Section 411: Qualifications of chairperson and Members of Appellate Tribunal
This section sets out the qualifications required for the chairperson and members of the Appellate Tribunal.
The section, clause by clause
What the section says
In plain terms
(1)The chairperson shall be a person who is or has been a Judge of the Supreme Court or the Chief Justice of a High Court.
The chairperson of the Appellate Tribunal must be a person who is or has been a Judge of the Supreme Court or the Chief Justice of a High Court.
(2)A Judicial Member shall be a person who is or has been a Judge of a High Court or is a Judicial Member of the Tribunal for five years.
A Judicial Member of the Appellate Tribunal must be a person who is or has been a Judge of a High Court or is a Judicial Member of the Tribunal for 5 years.
(3)A technical member shall be a person of proven ability, integrity and standing having special knowledge and professional experience of not less than twenty-five years in industrial finance, industrial management, industrial reconstruction, investment and accountancy.]
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. The words “not exceeding eleven” omitted by Act 29 of 2020, s. 58 (w.e.f. 22-1-2021).
- 2. Subs. by Act 7 of 2017, s. 172, for “for hearing appeals against the orders to the Tribunal” (w.e.f. 26-5-2017).
- 3. Subs. by Act 1 of 2018, s. 83 for “orders of the Tribunal” (w.e.f. 7-5-2018).
- 4. Subs. by Act 29 of 2020, s. 58, for “section 53N” (w.e.f. 22-1-2021).
- 5. Subs. by Act 1 of 2018, s. 84, for sub-section (3) (w.e.f. 9-2-2018).
- 6. Subs. by s. 85, ibid., for sub-section (2) (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.