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Untitled Document
F. No. A.50050/9/2016-CESTAT Pt-1
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
NEW DELHI
NOTIFICATION
Dated: June 1, 2017
G.S.R. 514(E).- In exercise of the powers conferred by section 184 of the Finance Act, 2017 (7of 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
or Authority. |
Qualification for appointment
of Chairperson,
Chairman, President, Vice-
Chairperson, Vice-
Chairman, Vice-President,
Presiding Officer, Accountant
Member, Administrative
Member, Judicial
Member, Expert Member or
Technical 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
Central Government
under the Industrial
Disputes Act, 1947
(14 of 1947) |
A person shall not be qualified
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 a period of not
less than three-years, been a
District Judge or an Additional
District Judge; or
(c) is a person of ability,
integrity and standing, and
having special knowledge of,
and professional experience of
not less than twenty years in
economics, business,
commerce, law, finance,
management, industry, public
affairs, administration, labour
relations, industrial disputes or
any other matter which in the
opinion of the Central
Government is useful to the
Industrial Tribunal.
|
Search-cum-Selection-
Committee for the post of the
Presiding Officer, -
(i) a person to be nominated
by the Central Government chairperson;
(ii) Secretary to the
Government of India,
Ministry of Labour and
Employment- member;
(iii) Secretary to the
Government of India to be
nominated by the Central
Government-member;
(iv) two experts to be
nominated by the Central
Government- members.
|
Three
Years |
Presiding
Officer-
Sixty- five
years of age |
| 2. |
Income-tax Appellate
Tribunal under the
Income-tax Act, 1961
(43 of 1961) |
(1) A person shall not be
qualified for appointment as
President unless he is a sitting
or retired Judge of a High
Court and who has completed
not less than seven years of
service as a Judge in a High
Court or a Vice-President of
the Income-tax Appellate
Tribunal.
(2) The Central Government
may appoint one or more
members of the Income-tax
Appellate Tribunal to be the
Vice-President or, as the case
may be, Vice-Presidents
thereof.
(3) A person shall not be
qualified for appointment as a
Judicial Member, unless, ––
(a) he has for at least ten years held a judicial office in the
territory of India; or
(b) he has been a member of
the Indian Legal Service and
has held a post in Grade II of
the Service or any equivalent
or higher post for at least three
years; or
(c) he has been an advocate for
at least ten years;
(4) A person shall not be
qualified for appointment as
an Accountant Member,
unless, ––
(i) he has for at least ten years
been in the practice of
accountancy, -
(a) as a chartered accountant
under the Chartered
Accountants Act, 1949 (38 of
1949); or
(b) as a registered accountant
under any law formerly in
force; or partly as such
registered accountant and
partly as a chartered
accountant; or
(ii) he has been a member of
the Indian Revenue Service
(Income-tax Service Group ‘A’) and has held the post of
Additional Commissioner of
Income-tax or any equivalent
or higher post for at least three
years.
|
(A) Search-cum-Selection
Committee for the post of the
President and Vice-President, -
(i) a sitting Judge of Supreme
Court to be nominated by the
Chief Justice of India chairperson;
(ii) the President, Income-tax
Appellate Tribunal-member;
and
(iii) the Secretary to the
Government of India,
Ministry of Law and Justice
(Department of Legal
Affairs)- member.
(B) Search-cum-Selection
Committee for the Accountant
Member and Judicial
Member, –
(i) a nominee of the Minister
of Law and Justice chairperson;
(ii) Secretary to the
Government of India,
Ministry of Law and Justice
(Department of Legal
Affairs)- member;
(iii) President of the Incometax
Appellate Tribunal – member; and
(iv) such other persons, if
any, not exceeding two, as the
Minister of Law and Justice
may appoint-member.
|
Three
Years |
President-
Sixty-five
years
Vice-
President-
Sixty-two
years
Member-
Sixty-two
years |
| 3. |
The Customs, Excise
and Service Tax
Appellate Tribunal
under the Customs
Act, 1962 (52of 1962) |
(1) A person shall not be
qualified for appointment as
President unless, -
(a) he is or has been a Judge
of a High Court; or
(b) he is the member of the
Appellate Tribunal.
