Government or any equivalent post inthe Central Government or a State Government; or(ii) is a person ofproven ability, integrity and standing having special knowledgeand professional experience, of not less than fifteen 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 prejudicialaffect their functions as such Presiding Officer or Member. (A) The PresidingOfficer and Judicial Member of the Tribunal shall be appointed bythe Central Government in consultation with the Chief Justice ofIndia or his nominee.(B)Search-cum-Selection Committee for the post of Technical Member,(i) PresidingOfficer, Securities Appellate Tribunal– chairperson;(ii) Secretary to theGovernment of India (Department of Economic Affairs) –member;(iii) Secretary tothe Government of India, (Department of Financial Services) –member; and(iv) Secretary to the Government of India, inthe Legislative Department or Department of Legal Affairs–member. Three Years Presiding Officer –Seventy yearsMember – Sixty-seven years
8. Debts Recovery Tribunal under the Recovery ofDebts Due to Banks and Financial Institutions Act, 1993 (51 of1993) A person shall not bequalified for appointment as Presiding Officer of the DebtsRecovery Tribunal, unless he,-(a) is, or has been,or is qualified to be, a District Judge; or(b) is a person of ability, integrity andstanding, and having special knowledge of, and professionalexperience of not less than twenty years in economics, business,commerce, law, finance, accountancy, management, industry, publicaffairs, administration, banking, debt recovery or any othermatter, which in the opinion of the Central Government is usefulto the Debt Recovery Tribunal. Search-cum-SelectionCommittee for the post of Presiding Officer of the Debts RecoveryTribunal,-(i) Chief Justice ofIndia or his nominee-chairperson;(ii) Secretary to theGovernment of India, Ministry of Finance (Department of EconomicAffairs)- member;(iii) Secretary tothe Government of India, Ministry of Law and Justicemember;(iv) Governor of theReserve Bank or the Deputy Governor of the Reserve Bank of Indianominated by the Governor of the Reserve Bank of Indiamember; and(v) Secretary to the Government of India orAdditional Secretary to the Government of India, Ministry ofFinance, (Department of Financial Services)- member. Three Years Presiding Officer – Sixty-five years
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,or is qualified to be, a Judge of a High Court; or(b) has been a memberof the Indian Legal Service and has held a post in Grade I ofthat service; or(c) has held office as the Presiding Officer ofa Debts Recovery Tribunal for at least three years. Search-cum-SelectionCommittee for the Chairperson of the Debts Recovery AppellateTribunal,-(i) Chief Justice ofIndia or his nominee- chairperson;(ii) Secretary to theGovernment of India, Ministry of Finance (Department of EconomicAffairs)–member;(iii) Secretary tothe Government of India, Ministry of Law and Justicemember;(iv) Governor of the Reserve Bank or the DeputyGovernor of the Reserve Bank of India nominated by the Governorof the Reserve Bank of India - member; and (v) Secretary to theGovernment of India or Additional Secretary to the Government ofIndia, Ministry of Finance, (Department of FinancialServices)-member. Three Years Chairperson-Seventy years
10. Airport Appellate Tribunal under the AirportAuthority of India Act, 1994(55 of 1994) A person shall not beeligible for appointment as Chairperson, unless he,-(a) is, or has been,or is qualified to be, a judge of a High Court; or(b) 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, managementindustry, public affairs, administration or any other matterwhich in the opinion of the Central Government, is useful to theAppellate Tribunal. Search-cum-SelectionCommittee for the post of Chairperson of Airport AppellateTribunal,–(i) a person to benominated by the Central Governmentchairperson;(ii) Secretary to theGovernment of India, Ministry of Civil Aviation-member;(iii) Secretary tothe Government of India to be nominated by the CentralGovernment-member;(iv) two experts, to be nominated by the CentralGovernment-members. Three Years Chairperson-Sixty-two years
