Chapter III MANNER OF SELECTION AND CONDITIONS OF SERVICE OF CHAIRPERSON AND MEMBERS OF TRIBUNAL

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13. Search-cum-Selection Committees

Statutory text

(1) For the purpose of the selection of the Chairpersons and Members of the Tribunals specified in the First Schedule, the Commission shall constitute Search-cum-Selection Committees as may be required.
(2) A Search-cum-Selection Committee in the case of selection of the Chairperson of a Tribunal shall consist of the following, namely:,
- (a) a Chairperson, who shall be the Chairperson of the Commission;
- (b) one Member, who shall be a Technical Member of the Commission;
- (c) one Member, who shall be a retired Chief Justice of a High Court nominated by the Chairperson of the Commission;
- (d) one Member, who is a Secretary to the Government of India nominated by the Central Government: Provided that in case of appointment to the post of Chairperson of the State Administrative Tribunals, the Chief Secretary to the State Government concerned shall be the Member;
- (e) two Members, who are experts empanelled under section 15 who carried out the assessment of the suitability of candidates; and
- (f) one Member Secretary, who shall be the Secretary to the Commission.
(3) A Search-cum-Selection Committee in the case of selection of the Members of a Tribunal shall consist of the following, namely:,
- (a) a Chairperson, who shall be a Judicial Member of the Commission;
- (b) one Member, who shall be a Technical Member of the Commission;
- (c) one Member, who shall be a retired Judge of a High Court nominated by the Chairperson of the Commission;
- (d) one Member, who is a Secretary to the Government of India nominated by the Central Government: Provided that in case of appointment to the post of Members of the State Administrative Tribunals, the Chief Secretary to the State Government concerned shall be the Member;
- (e) two Members, who are experts empanelled under section 15 who carried out the assessment of the suitability of candidates; and
- (f) one Member Secretary, who shall be the Secretary to the Commission.
(4) The Chairperson of the Search-cum-Selection Committee shall have the casting vote.
(5) The Member Secretary and the expert Members shall not have any vote.
(6) The Search-cum-Selection Committee, after the selection process, shall forward its recommendation to the Central Government through the Secretariat.
(7) No act or proceeding of a Search-cum-Selection Committee shall be invalid merely by reason of any vacancy in, or any defect in the constitution of, the Committee.

Chapter III MANNER OF SELECTION AND CONDITIONS OF SERVICE OF CHAIRPERSON AND MEMBERS OF TRIBUNAL

14. Appointment of Chairperson and Members of Tribunals

Statutory text

(1) Notwithstanding the respective enactments relating to a Tribunal specified in the First Schedule, the qualifications, manner of selection, appointment, salaries and allowances, resignation, removal and other conditions of service of the Chairperson and Members of such Tribunal shall be such, as may be prescribed: Provided that the Central Government shall, in making rules under this sub-section, take into consideration the experience and specialisation in the relevant field which may be required for appointment of a person as the Chairperson or a Member of a Tribunal.
(2) The Chairperson and the Members of every Tribunal specified in the First Schedule shall be appointed by the Central Government on the recommendation of the Search-cum-Selection Committee constituted under section 13.
(3) The office of the Chairperson of a Tribunal specified in the First Schedule may be filled either through a selection process or through a search process, as may be determined by the Search-cum-Selection Committee.
(4) The Search-cum-Selection Committee shall adopt such comprehensive procedure for assessment of candidates as may be prescribed: Provided that the manner of scrutiny of applications and weightage for assessment of candidates shall be such as may be specified by regulations.
(5) Where any person who is or has been a Chairperson or a Member of the Tribunal, applies for reappointment against an advertisement for selection in the Tribunal, the Search-cum-Selection Committee shall, while considering his candidature for selection as per sub-sections
(1) and (4), consider his previous work performance in the Tribunal: Provided that where a Member is considered for reappointment, the Search-cum-Selection Committee shall consult the President or Chairperson of the concerned Tribunal, in cases other than the reappointment of a Member of a Tribunal constituted by the Central Government under section 44 of the Industrial Relations Code, 2020 (35 of 2020).
(6) The Search-cum-Selection Committee shall recommend a suitable person for appointment to the post of Chairperson or Member, as the case may be, and shall recommend one additional name for each vacancy to be included in the waiting list.
(7) The Secretariat shall communicate the recommendation of the Search-cum-Selection Committee, within a period of three days from the date of such recommendation, to the Central Government.
(8) The Central Government shall process the recommendation of the Search-cum-Selection Committee and make the appointment thereto within a period of three months from the date of receipt of such recommendation.
(9) No appointment shall be invalid merely by reason of any vacancy or absence of a Member of the Commission or of a Search-cum-Selection Committee.