(2) A person shall not be
qualified for appointment as a
Judicial Member, unless, -
(a) he has for at least ten years
held a judicial office in the
territory of India; or
(b) he has been a member of
the Indian Legal Service and
has held a post in Grade-I of
that Service or any equivalent
or higher post for at least
three years; or
(c) he has been an advocate
for at least ten years.
(3) A person shall not be
qualified for appointment as a
Technical Member unless he
has been a member of the
Indian Revenue Service
(Customs and Central Excise
Service Group 'A') and has
held the post of
Commissioner of Customs or
Central Excise or any
equivalent or higher post for
at least three years. |
(A) Search-cum- Selection
Committee for the post of
President, -
(i) Chief Justice of India or a
Judge of the Supreme Court
of India as nominated by the
Chief Justice of India as
chairperson;
(ii) Secretary to the
Government of India,
Department of Revenue member;
(iii) Secretary to the
Government of India,
Ministry of Law and Justice
(Department of Legal
Affairs)- member;
(iv) Secretary to the
Government of India,
Department of Personnel and
Training-member.
(B) Search- cum- Selection Committee for post of
Judicial Member, -
(i) a Judge of the Supreme
Court as nominated by the
Chief Justice of Indiachair person;
(ii) Secretary to the
Government of India,
Ministry of Finance
(Department of
Revenue)- member;
(iii) Secretary to the
Government of India,
Ministry of Law and
Justice (Department of
Legal Affairs) -member;
(iv) President of the
Customs, Excise and
Service Tax Appellate
Tribunal- member; and
(v) such other persons, not
exceeding two, as the
Central Government may
nominate- member;
(C). Search-cum-Selection
Committee for the post of
Technical member,-
(i) Cabinet Secretary to the
Government of India – chairperson;
(ii) Secretary to the
Government of India,
Ministry of Finance
(Department of Revenue)-
member;
(iii) Secretary to the
Government of India,
Ministry of Personnel, Public
Grievances and 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
years
Member-
Sixty-two
years |
| 4. |
Appellate Tribunal
under the Smugglers
and Foreign Exchange
Manipulators
(Forfeiture of
Property) Act, 1976
(13 of 1976) |
(1) The Chairman of the
Appellate Tribunal shall be a
person who is or has been or is
qualified to be a Judge of a
Supreme Court or a Judge of a
High Court.
(2) The Member of the
Appellate Tribunal shall be a
person not below the rank of
Joint Secretary to the
Government of India. |
(A) Search-cum- Selection
Committee for the post of
Chairman, -
(i) Chief Justice of India or a
Judge of the Supreme Court
of India as nominated by the
Chief Justice of India – chairperson;
(ii) Secretary to the
Government of India
(Department of Revenue)-
member;
(iii) Secretary to the
Government of India,
Ministry of Law and Justice
(Department of Legal
Affairs)- member;
(iv) Secretary to the
Government 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 the
Government of India,
Department of Personnel and
Training- member;
(iii) Secretary to the
Government of India
(Department of Revenue)
- member;
(iv) two Secretaries to the
Government of India to be
nominated by the Central
Government - members.
|
Three
Years |
Chairperson
Sixty-five
years
Member – Sixty-two
years |
| 5. |
Central
Administrative
Tribunal under the
Administrative
Tribunal Act, 1985
(13 of 1985). |
(1) A person shall not 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 period of not
less than three years, held
office as Administrative
Member or Judicial Member
in the Central Administrative
Tribunal;
(c) is a person of ability,
integrity and standing, and
having special knowledge of,
and professional experience of
not less than twenty years in
economics, business,
commerce, law, finance,
accountancy, management,
industry, public affairs or
administration, or any other
matter which in the opinion of
the Central Government is
useful to the Central
Administrative Tribunal.
(2). A person shall not be
qualified for appointment, ––
(a) as a Judicial Member,
unless he, -
(i) is, or has been, or is qualified to be, a Judge of a
High Court; or
(ii) has, for at least one year,
held the post of Secretary to
the Government of India in the
Department of Legal Affairs
or the Legislative Department
including Member –Secretary,
Law Commission of India; or
(iii) has, for at least two years,
held a post of Additional
Secretary to the Government
of India in the Department of
Legal Affairs or Legislative
Department; or
(iv) has, for at least ten years,
held a judicial office in the
territory of India.
