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Section 5 – The Railway Claims Tribunal Act,1987

The Railway Claims Tribunal Act,1987

Section 5. 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 a Vice-chairman.

(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 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 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; or

(e) has, for a period of not less than three years, held office as a Judicial Member or a Technical 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 that service for at least three years; or

(c) Has, for at least three years, held a civil judicial post carrying as scale of pay which is not less than of a Joint Secretary to the Government of India.

(4) A person shall not be qualified for appointment as a Technical Member unless he has, for at least three 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.

(5) Subject to the provisions of sub-section (6), the Chairman, Vice-Chairman and every other Member shall be appointed by the President.

(6) No appointment of a person as the Chairman shall be made except after consultation with the Chief Justice of India.

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The Railway Claims Tribunal Act,1987

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