Chapter II NATIONAL TRIBUNALS COMMISSION

1. (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be established a Commission to be called the National Tribunals Commission to exercise the powers conferred upon it and to perform the functions assigned to it under this Act.
2. (2) The headquarters of the National Tribunals Commission shall be at New Delhi.
3. (3) The Commission shall consist of a Chairperson and four Members, of whom, two shall be Judicial Members and two shall be Technical Members.
4. (4) A person shall be qualified for appointment,
   • (a) as the Chairperson, if he has been a Judge of the Supreme Court or a Chief Justice of a High Court;
   • (b) as a Judicial Member, if he has been a Chief Justice of a High Court or a Judge of a High Court; and
   • (c) as a Technical Member, if he is a person of ability, integrity and standing, who has special knowledge and experience of not less than twenty-five years in the fields of public administration, finance, law, accountancy, banking, management or technology.

The Commission shall,

1. (a) conduct the selection process for filling up the vacancies of Chairpersons and Members of the Tribunals specified in the First Schedule, through the Search-cum-Selection Committees constituted under section 13;
2. (b) review the performance of the Tribunals, and cause an annual report to be prepared and submitted to the Central Government;
3. (c) oversee the conduct of inquiry into complaints against the Chairpersons and Members of the Tribunals; and
4. (d) develop and maintain the National Tribunals Data Grid.

1. (1) The Chairperson of the Commission and the Members of the Commission shall be appointed by the Central Government: Provided that the Central Government shall consult the Chief Justice of India before making an appointment to the post of Chairperson of the Commission and Judicial Members of the Commission.
2. (2) The Chairperson of the Commission or a Member of the Commission shall hold office for a term of five years or till he attains the age of seventy years, whichever is earlier.
3. (3) The salaries, allowances and other terms and conditions of holding office of the Chairperson of the Commission and the Members of the Commission shall be such, as may be prescribed.
4. (4) Where a vacancy in the office of the Chairperson of the Commission arises for any reason, the senior-most Judicial Member of the Commission shall act as the Chairperson of the Commission until the date on which a new Chairperson enters upon his office.
5. (5) When the Chairperson of the Commission is unable to discharge his functions owing to absence, illness or any other cause, the senior-most Judicial Member of the Commission shall discharge the functions of the Chairperson of the Commission until the date on which he resumes charge of his office.

1. (1) The Chairperson of the Commission or any Member of the Commission may, by notice in writing under his hand addressed to the Central Government, resign his office: Provided that the Chairperson of the Commission or a Member of the Commission shall, unless permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice, or until a Chairperson or Member appointed as his successor enters upon his office, or until the expiry of his term of office, whichever is earlier.
2. (2) The Central Government may, by order, remove from office the Chairperson of the Commission or a Member of the Commission, 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 of the Commission or a Member of the Commission; or
   • (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as such Chairperson of the Commission or a Member of the Commission; or
   • (e) has so abused his position as to render his continuance in office prejudicial to the public interest.
3. (3) The Chairperson of the Commission or a Member of the Commission shall not be removed from his office on the ground specified in clause
   • (d) or clause
   • (e) of sub-section
4. (2) unless he has been informed of the charges against him and given a reasonable opportunity of being heard in an inquiry held by a Committee constituted for the purpose in such manner as may be prescribed.
5. (4) The Committee referred to in sub-section
6. (3) shall be headed by a person who is a Judge of the Supreme Court to be nominated by the Chief Justice of India.

No act or proceeding of the Commission shall be invalid merely by reason of,

1. (a) any vacancy in, or any defect in the constitution of, the Commission; or
2. (b) any defect in the appointment of the Chairperson of the Commission or a person acting as such Chairperson, or of a Member of the Commission.

1. (1) The Central Government shall appoint an officer of the rank of Secretary to the Government of India as the Secretary of the Commission.
2. (2) The Secretary of the Commission shall head the Secretariat and exercise such administrative and financial powers of the Commission, as may be prescribed.
3. (3) The number of officers and employees of the Secretariat and their appointment, terms and conditions of service shall be such, as may be prescribed.
4. (4) The Secretariat shall, subject to the general and administrative oversight of the Chairperson of the Commission under sub-section (5), discharge such functions as may be prescribed.
5. (5) The Chairperson of the Commission may issue such instructions and directions of general nature to the Secretariat as he may deem fit in the interest of efficient administration of the Commission.

1. (1) The Commission shall observe such procedure in regard to the holding and transaction of business at its meetings in such manner as may be specified by regulations.
2. (2) The Chairperson of the Commission shall preside over the meetings of the Commission.
3. (3) When the Chairperson of the Commission is unable to attend a meeting of the Commission for any reason, the senior-most Judicial Member of the Commission present at the meeting shall preside over it.
4. (4) All matters which are brought before the Commission, shall be decided by a majority of the Members of the Commission, including the Chairperson of the Commission, present and voting.
5. (5) The Chairperson of the Commission shall have a casting vote.

The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Commission grants of such sums of money as it may deem appropriate for being utilised for the purposes of this Act.

1. (1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed, in consultation with the Comptroller and Auditor-General of India.
2. (2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him, and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General of India.
3. (3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Commission shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers, and to inspect any of the offices of the Commission.
4. (4) The accounts of the Commission as certified by the Comptroller and Auditor-General of India, together with the audit report thereon, shall be forwarded annually to the Central Government, and that Government shall cause the same to be laid before each House of Parliament.

1. (1) The Secretariat shall prepare, once in every year, an annual report giving a true and full account of the activities of the Commission during the previous year, and forward copies of such report, through the Commission, to the Central Government.
2. (2) A copy of the report received under sub-section
3. (1) shall be laid by the Central Government, as soon as may be after it is received, before each House of Parliament.