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Administrative Tribunals Act, 1985


6. Qualifications for Appointment of Chairman, Vice-Chairman or Other Members.

 (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 Vice-Chairman;  

(c) Omitted  

(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 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  

(bb) 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; or  

(c) has, for a period of not less than three years, held office as a Judicial Member or an Administrative 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 the service for at least three years.  

(3-A) A person shall not be qualified for appointment as an Administrative Member unless he

 (a) has, for at least two 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; or

 (b) has, for at least three years, held the post of a Joint 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 Joint Secretary to the Government of India. and shall, in either case, have adequate administrative experience.  

(4) Subject to the provisions of sub-section (7), the Chairman, Vice-Chairman and every other Member of the Central Administrative Tribunal shall be appointed by the President.

 (5) Subject to the provisions of sub-section (7), the Chairman, Vice-Chairman and every other Member of an Administrative Tribunal for a State shall be appointed by the President after consultation with the Governor of the concerned State.

 (6) The Chairman, Vice-Chairman and every other Member of a Joint Administrative Tribunal shall, subject to the terms of the agreement between the participating State Government published under sub-section (3) of section 4, and subject to the provisions of sub-section (7) be appointed by the President after consultation with Governors of the concerned State.

 Explanation: In computing, for the purposes of this section, the period during which a person has held any post under the Central or a State Government, there shall be included the period during which he has held any other post under the Central or a State Government (including an office under this Act) carrying the same scale of pay as that of the first mentioned post or a higher scale of pay.

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



Administrative Tribunals Act, 1985 Back




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