(b) as an Administrative
Member, unless he, -
(i) has, for at least one year,
held the post of Secretary to
the Government of India or
any other post under the
Central Government or a State
Government and carrying the
scale of pay which is not less
than that of a Secretary to the
Government of India for at
least one year; or
(ii) has, for at least two years,
held a post of Additional
Secretary to the Government
of India, or any other post
under the Central or State
Government carrying the scale
of pay which is not less than
that of Additional Secretary to
the Government of India at
least for a period of two years:
Provided that the officers
belonging to the All-India
services who were or are on
Central deputation to a lower
post shall be deemed to have
held the post of Secretary or
Additional Secretary, as the
case may be, from the date
such officers were granted
proforma promotion or actual
promotion whichever is earlier
to the level of Secretary or
Additional Secretary, as the
case may be , and the period
spent on Central deputation
after such date shall count for
qualifying service for the
purpose of this clause.
|
(A) Search-cum-Selection
Committee for the post of
Chairman and Judicial
Member, –
(i) Chief Justice of India or
his nominee- chairperson;
(ii) Chairman of the Central
Administrative Tribunal,
Principal Bench – member;
(iii) Secretary to the
Government of India,
(Department of Personnel and
Training)- member;
(iv) Secretary to the
Government of India,
Ministry of Law and Justice
-member;
(e) one expert, to be
nominated by the Central
Government of Indiamember.
(B) Search-cum-Selection
Committee for the post of
Administrative Member, –
(a) a person to be nominated
by the Central Government
- chairperson;
(b) Chairman of the,
Central Administrative
Tribunal – member;
(c) Secretary to the
Government of India,
(Department of Personnel and
Training)- member;
(d) Secretary to the
Government of India,
Ministry of Law and Justice
-member;
(e) one expert, to be nominated
by the Government of
India - member.
|
Three
Years |
Chairman
Sixty-eight
years
Member -
Sixty-five
years |
| 6. |
Railway Claims
Tribunal under the
Railway Claims
Tribunal Act, 1987
(54 of 1987) |
(1) A person shall not 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 period of 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 of ability,
integrity and standing, and
having a special knowledge of,
and professional experience of
not less than twenty-five years
in claims and commercial
matters relating to railways.
(2) A person shall not 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 member of the
Indian Legal Service and has
held a post in Grade I of that
Service or any higher post for
at least five years; or
(c) has, for at least five years,
held a civil judicial post
carrying a scale of pay which
is not less than that of a Joint
Secretary to the Government
of India; or
(d) has, for a period of not less
than three years, held office as
a Judicial Member.
(3) A person shall not be
qualified for appointment as
the Vice-Chairman
(Technical), unless he, –
(a) has, for a period of not less
than three years, held office as
a Technical Member;
(b) has, for at least five years,
held a post under a railway
administration carrying a scale
of pay which is not less than
that of a Joint Secretary to the
Government of India and has
adequate knowledge of rules
and procedure of, and
experience in, claims and
commercial matters relating to
railways.
(4) A person shall not 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 least ten years,
held a judicial office in the
territory of India.
(5) A person shall not be
qualified for appointment as a
Technical Member unless he is
a person of ability, integrity
and standing having special
knowledge of rules and
procedure of, and experience
in, claims and commercial
matters relating to railways of
not less than twenty years. |
(A) Selection Committee
consisting for the post of the
Chairman, Vice-Chairman
(Judicial) or Member
(Judicial): -
(i) Chief Justice of India or
his nominee- chairperson;
(ii) Chairman or Member
(Traffic) of the Railway
Board- member;
(iii) Secretary to the
Government of India to be
nominated by the Central
Government- member;
(iv) two experts who should
have knowledge and
experience of Claims and
Commercial matters
pertaining to Railways to be
nominated by the Central
Government- members.
