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National Environment Tribunal Act, 1995


10. Qualifications for appointment as Chairperson, Vice-Chairperson or other Member

(1) A person shall not be qualified for appointment as the Chairperson unless he -

(a) is, or has been, a Judge of the Supreme Court or a High Court; or

(b) has, for at least two years, held the office of Vice-Chairperson.

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

(a) is, or has been, 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

(c) (i)  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; and

(ii) has adequate knowledge of, or  experience in, legal, administrative, scientific or technical aspects of the problems relating to environment; or

(d) has, for at least 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  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.

(4) A person shall not be qualified for appointment as a Technical Member unless he has adequate knowledge of, or experience in, or capacity to deal with, administrative, scientific or technical aspects of the problems relating to environment.

(5) Subject to the provisions of sub-sections (6) and (7), the Chairperson, Vice-Chairperson and every other Member of the Tribunal shall be appointed by the President.

(6) No appointment of a person possessing the qualifications specified in this section as the Chairperson or the Vice-Chairperson shall be made except after consultation with the Chief Justice of India.

(7) No appointment of a person as a Judicial Member or a Technical Member shall be made except on the recommendation of a Selection Committee appointed by the Central Government consisting of the following, namely :-

(a) Chairperson of the Tribunal;

Chairperson of the Committee, ex officio;

(b) Secretary to the Government of India in the Ministry of Environment and Forests.

member, ex officio;

(c) Secretary to the Government of India in the Ministry of Laws, Justice and Company Affairs (Department of Legal Affairs)

member, ex officio;

(d) Director-General, Council of Scientific and Industrial Research.

member, ex officio;

(e) an Environment to be nominated by the Central Government

member



National Environment Tribunal Act, 1995 Back




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