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,or is qualified to be, a Judge of Supreme Court; or(b) is, or has been,Chief Justice of a High Court; or(c) has, for a periodof not less than three years held office as Member; or(d) is a person ofability, integrity and standing, and having special knowledge of,and professional experience of not less than twenty-five years ineconomics, business, commerce, law, finance, accountancy,management, industry, public affairs, administration,telecommunications or any other matter which in opinion of theCentral Government is useful to the Telecom Disputes Settlementand Appellate Tribunal.(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 years in economics, business,commerce, law, finance, accountancy, management, industry, publicaffairs, administration, telecommunications or any other matterwhich in opinion of the Central Government is useful to theTelecom Disputes Settlement and Appellate Tribunal. (A)Search-cum-Selection Committee for the post of the Chairperson, –(i) Chief Justice ofIndia or his nominee-chairperson;(ii) Secretary to theGovernment of India, (Department of Telecommunications) - member;(iii) Secretary tothe Government of India to be nominated by the Central Government- member;(iv) two experts, tobe nominated by the Central Government – members.(B)Search-cum-Selection Committee for the post of Member,–(i) a person to benominated by the Central Governmentchairperson;(ii) Secretary to theGovernment of India, (Department of Telecommunications)- member;(iii) Secretary tothe Government of India to be nominated by the CentralGovernment- member;(iv) two experts to be nominated by the CentralGovernment- members. Three Years Chairperson-SeventyyearsMember – Sixty-five years
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,or is qualified to be, 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,or is qualified to be, a Judge of High Court; or(b) has, for at leasttwo years, held the office of Judicial Member or a TechnicalMember, and has a degree in law with at least 12 years ofpractice at bar or 12 years’ experience in a State JudicialService.(3) A person shallnot be qualified for appointment as Judicial Member, unless he, -(a) is, or has been,or is qualified to be a Judge of High Court; or(b) has, for at leastten years, held a judicial office in the territory of India.(4) A person shallnot be qualified for appointment as Technical Member (Trademark),unless he,-(a) has, for at leastten years, exercised functions of a tribunal under the TradeMarks Act, 1999 (47 of 1999) and has held a post not lower thanthe post of Joint Registrar for at least five years and has adegree in law with at least twelve years of practice at bar ortwelve years’ experience in a State Judicial Service, or(b) has, for at leastten years, been an advocate of a proven specialized experience intrade mark law.(5) A person shallnot be qualified for appointment as Technical Member (Patent),unless he, -(a) has, for at leastfive years, held the post or exercised the functions of theController under the Patents Act, 1970 (39 of 1970); or(b) has, for at leastten years, functioned as a registered patent agent and possessesa degree in engineering or technology or a master’s degreein science from any University established under law for the timebeing 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 in Grade I of that Service for at least three years; or(b) has, for at leastten years, held a judicial office in the territory of India; or(c) is, or has been amember of a Tribunal or Civil Service not below the rank of aJoint Secretary to the Government of India with three years’experience in the field of Copyright; or(d) has, for at leastten years, been an advocate of a proven specialized experience inCopyright Law:Provided that at least one member of theAppellate Board for purposes of the Copyright Act shall havequalification as in (a), (b) or (d) above. (A)Search-cum-Selection for the post of the Chairman, Vice-Chairmanor Judicial Member of the Appellate Board,-(i) Chief Justice ofIndia or his nominee- chairperson;(ii) Secretary to theGovernment of India, (Department of Industrial Policy andPromotion) - member;(iii) Secretary tothe Government of India to be nominated by the CentralGovernment-member;(iv) two experts, tobe nominated by the Central Government- members.(B)Search-cum-Selection Committee for the post of Technical Member(Trade mark), Technical Member (Patent) and Technical Member(Copyright) of the Appellate Board,-(i) a person to benominated by the Central Government - chairperson;(ii) Secretary to theGovernment of India, (Department of Industrial Promotion andPolicy) -member;(iii) Secretary tothe Government of India to be nominated by the Central Government- member;(iv) two experts, to be nominated by the CentralGovernment - members. Three Years Chairman-Sixty-sevenyearsVice-Chairman -Sixty-five yearsMember – Sixty-five years