(B) Search-cum-Selection
Committee for the post of the
Vice-Chairman (Technical) or
Member (Technical),-
(i) a person to be nominated
by the Central Government chairperson;
(ii) Chairman or Member
(Traffic) of the Railway
Board- member;
(iii) Secretary to the
Government of India to be
nominated by the Central
Government- member;
(iv) two experts with
knowledge and experience of
Claims and Commercial
matters relating to Railways
to be nominated by the
Central Government
- members.
|
Three
Years |
Chairman-
Sixty-seven
years
Vice- Chairman-
Sixty-five
years
Member – Sixty-two
years |
| 7. |
Securities Appellate
Tribunal under the
Securities Exchange
Board of India Act,
1992 (15 of 1992) |
(1) A person shall not be
qualified for appointment as
the Presiding Officer or a
Judicial Member or a
Technical Member of the
Securities Appellate Tribunal,
unless he, -
(a) in the case of the Presiding
Officer, is, or has been, a
Judge of the Supreme Court or
a Chief Justice of a High Court
or a Judge of a High Court for
at least seven years;
(b) in the case of a Judicial
Member, is, or has been, a
Judge of a High Court for at
least five years; or
(c) in the case of a Technical
Member, ––
(i) is, or has been, an
Additional Secretary or
Secretary in the Ministry or
Department of the Central
Government or any equivalent
post in the Central
Government or a State
Government; or
(ii) is a person of proven
ability, integrity and standing
having special knowledge and
professional experience, of not
less than fifteen years, in
financial sectors including
securities market or pension
funds or commodity
derivatives or insurance.
(2) A Member or Part time
Member of the Board or the
Insurance Regulatory and Development Authority or the
Pension Fund Regulatory and
Development Authority, or
any person at senior
management level equivalent
to Executive Director in the
Board or in such Authorities,
shall not be appointed as
Presiding Officer or Member
of the Securities Appellate
Tribunal, during his service or
tenure as such with the Board
or with such Authorities, as
the case may be, or within two
years from the date on which
he ceases to hold office as
such in the Board or in such
Authorities.
(3) The Presiding Officer or
Member of the Securities
Appellate tribunal shall be a
person who does not have any
financial or other interest as
are likely to prejudicial affect
their functions as such
Presiding Officer or Member. |
(A) The Presiding Officer and
Judicial Member of the
Tribunal shall be appointed
by the Central Government in
consultation with the Chief
Justice of India or his
nominee.
(B) Search-cum-Selection
Committee for the post of
Technical Member, –
(i) Presiding Officer,
Securities Appellate
Tribunal– chairperson;
(ii) Secretary to the
Government of India
(Department of Economic
Affairs) – member;
(iii) Secretary to the
Government of India,
(Department of Financial
Services) – member; and
(iv) Secretary to the
Government of India, in the
Legislative Department or
Department of Legal Affairs –member.
|
Three
Years |
Presiding
Officer – Seventy
years
Member – Sixty-seven
years |
| 8. |
Debts Recovery
Tribunal under the
Recovery of Debts
Due to Banks and
Financial Institutions
Act, 1993 (51 of
1993) |
A person shall not be qualified
for appointment as Presiding
Officer of the Debts Recovery
Tribunal, unless he,-
(a) is, or has been, or is
qualified to be, a District
Judge; or
(b) is a person of ability,
integrity and standing, and
having special knowledge of,
and professional experience of
not less than twenty years in
economics, business,
commerce, law, finance,
accountancy, management,
industry, public affairs,
administration, banking, debt
recovery or any other matter,
which in the opinion of the
Central Government is useful
to the Debt Recovery Tribunal.
|
Search-cum-Selection
Committee for the post of
Presiding Officer of the Debts
Recovery Tribunal,-
(i) Chief Justice of India or
his nominee-chairperson;
(ii) Secretary to the
Government of India,
Ministry of Finance
(Department of Economic
Affairs)- member;
(iii) Secretary to the
Government of India,
Ministry of Law and Justice member;
(iv) Governor of the Reserve
Bank or the Deputy Governor
of the Reserve Bank of India
nominated by the Governor of
the Reserve Bank of India member;
and
(v)Secretary to the
Government of India or
Additional Secretary to the
Government of India,
Ministry of Finance,
(Department of Financial
Services)- member.
|
Three
Years |
Presiding
Officer – Sixty-five
years |
| 9. |
Debts Recovery
Appellate Tribunal
under the Recovery of
Debts Due to Banks
and Financial Institutions Act, 1993
(51 of 1993) |
A person shall not be qualified
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 member of the
Indian Legal Service and has
held a post in Grade I of that
service; or
(c) has held office as the
Presiding Officer of a Debts
Recovery Tribunal for at least
three years.
