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Home > Bare Acts > Labour & Service Law > Administrative Tribunals Act,1985 > Qualifications for appointment as Chairman, Vice-Chairman or otherMember.



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Administrative Tribunals Act,1985

Act No : 13

 

Section : Qualifications for appointment as Chairman, Vice-Chairman or otherMember.

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6. Qualifications for appointment as Chairman, Vice-Chairman or other Member. (1) A person shall not be qualified for appointment as the Chairman unless he-- (a) is, or has been, a Judge of a High Court; or (b) has, for at least two years, held the office of Vice- Chairman, 3*** 3* * * * * (2) A person shall not be qualified for appointment as the Vice- Chairman unless he-- 4*[(a) is, or has been, or is qualified to be, a Judge of a High Court; or] (b) has, for at least two years, held the post of a Secretary to the Government of India or any other post under the Central or a State Government carrying a scale of pay which is not less than that of a Secretary to the Government of India; or 5*[(bb) has, for at least five years, held the post of an Additional Secretary to the Government of India or any other post under the Central or a State Government carrying a scale of pay which is not less than that of an Additional Secretary to the Government of India; or] (c) has, for a period of not less than three years, held office as 2*[a Judicial member or an Administrative Member] 2*[(3) 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; or (b) has been a member of the Indian Legal Service and has held a post in Grade I of that Service for at least three years. (3A) A person shall not be qualified for appointment as an Administrative Member unless he-- (a) has, for at least two years, held the post of an Additional Secretary to the Government of India or any other post under the Central or a State Government carrying a scale of pay which is not less than that of an Additional Secretary to the Government of India; or (b) has, for at least three years, held the post of a Joint Secretary to the Government of India or any other post under the Central or a State Government carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India, and shall, in either case, have adequate administrative experience.]; (4) 2*['Subject to the provisions of sub-section (7), the Chairman], Vice-Chairman and every other Member of the Central Administrative Tribunal shall be appointed by the President. --------------------------------------------------------------------- 1. Subs. by Act 19 of 1986, S. 6 (w.e.f. 1.11.1985). 2. Subs, by Act 51 of 1987, S.3. 3. Omitted by s. 3, ibid. 4. Subs. by s. 3, ibid. 5. Ins. by Act 19 of 1986, s. 7 (w.e.f. 22.1.1986). 51 (5) 1*[Subject to the provisions of sub-section (7), the Chairman], Vice-Chairman and every other Member of an Administrative Tribunal for a State shall be appointed by the President after consultation with the Governor of the concerned State. (6) The Chairman, Vice-Chairman and every other Member of a Joint Administrative Tribunal shall, subject to the terms of the agreement between the participating State Governments published under sub- section (3) of section 4, 2*[and subject to the provisions of sub- section (7)] be appointed by the President after consultation with the Governors of the concerned States. 3*[(7) No appointment of a person possessing the qualifications specified in this section as the Chairman, a Vice-Chairman or a Member shall be made except after consultation with the Chief Justice of India]. Explanation.--In computing, for the purposes of this section, the period during which a person has held any post under the Central or a State Government, there shall be included the period during which he has held any other post under the Central or a State Government (including an office under this Act carrying the same scale of pay as that of the first mentioned post or a higher scale of pay.



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