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Section 6 The Administrative Tribunals Act, 1985

The Administrative Tribunals Act, 1985

 

 

6. QUALIFICATIONS FOR APPOINTMENT OF CHAIRMAN, VICE-CHAIRMAN OR OTHER MEMBERS. –

 

1QUALIFICATIONS FOR APPOINTMENT OF CHAIRMAN, VICE-CHAIRMAN OR OTHER MEMBERS. –

 

(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;

 

(c) Omitted

 

(2) A person shall not be qualified for appointment as the Vice-Chairman unless he –

(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

 

(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 a Judicial Member or an Administrative Member.

 

(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 the service for at least three years.

 

(3-A) 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) 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.

 

(5) 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 Government published under sub-section

 

(3) of section 4, and subject to the provisions of sub-section (7) be appointed by the President after consultation with Governors of the concerned State.

 

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.

 

(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.

 

———————-

 

1. Subs. by Act 1 of 2007, sec. 5, for section 6 (w.e.f. 19-2-2007).

 

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Administrative Tribunals Act 1985

 

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