|
Search-cum-Selection
Committee for the Chairperson
of the Debts Recovery
Appellate Tribunal,-
(i) Chief Justice of India or
his nominee- chairperson;
(ii) Secretary to the
Government of India,
Ministry of Finance
(Department of Economic
Affairs)– member;
(iii) Secretary to the
Government of India,
Ministry of Law and Justice member;
(iv) Governor of the Reserve
Bank or the Deputy Governor
of the Reserve Bank of India
nominated by the Governor of
the Reserve Bank of India -
member; and (v) Secretary to
the Government of India or
Additional Secretary to the
Government of India,
Ministry of Finance,
(Department of Financial
Services)-member.
|
Three
Years |
Chairperson-
Seventy years |
| 10. |
Airport Appellate
Tribunal under the
Airport Authority of
India Act, 1994(55 of
1994) |
A person shall not be eligible
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 and standing, and
having special knowledge of,
and professional experience of
not less than twenty-five years
in economics, business,
commerce, law, finance,
accountancy, management
industry, public affairs,
administration or any other
matter which in the opinion of
the Central Government, is
useful to the Appellate
Tribunal.
|
Search-cum-Selection
Committee for the post of
Chairperson of Airport
Appellate Tribunal,––
(i) a person to be nominated
by the Central Government chairperson;
(ii) Secretary to the Government
of India, Ministry of
Civil Aviation- member;
(iii) Secretary to the Government
of India to be nominated
by the Central Government member;
(iv) two experts, to be nominated
by the Central Government-
members.
|
Three
Years |
Chairperso
n-Sixty-two
years |
| 11. |
Telecom Disputes
Settlement and
Appellate Tribunal
under the Telecom
Regulatory Authority
of India Act, 1997 (24
of 1997) |
(1) A person shall not 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 period of not less
than three years held office as
Member; or
(d) is a person of ability,
integrity and standing, and
having special knowledge of,
and professional experience of not less than twenty-five years
in economics, business,
commerce, law, finance,
accountancy, management,
industry, public affairs,
administration,
telecommunications or any
other matter which in opinion
of the Central Government is
useful to the Telecom Disputes
Settlement and Appellate
Tribunal.
(2) A person shall not be
qualified for appointment as
Member unless he is a person
of ability, integrity and
standing having special
knowledge of, and
professional experience of, not
less than twenty years in
economics, business,
commerce, law, finance,
accountancy, management,
industry, public affairs,
administration,
telecommunications or any
other matter which in opinion
of the Central Government is
useful to the Telecom Disputes
Settlement and Appellate
Tribunal. |
(A) Search-cum-Selection
Committee for the post of the
Chairperson, ––
(i) Chief Justice of India or
his nominee-chairperson;
(ii) Secretary to the Government
of India, (Department of
Telecommunications)
- member;
(iii) Secretary to the
Government of India to be
nominated by the Central
Government - member;
(iv) two experts, to be
nominated by the Central
Government – members.
(B) Search-cum-Selection
Committee for the post of
Member, ––
(i) a person to be nominated
by the Central Government chairperson;
(ii) Secretary to the
Government of India,
(Department of
Telecommunications)-
member;
(iii) Secretary to the
Government of India to be
nominated by the Central
Government- member;
(iv) two experts to be
nominated by the Central
Government- members.
|
Three
Years |
Chairperson-
Seventy years
Member – Sixty-five
years |
| 12. |
Appellate Board under
the Trade Marks Act,
1999 (47 of 1999) |
(1) A person shall not 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 period of not
less than three years, held
office as Vice-
Chairperson of
the Appellate Board.
(2) A person shall not 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 least two years,
held the office of Judicial
Member or a Technical
Member, and has a degree in
law with at least 12 years of
practice at bar or 12 years’ experience in a State Judicial
Service.
(3) A person shall not 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 least ten years,
held a judicial office in the
territory of India.
(4) A person shall not be
qualified for appointment as
Technical Member
(Trademark), unless he,-
(a) has, for at least ten years,
exercised functions of a
tribunal under the Trade
Marks Act, 1999 (47 of 1999)
and has held a post not lower
than the post of Joint Registrar
for at least five years and has a
degree in law with at least
twelve years of practice at bar
or twelve years’ experience in
a State Judicial Service, or
(b) has, for at least ten years,
been an advocate of a proven
specialized experience in trade
mark law.
