Chapter II CONDITIONS OF SERVICE OF CHAIRPERSON AND MEMBERS OF TRIBUNAL

1. (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. (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.
3. (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---
     • (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. (4) The Chairperson of the Search-cum-Selection Committee shall have the casting vote.
5. (5) The Member-Secretary of the Search-cum-Selection Committee shall not have any vote.
6. (6) The Search-cum-Selection Committee shall determine the procedure for making its recommendations.
7. (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. (8) No appointment shall be invalid merely by reason of any vacancy or absence of a Member in the Search-cum-Selection Committee.

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---

1. (a) has been adjudged as an insolvent; or
2. (b) has been convicted of an offence which involves moral turpitude; or
3. (c) has become physically or mentally incapable of acting as such Chairperson or Member; or
4. (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as such Chairperson or Member; or
5. (e) has so abused his position as to render his continuance in office prejudicial to the public interest: 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.

Notwithstanding anything contained in any judgment, order or decree of any court, or in any law for the time being in force,---

1. (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;
2. (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.

1. (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. (2) All re-appointments shall be made in the same manner as provided in sub-section (2) of section 3.

1. (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. (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.