Section 10 of The Railway Claims Tribunal Act, 1987
On ceasing to hold office--
- (a)the Chairman of the Claims Tribunal shall be ineligible for further employment either under the Government of India or under the Government of a State;
- (b)a Vice-Chairman shall, subject to the other provisions of this Act, be eligible for appointment as the Chairman of the Claims Tribunal, or as the chairman, vice-chairman or member of any other Tribunal established under any law for the time being in force, but not for any other employment either under the Government of India or under the Government of a State;
- (c)a Member (other than the Chairman or Vice-Chairman) shall, subject to the other provisions of this Act, be eligible for appointment as the Chairman or Vice-Chairman or as the chairman, vice-chairman or member of any other Tribunal established under any law for the time being in force, but not for any other employment either under the Government of India or under the Government of a State;
- (d)the Chairman, Vice-Chairman or other Member shall not appear, act or plead before the Claims Tribunal. Explanation.--For the purposes of this section, employment under the Government of India or under the Government of a State includes employment under any local or other authority within the territory of India or under the control of the Government of India or under any corporation or society owned or controlled by the Government.
Summary
- This provision severely restricts what jobs Tribunal members can take after they leave their positions.
- A former Chairman is completely banned from any future employment with the central or state governments.
- Former Vice-Chairmen and Members cannot take standard government jobs, but they are allowed to be appointed to higher roles within tribunals.
- No former Chairman, Vice-Chairman, or Member is allowed to appear, act, or argue cases as a lawyer before the Railway Claims Tribunal.
- Government employment includes working for local authorities, government-controlled entities, or government-owned corporations.
Practical examples
FAQ
1. Can the Chairman get another government job later under Section 10 of the Railway Claims Tribunal Act?
No, Section 10 of the Railway Claims Tribunal Act says the Chairman cannot take any further employment with the Government of India or any State Government after leaving office.
2. What jobs can a Vice-Chairman take after leaving under Section 10 of the railway tribunal law?
Under Section 10 of the railway tribunal law, a Vice-Chairman can become the Chairman of the railway tribunal or take a leadership role in another legal tribunal. However, they cannot take other regular government jobs.
3. Can a former member argue a case before the tribunal under Section 10 of the 1987 railway act?
Section 10 of the 1987 railway act strictly forbids the Chairman, Vice-Chairman, or any Member from appearing, acting, or pleading cases before the Claims Tribunal after they leave.
4. Does government employment include working for a state-owned society under Section 10 of the railway claims legislation?
Yes, Section 10 of the railway claims legislation defines government employment to include working for any local authority, corporation, or society owned or controlled by the government.
Test yourself
Q1.Under Section 10 of The Railway Claims Tribunal Act, 1987, what is the employment restriction placed on a person who ceases to be the Chairman?
Q2.Under Section 10 of The Railway Claims Tribunal Act, 1987, which of the following is a former Member permitted to do?
Q3.Under Section 10 of The Railway Claims Tribunal Act, 1987, how does the law define employment under the Government for the purposes of these restrictions?
Q4.Under Section 10 of The Railway Claims Tribunal Act, 1987, a person retires as Vice-Chairman and wants to represent victims in railway accidents. Where are they strictly forbidden from appearing to plead these cases?
Q5.Read Section 9A and Section 10 of The Railway Claims Tribunal Act, 1987 together. If a Member was appointed in 2012 (pre-2017 Finance Act) and retires in 2026, are they allowed to take a job with a State Government?