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 in the opinion of theCentral Government is useful to the National Company LawAppellate Tribunal. (A) The Chairpersonof the Appellate Tribunal shall be appointed after consultationwith the Chief Justice of India.(B)Search-cum-Selection Committee for the post of the JudicialMember and Technical Member of the Appellate Tribunal, -(i) Chief Justice ofIndia or his nominee -chairperson;(ii) a senior Judgeof the Supreme Court or a Chief Justice of a High Courtmember;(iii) Secretary tothe Government of India, Ministry of Corporate Affairs- member;(iv) Secretary to the Government of India,Ministry of Law and Justicemember. Three Years ChairPerson-SeventyyearsMember – Sixtyseven years
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,or is qualified to be, a Judge of the Supreme Court; or(ii) is or has been aChief Justice of a High Court; or(iii) has, for atleast seven years, been a Judge of a High Court; or(iv) has, for atleast three years, been a Vice-Chairman, Revenue Member or LawMember of the Authority for Advance Ruling; or(v) is a person ofability, integrity and standing, and having special knowledge of,and professional experience of not less than twenty-five years ineconomics, business, commerce, law, finance, accountancy,management, industry, public affairs, administration, taxation orany other matter which in the opinion of the Central Governmentis useful to the Authority.(b) Vice-chairman,who is, or has been, or is qualified to be, a Judge of a HighCourt;(c) Revenue Memberfrom the Indian Revenue Service who is qualified to be a Memberof the Central Board of Direct Taxes Board and an officer of theIndian Customs and Central Excise Service, who is qualified to bea Member of the Central Board of Excise and Customs;(d) Law Member from the Indian Legal Service,who is an Additional Secretary to the Government of India. (A) Search-cumSelection Committee for the post of Chairman and Vice- Chairman,-(i) Chief Justice ofIndia or a Judge of the Supreme Court of India as nominated bythe Chief Justice of India – chairperson;(ii) Secretary to theGovernment of India (Department of Revenue) -member;(iii) Secretary tothe Government of India (Department of Legal Affairs) - member;(iv) Secretary to theGovernment of India (Department of Personnel and Training)-member.(B)Search-cum-Selection Committee for the post of Member, -(i) Cabinet Secretary– chairperson;(ii) Secretary to theGovernment of India, (Department of Personnel and Training) -member;(iii) Secretary tothe Government of India, (Department of Revenue) - member;(iv) two Secretaries to the Government of Indiato be nominated by the Central Government - members. Three Years Chairman- SeventyyearsVice-Chairman-Sixty-five yearsMember – Sixty-two years.
15. Film Certification Appellate Tribunal under theCinematograph Act, 1952 (37 of 1952) (1) A person shallnot be qualified for appointment as Chairman, unless he, -(a) is, or has been,or is qualified to be, a Judge of a High Court; or(b) has, for a periodof not less than three years, held office as member; or(c) is a person ofability, integrity and standing, and having special knowledge of,and professional experience of not less than twenty-five yearsin, law, management, industry, public affairs, administration,films or any other matter which in the opinion of the CentralGovernment, is useful to the Appellate Tribunal.(2) The Central Government may appoint suchpersons, who, in its opinion, or qualified to judge the effect offilms on the public, to be a member of the Appellate Tribunal. Search-cum-SelectionCommittee for post of the Chairman and member of the AppellateTribunal, –(i) a person to benominated by the Central Governmentchairperson;(ii) Secretary to theGovernment of India, Ministry of Information andBroadcasting-member;(iii) Secretary tothe Government of India to be nominated by the CentralGovernment- member;(iv) two experts to be nominated by the CentralGovernment-members. Three Years Chairman –Sixty-seven yearsMember – Sixty-five years
16. National Consumer Disputes Redressal Commissionunder the Consumer Protection Act, 1986 (68 of 1986) (1) A person shallnot be qualified for appointment as President, unless he, –(a) is, or has been,or is qualified to be, a Judge of the Supreme Court; or(b) is, or has been,Chief Justice of a High Court; or(c) has, for a periodnot less than three years, held office of Member or JudicialMember; or(d) is a person ofability, integrity and standing, and having special knowledge of,and professional experience of not less than twenty-five years ineconomics, business, commerce, law, finance, accountancy,management, industry, public affairs, administration or any othermatter which in the opinion of the Central Government, is usefulto the National Consumer Disputes Redressal Commission.