3. Qualifications, appointment, etc., of Chairperson and Members of Tribunal.—(1)
Notwithstanding anything contained in any judgment, order or decree of any court, or in any law for the
time being in force, the Central Government may, by notification in the Official Gazette, make rules to
provide for the qualifications, appointment, salaries and allowances, resignation, removal and other
conditions of service of the Chairperson and Member of a Tribunal after taking into consideration the
experience, specialisation in the relevant field and the provisions of this Act:
Provided that a person who has not completed the age of fifty years shall not be eligible for
appointment as a Chairperson or Member.
(2) The Chairperson and the Member of a Tribunal shall be appointed by the Central Government on
the recommendation of a Search-cum-Selection Committee constituted under sub-section (3), in such
manner as the Central Government may, by rules, provide.
6
(3) The Search-cum-Selection Committee, except for the State Administrative Tribunal, shall consist
of—
(a) a Chairperson, who shall be the Chief Justice of India or a Judge of Supreme Court nominated
by him;
(b) two Members, who are Secretaries to the Government of India to be nominated by that
Government;
(c) one Member, who —
(i) in case of appointment of a Chairperson of a Tribunal, shall be the outgoing Chairperson
of that Tribunal; or
(ii) in case of appointment of a Member of a Tribunal, shall be the sitting Chairperson of that
Tribunal; or
(iii) in case of the Chairperson of the Tribunal seeking re-appointment, shall be a retired
Judge of the Supreme Court or a retired Chief Justice of a High Court, to be nominated by the
Chief Justice of India:
Provided that in the following cases, such Member shall always be a retired Judge of the
Supreme Court or a retired Chief Justice of a High Court, to be nominated by the Chief Justice of
India, namely:—
(i) Industrial Tribunal constituted by the Central Government under the Industrial
Disputes Act, 1947 (14 of 1947);
(ii) Debt Recovery Tribunal and Debt Recovery Appellate Tribunal established under the
Recovery of Debts and Bankruptcy Act, 1993 (51 of 1993);
(iii) where the Chairperson or the outgoing Chairperson, as the case may be, of a Tribunal
is not a retired Judge of the Supreme Court or a retired Chief Justice or Judge of a High
Court; and
(iv) such other Tribunals as may be notified by the Central Government, in consultation
with the Chairperson of the Search-cum Selection Committee of that Tribunal; and
(d) the Secretary to the Government of India in the Ministry or Department under which the
Tribunal is constituted or established—Member-Secretary:
Provided that the Search-cum-Selection Committee for a State Administrative Tribunal shall
consist of—
(a) the Chief Justice of the High Court of the concerned State—Chairman;
(b) the Chief Secretary of the concerned State Government—Member;
(c) the Chairman of the Public Service Commission of the concerned State—Member;
(d) one Member, who—
7
(i) in case of appointment of a Chairman of the Tribunal, shall be the outgoing Chairman
of the Tribunal; or
(ii) in case of appointment of a Member of the Tribunal, shall be the sitting Chairman of
the Tribunal; or
(iii) in case of the Chairman of the Tribunal seeking re-appointment, shall be a retired
Judge of a High Court nominated by the Chief Justice of the High Court of the concerned
State:
Provided that such Member shall always be a retired Judge of a High Court nominated by the
Chief Justice of the High Court of the concerned State, if the Chairperson or the outgoing
Chairperson of the State Administrative Tribunal, as the case may be, is not a retired Chief Justice
or Judge of a High Court;
(e) the Secretary or the Principal Secretary of the General Administrative Department of the
concerned State—Member-Secretary.
(4) The Chairperson of the Search-cum-Selection Committee shall have the casting vote.
(5) The Member-Secretary of the Search-cum-Selection Committee shall not have any vote.
(6) The Search-cum-Selection Committee shall determine the procedure for making its
recommendations.
(7) Notwithstanding anything contained in any judgment, order or decree of any court, or in any
law for the time being in force, the Search-cum-Selection Committee shall recommend a panel of two
names for appointment to the post of Chairperson or Member, as the case may be, and the Central
Government shall take a decision on the recommendations made by that Committee, preferably
within three months from the date of such recommendation.
(8) No appointment shall be invalid merely by reason of any vacancy or absence of a Member in
the Search-cum-Selection Committee.
4. Removal of Chairperson or Member of Tribunal.—The Central Government shall, on the
recommendation of the Committee, remove from office, in such manner as may be provided by rules, any
Chairperson or a Member, who—
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence which involves moral turpitude; or
(c) has become physically or mentally incapable of acting as such Chairperson or Member; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as
such Chairperson or Member; or
(e) has so abused his position as to render his continuance in office prejudicial to the public
interest:
8
Provided that where the Chairperson or Member is proposed to be removed on any ground specified
in clauses (c) to (e), he shall be informed of the charges against him and given an opportunity of being
heard in respect of those charges.
5. Term of office of Chairperson and Member of Tribunal.—Notwithstanding anything contained
in any judgment, order or decree of any court, or in any law for the time being in force,—
(i) the Chairperson of a Tribunal shall hold office for a term of four years or till he attains the age
of seventy years, whichever is earlier;
(ii) the Member of a Tribunal shall hold office for a term of four years or till he attains the age of
sixty-seven years, whichever is earlier:
Provided that where a Chairperson or Member is appointed between the 26th day of May, 2017 and
the notified date, and the term of his office or the age of retirement specified in the order of appointment
issued by the Central Government is greater than that which is specified in this section, then,
notwithstanding anything contained in this section, the term of office or age of retirement or both, as the
case may be, of the Chairperson or Member shall be as specified in his order of appointment, subject to a
maximum term of office of five years.
6. Eligibility for re-appointment.—(1) The Chairperson and Member of a Tribunal shall be eligible
for re-appointment in accordance with the provisions of this Act:
Provided that, in making such re-appointment, preference shall be given to the service rendered by
such person.
(2) All re-appointments shall be made in the same manner as provided in sub-section (2) of section 3.
7. Salary and allowances.—(1) Notwithstanding anything contained in any judgment, order or
decree of any court, or in any law for the time being in force, and without prejudice to the generality of
the foregoing power, the Central Government may make rules to provide for the salary of the Chairperson
and Member of a Tribunal and they shall be paid allowances and benefits to the extent as are admissible
to a Central Government officer holding the post carrying the same pay:
Provided that, if the Chairperson or Member takes a house on rent, he may be reimbursed a house rent
higher than the house rent allowance as are admissible to a Central Government officer holding the post
carrying the same pay, subject to such limitations and conditions as may be provided by rules.
(2) Neither the salary and allowances nor the other terms and conditions of service of the Chairperson
or Member of the Tribunal may be varied to his disadvantage after his appointment.