Section 413: Term of office of President, chairperson and other Members
This section sets the term of office and age limits for the President, chairperson, and other Members of the Tribunal and Appellate Tribunal.
The section, clause by clause
What the section says
In plain terms
(1)The President and every other Member of the Tribunal shall hold office as such for a term of five years from the date on which he enters upon his office, but shall be eligible for re-appointment for another term of five years.
The President and other Members of the Tribunal will hold office for 5 years from the date they start, and can be re-appointed for another 5 years.
(2)A Member of the Tribunal shall hold office as such until he attains,—
A Member of the Tribunal will hold office until they are 67 years old if they are the President, or 65 years old if they are any other Member.
(2)(a)in the case of the President, the age of sixty-seven years;
(2)(b)in the case of any other Member, the age of sixty-five years:
provisoProvided that a person who has not completed fifty years of age shall not be eligible for appointment as Member:
provisoProvided further that the Member may retain his lien with his parent cadre or Ministry or Department, as the case may be, while holding office as such for a period not exceeding one year.
(3)The chairperson or a Member of the Appellate Tribunal shall hold office as such for a term of five years from the date on which he enters upon his office, but shall be eligible for re-appointment for another term of five years.
The chairperson or a Member of the Appellate Tribunal will hold office for 5 years from the date they start, and can be re-appointed for another 5 years.
(4)A Member of the Appellate Tribunal shall hold office as such until he attains,—
A Member of the Appellate Tribunal will hold office until they are 70 years old if they are the Chairperson, or 67 years old if they are any other Member.
(4)(a)in the case of the Chairperson, the age of seventy years;
(4)(b)in the case of any other Member, the age of sixty-seven years:
provisoProvided that a person who has not completed fifty years of age shall not be eligible for appointment as Member:
provisoProvided further that the Member may retain his lien with his parent cadre or Ministry or Department, as the case may be, while holding office as such for a period not exceeding one year.
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.