(2) A person shallnot be qualified for appointment as Member unless he is a personof ability, integrity and standing, and having special knowledgeof, and professional experience of not less than twenty years ineconomics, business, commerce, law, finance, accountancy,management, industry, public affairs, administration or any othermatter which in the opinion of the Central Government, is usefulto the National Consumer Disputes Redressal Commission:Provided that aperson shall not be appointed as a Judicial Member, unless he, –(a) is, or has been,or is qualified to be, a Judge of a High Court;(b) has, for at least ten years, held a Judicialoffice in the territory of India. (A) The Presidentshall be appointed by the Central Government after consultationwith the Chief Justice of India.(B)Search-cum-Selection Committee for the post of member, –(i) a person who is aJudge of the Supreme Court, to be nominated by the Chief Justiceof India -chairperson;(ii) Secretary to theGovernment of India, Ministry of Law and Justice (Department ofLegal Affairs) - member;(iii) Secretary tothe Government of India, Ministry of Consumer Affairs –member;(iv) two experts to be nominated by the CentralGovernment - members. Three Years President –Seventy yearsMember- Seventy years
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,or is qualified to be, a Judge of Supreme Court; or(b) is, or has been,Chief Justice of a High Court; or(c) has, for a periodof not less than three years, held office of Judicial Member, orTechnical member; or(d) is a person ofability, integrity and standing, and having special knowledge of,and professional experience of not less than twenty-five years ineconomics, business, commerce, law, finance, accountancy,management, industry, public affairs, administration or any othermatter which in the opinion of the Central Government is usefulto Appellate Tribunal.(2) A person shallnot be qualified for appointment as Judicial Member, unless, he–(a) is, or has been,or is qualified to be, a Judge of a High Court; or(b) has, for at leastten years, held a judicial office in the territory of India.(3) A person shall not be qualified forappointment as Technical Member unless he is a person of ability,integrity and standing having special knowledge of, andprofessional experience of, not less than twenty years in mattersdealing with electricity generation, transmission, distribution,regulation, economics, business, commerce, law, finance,accountancy, management, industry, public affairs, administrationor in any other matter which in the opinion of the CentralGovernment is useful to the Appellate Tribunal. (A)Search-cum-Selection Committee for the post of Chairperson andJudicial Member of the Appellate Tribunal,–(i) Chief Justice ofIndia or his nominee-chairperson;(ii) Secretary to theGovernment of India, Ministry of Power- member;(iii) Secretary tothe Government of India to be nominated by the CentralGovernment- member;(iv) two experts, tobe nominated by the Central Government-members.(B)Search-cum-Selection Committee for the post of the TechnicalMember of the Appellate Tribunal,–(i) a person to benominated by the Central Governmentchairperson;(ii) Secretary to theGovernment of India, Ministry of Power- member;(iii) Secretary tothe Government of India to be nominated by the CentralGovernment- member;(iv) two experts to be nominated by the CentralGovernment-members. Three Years Chairperson- SeventyyearsMember- Sixty-five years
18. Armed Force Tribunal under the Armed Forces Act,2007 (55 of 2007) (1) A person shallnot be qualified for appointment as Chairperson, unless, he, -(a) is, or has been,or is qualified to be a Judge of Supreme Court or,(b) is or has been aChief Justice of a High Court.(2) A person shallnot be qualified for appointment as Judicial Member unless he is,or has been, a Judge of a High Court.(3) A person shallnot be qualified for appointment as Administrative Member, unlesshe, -(a) he has held or hehas been holding the rank of Major General or above for a totalperiod of at least three years in the Army or equivalent rank inthe Navy or the Air Force; or(b) he 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) he is a person of ability, integrity andstanding having special knowledge of, and professional experienceof not less than twenty years in, economics, business, commerce,law, finance, accountancy, management, industry, public affairs,administration or in any other matter which in the opinion of theCentral Government, is useful to the Armed Forces Tribunal. (A) The Chairpersonof the Armed Forces Tribunal shall be appointed by the CentralGovernment in consultation with Chief Justice of India.(B)Search-cum-Selection Committee for the post of Vice-Chairperson,Judicial Member, or Administrative Member of Armed ForcesTribunal, -(i) a sitting Judgeof Supreme Court to be nominated by Chief Justice of India orChairman, Law Commission of India- chairperson;(ii) Chairperson,Armed Forces Tribunal – member;(iii) two Secretaries to Government of Indiaincluding Defence Secretarymembers. Three Years Chairperson- SeventyyearsMember- Sixty-five years
