Section 409: Qualification of President and Members of Tribunal
This section sets out the qualifications required for the President and Members of the Tribunal.
The section, clause by clause
What the section says
In plain terms
(1)The President shall be a person who is or has been a Judge of a High Court for five years.
The President of the Tribunal must have been a High Court Judge for at least five years.
(2)A person shall not be qualified for appointment as a Judicial Member unless he—
To be a Judicial Member, a person must have been a High Court Judge, a District Judge for at least five years, or an advocate for at least ten years.
(2)(a)is, or has been, a judge of a High Court; or
(2)(b)is, or has been, a District Judge for at least five years; or
(2)(c)has, for at least ten years been an advocate of a court.
explanationExplanation.—For the purposes of clause (c), in computing the period during which a person has been an advocate of a court, there shall be included any period during which the person has held judicial office or the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law after he become an advocate.
(3)A person shall not be qualified for appointment as a Technical Member unless he—
To be a Technical Member, a person must have at least fifteen years of experience in a specific field, such as law, accounting, or company secretary work, or have been a presiding officer of a Labour Court for at least five years.
(3)(a)has, for at least fifteen years been a member of the Indian Corporate Law Service or Indian Legal Service 1[and has been holding the rank of Secretary or Additional Secretary to the Government of India]; or
(3)(b)is, or has been, in practice as a chartered accountant for at least fifteen years; or
(3)(c)is, or has been, in practice as a cost accountant for at least fifteen years; or
(3)(d)is, or has been, in practice as a company secretary for at least fifteen years; or 2[(e) is a person of proven ability, integrity and standing having special knowledge and professional experience of not less than fifteen years in industrial finance, industrial management, industrial reconstruction, investment and accountancy.]
(3)(f)is, or has been, for at least five years, a presiding officer of a Labour Court, Tribunal or National Tribunal constituted under the Industrial Disputes Act, 1947 (14 of 1947).
The right-hand column is written from the section text, not quoted from it, and it has no legal force. Where the two differ, the left-hand column is the law.
Amendment notes
- 1. Subs. by Act 1 of 2018, s. 82, for “out of which at least three years shall be in the pay scale of Joint Secretary to the Government of India or equivalent or above in that service” (w.e.f 9-2-2018).
- 2. Subs. by Act 1 of 2018, s. 82, for clause (e) (w.e.f. 9-2-2018).
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Reproduced from the official India Code print for reference. Check the current text on India Code before you rely on it, and read the section alongside its Rules. Nothing here is legal advice.