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Section 6 of CAT Act 1985 - Qualifications for appointment as Chairman, Vice-Chairman or other Members

What are the Qualifications for appointment as Chairman, Vice-Chairman or other Members? Section 6 of Administrative Tribunals Act, 1985

Section 6 : Qualifications for appointment as Chairman, Vice-Chairman or other Members

(1) A person shall not be qualified for appointment as the Chairman unless he is, or has been, a judge of a High Court.-

Provided that a person appointed as Vice-Chairman before the commencement of this Act shall be qualified for appointment as Chairman if such person has held the office of the Vice-Chairman at least for a period of two years.

 

(2) A person shall not be qualified for appointment -

(a) as an Administrative Member, unless he has held for at least two years the post of Secretary to the Government of India or any other post under the Central or State Government and carrying the scale of pay which is not less than that of a Secretary to the Government of India for at least two years or held a post of Additional Secretary to the Government of India for at least five years or any other post under the Central or State Government carrying the scale of pay which is not not less than that of Additional Secretary to the Government of India at least for a period of five years:

Provided that the officers belonging to All-India services who were or are on Central deputation to a lower post shall be deemed to have held the post of Secretary or Additional Secretary, as the case may be, from the date such officers were granted proforma promotion or actual promotion whichever is earlier to the level of Secretary or Additional Secretary, as the case may be, and the period spent on Central deputation after such date shall count for qualifying service for the purposes of this clause;

(b) as Judicial Member, unless he is or qualified to be a Judge of a High Court or he has for at least two years held the post of a Secretary to the Government of India in the Department of Legal Affairs or the Legislative Department including Member-Secretary, Law Commission of India or held a post of Additional Secretary to the Government of India in the Department of Legal Affairs and Legislative Department at least for a period of five years.

(3) The Chairman and every other Member of the Central Administrative Tribunal shall be appointed after consultation with the Chief Justice of India by the President.

(4) [Subject to the provision of sub-section(3), the 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.

(5) [Subject to the provision of sub-section(3) and subject to the terms of the agreement between the participating State Government published under sub-section(3) of section 4 of principal Act, be appointed by the President after consultation with the Governors of the concerned States.

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

 

 

 

CAT ACT 1985

Section 2 : Act not to apply to certain persons

Section 3 of CAT Act 1985 - Definitions

ESTABLISHMENT OF TRIBUNALS AND BENCHES THEREOF

Section 4 of CAT Act 1985 - Establishment of Administrative Tribunal

Section 5 of CAT Act 1985 - Composition of Tribunals and Benches thereof

Section 6 of CAT Act 1985 - Qualifications for appointment as Chairman, Vice-Chairman or other Members

Section 7 of CAT Act 1985 - Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances

Section 8 of CAT Act 1985 - Term of office

Section 9 of CAT Act 1985 - Resignation and Removal

Section 10 of CAT Act 1985 - Salaries and allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members

Section 10A of CAT Act 1985 - Saving terms and conditions of service of Vice-Chairman

Section 11 of CAT Act 1985 - Provision as to the holding of offices by Chairman, etc., on ceasing to be such Chairman, etc

Section 12 of CAT Act 1985 - Financial and administrative powers of the Chairman

Section 13 of CAT Act 1985 - Staff of the Tribunal

JURISDICTION, POWERS AND AUTHORITY OF TRIBUNALS

Section 14 of CAT Act 1985 - Jurisdiction, powers and authority of the Central Administrative Tribunal

Section 15 of CAT Act 1985 - Jurisdiction, powers and authority of State Administrative Tribunals

Section 16 of CAT Act 1985 - Jurisdiction, powers and authority of a Joint Administrative Tribunal

Section 17 of CAT Act 1985 - Power to punish for contempt

Section 18 of CAT Act 1985 - Distribution of business amongst the Benches

PROCEDURE

Section 19 of CAT Act 1985 - Applications to Tribunals

Section 20 of CAT Act 1985 - Application not to be admitted unless other remedies exhausted

 

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