Chapter III MANNER OF SELECTION AND CONDITIONS OF SERVICE OF CHAIRPERSON AND MEMBERS OF TRIBUNAL

15. Empanelment of experts

Statutory text

(1) The Secretariat shall empanel experts from the relevant fields in such manner and on such terms and conditions of engagement including conflict of interest as may be specified by regulations, for providing assistance in the assessment of the suitability of candidates for the posts of Chairpersons and Members of Tribunals.
(2) The experts who carry out the assessment of the suitability of candidates under sub-section
(1) shall serve as members of the Search-cum-Selection Committee concerned as constituted under section 13.

Chapter III MANNER OF SELECTION AND CONDITIONS OF SERVICE OF CHAIRPERSON AND MEMBERS OF TRIBUNAL

16. Removal of Chairperson and Members of Tribunals

Statutory text

(1) The Central Government may, by order, remove from office the Chairperson or Member of a Tribunal, who,
- (a) is, or at any time 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 of the Tribunal; or
- (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as such Chairperson or Member of the Tribunal; or
- (e) has so abused his position as to render his continuance in office prejudicial to the public interest; or
- (f) has been found incompetent or inefficient; or
- (g) has engaged, at any time during his term of office, in any paid assignment.
(2) Where a complaint is received against a Chairperson or Member of a Tribunal on any ground specified in clauses
- (d) to
- (g) of sub-section (1), the Ministry or Department administering the Tribunal concerned shall conduct a preliminary inquiry to find out whether the complaint discloses such a ground and is supported by material facts and documents, and refer the matter to the Chairperson of the Commission for conduct of inquiry in such manner, as may be prescribed, and the Commission shall, after such inquiry, submit its recommendation to the Central Government, for appropriate action, if any.
(3) No Chairperson or Member of a Tribunal shall be removed from his office on the grounds specified in clauses
- (d) to
- (g) of sub-section
(1) unless a reference has been made in this behalf to the Commission and an inquiry has been made under sub-section (2).
(4) The Central Government shall, on receipt of the recommendation of the Commission under sub-section (2), take appropriate action as required.

Chapter III MANNER OF SELECTION AND CONDITIONS OF SERVICE OF CHAIRPERSON AND MEMBERS OF TRIBUNAL

17. Term of office of Chairperson and Member of Tribunal

Statutory text

(1) Notwithstanding anything contained in any other law for the time being in force,
- (a) the Chairperson of a Tribunal shall hold office for a term of five years or till he attains the age of seventy years, whichever is earlier; and
- (b) a Member of a Tribunal shall hold office for a term of five years or till he attains the age of sixty-seven years, whichever is earlier.
(2) The Chairperson or Member of a Tribunal shall be eligible for consideration for reappointment in accordance with the provisions of section 14.

Chapter III MANNER OF SELECTION AND CONDITIONS OF SERVICE OF CHAIRPERSON AND MEMBERS OF TRIBUNAL

18. Qualifications, manner of selection, etc., of Chairpersons and Members of Tribunals under certain enactments to be governed by this Act

Statutory text

(1) The provisions relating to qualifications, manner of selection, appointment, salaries and allowances, resignation, removal and other conditions of service and eligibility for reappointment of the Chairpersons and Members of the Tribunals under the enactments specified in column
(3) of the First Schedule, shall stand amended in the manner as specified in the Second Schedule.
(2) If the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification published in the Official Gazette, amend the First Schedule and thereupon, the said Schedule shall be deemed to have been amended accordingly.
(3) A copy of every notification issued under sub-section
(2) shall be laid before each House of Parliament, as soon as may be after it is issued.

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