(5) A person shall not be
qualified for appointment as
Technical Member (Patent),
unless he, -
(a) has, for at least five years,
held the post or exercised the
functions of the Controller
under the Patents Act, 1970
(39 of 1970); or
(b) has, for at least ten years,
functioned as a registered
patent agent and possesses a
degree in engineering or
technology or a master’s
degree in science from any
University established under
law for the time being in force.
(6) A person shall not be
qualified for appointment as
Technical Member
(Copyright), unless he, –
(a) is, or has been a member of
the Indian Legal Service and is
holding, or has held a post in
Grade I of that Service for at
least three years; or
(b) has, for at least ten years,
held a judicial office in the
territory of India; or
(c) is, or has been a member of
a Tribunal or Civil Service not below the rank of a Joint
Secretary to the Government
of India with three years’ experience in the field of
Copyright; or
(d) has, for at least ten years,
been an advocate of a proven
specialized experience in
Copyright Law:
Provided that at least one
member of the Appellate
Board for 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 or Judicial
Member of the Appellate
Board, -
(i) Chief Justice of India or
his nominee- chairperson;
(ii) Secretary to the
Government of India,
(Department of Industrial
Policy and Promotion) -
member;
(iii) Secretary to the
Government of India to be
nominated by the Central
Government-member;
(iv) two experts, to be
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 be nominated
by the Central Government - chairperson;
(ii) Secretary to the
Government of India,
(Department of Industrial
Promotion and Policy)
-member;
(iii) Secretary to the
Government of India to be
nominated by the Central
Government - member;
(iv) two experts, to be
nominated by the Central
Government - members.
|
Three
Years |
Chairman-
Sixty-seven
years
Vice-
Chairman -
Sixty-five
years
Member – Sixty-five
years |
| 13. |
National Company
Law Appellate
Tribunal under the
Companies Act, 2013
(18 of 2013). |
(1) The Chairperson shall be a
person who is or has been a
Judge of the Supreme Court or
the Chief Justice of a High
Court.
(2) A Judicial Member shall be
a person who is or has been a
Judge of a High Court or is a
Judicial Member of the
National Company Law
Tribunal for five years.
(3) A Technical Member shall
be a person of proven ability,
integrity and standing having
special knowledge and
professional experience, of not
less than twenty-five years, in
law, industrial finance,
industrial management or
administration, industrial
reconstruction, investment,
accountancy or any other
matter which in the opinion of
the Central Government is
useful to the National
Company Law Appellate
Tribunal. |
(A) The Chairperson of the
Appellate Tribunal shall be
appointed after consultation
with the Chief Justice of
India.
(B) Search-cum-Selection
Committee for the post of the
Judicial Member and
Technical Member of the
Appellate Tribunal, -
(i) Chief Justice of India or
his nominee -chairperson;
(ii) a senior Judge of the
Supreme Court or a Chief
Justice of a High Court member;
(iii) Secretary to the
Government of India,
Ministry of Corporate
Affairs- member;
(iv)Secretary to the
Government of India,
Ministry of Law and Justice member. |
Three
Years |
Chair-
Person-
Seventy
years
Member – Sixtyseven
years |
| 14. |
Authority for Advance
Ruling under the
Income-tax Act, 1961
( 43 of 1961) |
A person shall be qualified 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 a Chief
Justice of a High Court; or
(iii) has, for at least seven
years, been a Judge of a High
Court; or
(iv) has, for at least three
years, been a Vice-Chairman,
Revenue Member or Law
Member of the Authority for
Advance Ruling; or
(v) is a person of ability,
integrity and standing, and
having special knowledge of,
and professional experience of
not less than twenty-five years
in economics, business,
commerce, law, finance,
accountancy, management,
industry, public affairs,
administration, taxation or any
other matter which in the
opinion of the Central
Government is useful to the
Authority.
