Section 7 NGT Act 2010: Term of Office of Chairperson, Judicial Member and Expert Member
Section 7 of the National Green Tribunal Act, 2010 contains the original statutory provisions governing the term of office and age limits of the Chairperson, Judicial Members and Expert Members of the National Green Tribunal. For present-day appointments, Section 7 must be read with Section 10A and the Tribunals Reforms Act, 2021.
What does Section 7 of the National Green Tribunal Act, 2010 provide?
Section 7 is titled "Term of office and other conditions of service of Chairperson, Judicial Member and Expert Member." The original provision prescribed a five-year term, prohibited re-appointment and imposed different maximum age limits depending on the office and the judicial background of the appointee.
Original Section 7: Five-year term and no re-appointment
The Chairperson, Judicial Member and Expert Member of the Tribunal shall hold office for a term of five years from the date on which they enter upon office, but shall not be eligible for re-appointment.
This is the original rule appearing in Section 7. It is important for understanding the Act and for appointments governed by the earlier statutory regime. It should not, however, be presented as the complete rule for appointments governed by Section 10A and the Tribunals Reforms Act, 2021.
Original age limits under Section 7
A person who is or has been a Judge of the Supreme Court and is appointed as Chairperson or Judicial Member shall not hold office after attaining seventy years of age.
A person who is or has been the Chief Justice of a High Court and is appointed as Chairperson or Judicial Member shall not hold office after attaining sixty-seven years of age.
A person who is or has been a Judge of a High Court and is appointed as Judicial Member shall not hold office after attaining sixty-seven years of age.
An Expert Member shall not hold office after attaining sixty-five years of age under the original Section 7 framework.
Section 10A changes the framework for later appointments
Section 10A begins with a non-obstante clause. It provides that, notwithstanding anything contained in the National Green Tribunal Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the Chairperson, Judicial Member and Expert Member appointed after commencement of the Tribunals Reforms Act, 2021 are governed by Chapter II of that Act.
Current term under the Tribunals Reforms Act, 2021
| Office | Current statutory term under Section 5 of the Tribunals Reforms Act, 2021 |
|---|---|
| Chairperson | Four years or until attaining the age of seventy years, whichever is earlier. |
| Member | Four years or until attaining the age of sixty-seven years, whichever is earlier. |
The Act also contains a transitional proviso for certain appointments made between 26 May 2017 and the notified date where the appointment order specified a longer term or retirement age, subject to the statutory maximum term stated in that proviso.
Is re-appointment permitted under the current law?
Yes, under Section 6 of the Tribunals Reforms Act, 2021, the Chairperson and Member of a Tribunal are eligible for re-appointment in accordance with that Act. The provision also states that, when making a re-appointment, preference shall be given to the service rendered by the person. Re-appointments are to be made in the manner prescribed by the statutory appointment framework.
Original Section 7 compared with the post-2021 framework
| Issue | Original Section 7 framework | Post-2021 framework |
|---|---|---|
| Term | Five years from entering office. | Generally four years, subject to the applicable statutory age ceiling. |
| Re-appointment | Not permitted under the original Section 7 wording. | Permitted under Section 6 of the Tribunals Reforms Act, 2021, subject to that Act. |
| Chairperson age ceiling | Depended on the judicial background specified in Section 7. | Seventy years under Section 5 of the Tribunals Reforms Act, 2021. |
| Member age ceiling | Judicial Member generally sixty-seven; Expert Member sixty-five under the original provision. | Sixty-seven years for a Member under Section 5 of the Tribunals Reforms Act, 2021. |
Which law should be checked for an NGT member's term?
The applicable regime depends on when and under which statutory framework the person was appointed. Section 10A expressly preserves an earlier regime for specified persons appointed before commencement of Part XIV of Chapter VI of the Finance Act, 2017, while appointments after commencement of the Tribunals Reforms Act, 2021 are governed by Chapter II of that Act. The appointment order and applicable transitional provisions should therefore be checked in an individual case.
Tribunal Conditions of Service Rules, 2021
The Tribunal (Conditions of Service) Rules, 2021 supplement the Tribunals Reforms Act, 2021. They deal with qualifications, appointment-related matters and conditions of service for tribunals covered by the rules. For a current NGT appointment or service question, the latest amended rules and the particular appointment notification should be read with the governing Acts.
Related provisions of the NGT Act
Section 7 should be read with Section 5 on qualifications, Section 6 on appointment, Sections 8 and 9 on resignation, salaries and service conditions, and Section 10 on removal and suspension.
For authoritative use, verify the latest official legislation, rules, amendments and the individual appointment order applicable to the office-holder concerned.