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,or is qualified to be, a Judge of Supreme Court; or(b) is, or has been,Chief Justice of a High Court; or(c) has, for a periodof not less than three years, held office as Judicial Member orExpert Member; or(d) is a person ofability, integrity and standing, and having special knowledge of,and professional experience of not less than twenty-five years inlaw including five years’ practical experience in the fieldof environment and forests.(2) A person shallnot be qualified for appointment as Judicial Member, unless he, –(a) is, or has been,or is qualified to be, a Judge of a High Court; or(b) has, for at leastten years, held a judicial office in the territory of India.(3) A person shallnot be qualified for appointment as Expert Member, unless he, -(a) has a degree/Postgraduation degree/ Doctorate Degree in Science and has anexperience of twenty years in the relevant field including fiveyears’ 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. (A)Search-cum-Selection Committee for the post of the Chairperson orJudicial Member of the National Green Tribunal, –(i) Chief Justice ofIndia or his nominee-chairperson;(ii) Secretary to theGovernment of India, Ministry of Environment, Forests and ClimateChangemember;(iii) Secretary tothe Government of India to be nominated by the CentralGovernment-member;(iv) two experts, tobe nominated by the Central Government-members.(B)Search-cum-Selection Committee for the post of the Expert Memberof the National Green Tribunal, –(i) a person to benominated by the Central Government -chairperson;(ii) Secretary to thegovernment of India, Ministry of Environment, Forests and ClimateChange -member;(iii) Secretary tothe Government of India to be nominated by the Central Government-member;(iv) two experts, to be nominated by the CentralGovernment -members. Three Years Chairperson- SeventyyearsMember- Sixty-seven years
[The previous Rules framed by the Center under Section 184 of the Finance Act, namely the Tribunal, Appellate Tribunal and Other Authorities (Qualifications, Experience and Other Conditions of Service of Members) Rules 2017, were struck down by the Constitution Bench of the Supreme Court in Nov 2019 in the case of Rojer Mathew v South Indian Bank. The ground was that the Rules diluted judicial independence, as the Central Government had excessive say in the matter of appointment and removal of Tribunal members. The Court also found the Rules to be vague in respect of qualifications prescribed for members. The court held that the Section 184 of the Finance Act, 2017 did not suffer from excessive delegation of legislative functions as there are adequate principles to guide framing of delegated legislation, which would include the binding dictums of this Court and thus it rules out the possibility of uncertainty. The Rules formulated by the Central Government under Section 184 of the Finance Act, 2017 being contrary to the parent enactment and the principles envisaged in the Constitution as interpreted by this Court, are hereby struck down in entirety. The Central Government was directed to re-formulate the Rules strictly in conformity and in accordance with the principles delineated by this Court. The court issued a writ of mandamus to the Ministry of Law and Justice to carry out ‘Judicial Impact Assessment’ and submit the result of the findings before the competent legislative authority. The Central Government in consultation with the Law Commission of India or any other expert body shall revisit the provisions of the statutes referable to the Finance Act, 2017 and place appropriate proposals before the Parliament for consideration of the need to remove direct appeals to the Supreme Court from orders of Tribunals. The present case is considered to be a landmark judgment to ensure the independence of the judiciary. The court has made sure the constitutional spirit is given priority and all the organs of the state function in accordance with principles like separation of power and basic structure doctrine. (https:indiankanoon.org/doc/36423291/, https:www.barandbench.com/columns/column-decoding-the-tribunal-judgment)]