(b) Vice-chairman, who is, or
has been, or is qualified to be,
a Judge of a High Court;
(c) Revenue Member from the
Indian Revenue Service who is
qualified to be a Member of
the Central Board of Direct
Taxes Board and an officer of
the Indian Customs and
Central Excise Service, who is
qualified to be a 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-cum Selection
Committee for the post of
Chairman and Vice-
Chairman, -
(i) Chief Justice of India or a
Judge of the Supreme Court
of India as nominated by the
Chief Justice of India – chairperson;
(ii) Secretary to the
Government of India
(Department of Revenue)
-member;
(iii) Secretary to the
Government of India
(Department of Legal Affairs)
- member;
(iv) Secretary to the
Government 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 the
Government of India,
(Department of
Personnel and
Training) - member;
(iii) Secretary to the
Government of India,
(Department of
Revenue) - member;
(iv) two Secretaries to the
Government of India to
be nominated by the
Central Government
- members.
|
Three
Years |
Chairman-
Seventy
years
Vice-
Chairman-
Sixty-five
years
Member – Sixty-two
years. |
| 15. |
Film Certification
Appellate Tribunal
under the
Cinematograph Act,
1952 (37 of 1952) |
(1) A person shall not 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 period of not less
than three years, held office as
member; or
(c) is a person of ability,
integrity and standing, and
having special knowledge of,
and professional experience of
not less than twenty-five years
in, law, management, industry,
public affairs, administration,
films or any other matter
which in the opinion of the
Central Government, is useful
to the Appellate Tribunal.
(2) The Central Government
may appoint such persons,
who, in its opinion, or
qualified to judge the effect of
films on the public, to be a
member of the Appellate
Tribunal. |
Search-cum-Selection
Committee for post of the
Chairman and member of the
Appellate Tribunal, ––
(i) a person to be nominated
by the Central Government chairperson;
(ii) Secretary to the
Government of India,
Ministry of Information and
Broadcasting-member;
(iii) Secretary to the
Government of India to be
nominated by the Central
Government- member;
(iv) two experts to be
nominated by the Central
Government-members.
|
Three
Years |
Chairman – Sixty-seven
years
Member – Sixty-five
years |
| 16. |
National Consumer
Disputes Redressal
Commission under the
Consumer Protection
Act, 1986 (68 of 1986) |
(1) A person shall not 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 period not less
than three years, held office of
Member or Judicial Member;
or
(d) is a person of ability,
integrity and standing, and
having special knowledge of,
and professional experience of
not less than twenty-five years
in economics, business,
commerce, law, finance,
accountancy, management,
industry, public affairs,
administration or any other
matter which in the opinion of
the Central Government, is
useful to the National
Consumer Disputes Redressal
Commission.
(2) A person shall not be
qualified for appointment as
Member unless he is a person
of ability, integrity and
standing, and having special
knowledge of, and
professional experience of not
less than twenty years in
economics, business,
commerce, law, finance,
accountancy, management,
industry, public affairs,
administration or any other
matter which in the opinion of
the Central Government, is
useful to the National
Consumer Disputes Redressal
Commission:
Provided that a person 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 Judicial office in the
territory of India.
|
(A) The President shall be
appointed by the Central
Government after
consultation with the Chief
Justice of India.
(B) Search-cum-Selection
Committee for the post of
member, ––
(i) a person who is a Judge of
the Supreme Court, to be
nominated by the Chief
Justice of India -chairperson;
(ii) Secretary to the
Government of India,
Ministry of Law and Justice
(Department of Legal Affairs)
- member;
(iii) Secretary to the
Government of India,
Ministry of Consumer Affairs – member;
(iv) two experts to be
nominated by the Central
Government - members.
|
Three
Years |
President – Seventy
years
Member-
Seventy
years |
| 17. |
Appellate Tribunal for
Electricity under the
Electricity Act, 2003
(36 of 2003). |
(1) A person shall not be
qualified for appointment as
Chairperson of the Appellate
Tribunal, 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 period of not less
than three years, held office of
Judicial Member, or Technical
member; or
(d) is a person of ability,
integrity and standing, and
having special knowledge of,
and professional experience of
not less than twenty-five years
in economics, business,
commerce, law, finance,
accountancy, management,
industry, public affairs,
administration or any other
matter which in the opinion of
the Central Government is
useful to Appellate Tribunal.
(2) A person shall not 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 least ten
years, held a judicial
office in the territory of
India.
(3) A person shall not be
qualified for appointment as
Technical Member unless he is
a person of ability, integrity
and standing having special
knowledge of, and
professional experience of, not
less than twenty years in
matters dealing with electricity
generation, transmission,
distribution, regulation,
economics, business,
commerce, law, finance,
accountancy, management,
industry, public affairs,
administration or in any other
matter which in the opinion of
the Central Government is
useful to the Appellate
Tribunal. |
(A) Search-cum-Selection
Committee for the post of
Chairperson and Judicial
Member of the Appellate Tribunal, ––
(i) Chief Justice of India or
his nominee-chairperson;
(ii) Secretary to the
Government of India,
Ministry of Power- member;
(iii) Secretary to the
Government of India to be
nominated by the Central
Government- member;
(iv) two experts, to be
nominated by the Central
Government-members.
(B) Search-cum-Selection
Committee for the post of the
Technical Member of the
Appellate Tribunal, ––
(i) a person to be nominated
by the Central Government chairperson;
(ii) Secretary to the
Government of India,
Ministry of Power- member;
(iii) Secretary to the
Government of India to be
nominated by the Central
Government- member;
(iv) two experts to be
nominated by the Central
Government-members.
|
Three
Years |
Chairperson-
Seventy years
Member-
Sixty-five
years |
| 18. |
Armed Force Tribunal
under the Armed
Forces Act, 2007 (55
of 2007) |
(1) A person shall not 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 a Chief
Justice of a High Court.
(2) A person shall not be
qualified for appointment as
Judicial Member unless he is,
or has been, a Judge of a High
Court.
(3) A person shall not be
qualified for appointment as
Administrative Member,
unless he, -
(a) he has held or he has been
holding the rank of Major
General or above for a total
period of at least three years in
the Army or equivalent rank in
the Navy or the Air Force; or
(b) he has served for not less
than one year as Judge
Advocate General in the Army
or the Navy or the Air Force,
and is not below the rank of
Major General, Commodore
and Air Commodore
respectively; or
(c) he is a person of ability,
integrity and standing having
special knowledge of, and
professional experience of 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
the Central Government, is
useful to the Armed Forces
Tribunal.
|
(A) The Chairperson of the
Armed Forces Tribunal shall
be appointed by the Central
Government 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 Forces
Tribunal, -
(i) a sitting Judge of Supreme
Court to be nominated by
Chief Justice of India or
Chairman, Law Commission
of India- chairperson;
(ii) Chairperson, Armed
Forces Tribunal – member;
(iii) two Secretaries to
Government of India
including Defence Secretary members.
|
Three
Years |
Chairperson-
Seventy years
Member-
Sixty-five
years |
| 19. |
National Green
Tribunal under the
National Green
Tribunal Act, 2010
(19 of 2010) |
(1) A person shall not 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 period of not less
than three years, held office as
Judicial Member or Expert
Member; or
(d) is a person of ability,
integrity and standing, and
having special knowledge of,
and professional experience of
not less than twenty-five years
in law including five years’ practical experience in the field of environment and
forests.
(2) A person shall not 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 least ten years,
held a judicial office in the
territory of India.
(3) A person shall not be
qualified for appointment as
Expert Member, unless he, -
(a) has a degree/ Post graduation
degree/ Doctorate
Degree in Science and has an
experience of twenty years in
the relevant field including
five years’ practical experience
in the field of environment and
forests (including pollution
control, hazardous substance
management, environment
impact assessment, climate
change management, biological
diversity management and
forest conservation) in a
reputed National level
institution; or
(b) has administrative
experience of twenty years
including experience of five
years in dealing with
environmental matters in the
Central Government or a State
Government or in a reputed
National or State level
institution.
|
(A) Search-cum-Selection
Committee for the post of the
Chairperson or Judicial
Member of the National
Green Tribunal, ––
(i) Chief Justice of India or
his nominee-chairperson;
(ii) Secretary to the
Government of India,
Ministry of Environment,
Forests and Climate Change member;
(iii) Secretary to the
Government of India to be
nominated by the Central
Government-member;
(iv) two experts, to be
nominated by the Central
Government-members.
(B) Search-cum-Selection
Committee for the post of the
Expert Member of the
National Green Tribunal, ––
(i) a person to be nominated
by the Central Government
-chairperson;
(ii) Secretary to the government
of India, Ministry of
Environment, Forests and
Climate Change -member;
(iii) Secretary to the Government
of India to be nominated
by the Central Government
-member;
(iv) two experts, to be nominated
by the Central Government
-members.
[
|
Three
Years |
Chairperson-
Seventy years
Member-
Sixty-seven
years |
(Udai Singh Kumawat)
Jt. Secy
|
