Section 14 of The Tribunals Reforms Act, 2026 — Appointment of Chairperson and Members of Tribunals
Bare section text
Official Legislative Text
- (1)Notwithstanding the respective enactments relating to a Tribunal specified in the First Schedule, the qualifications, manner of selection, appointment, salaries and allowances, resignation, removal and other conditions of service of the Chairperson and Members of such Tribunal shall be such, as may be prescribed: Provided that the Central Government shall, in making rules under this sub-section, take into consideration the experience and specialisation in the relevant field which may be required for appointment of a person as the Chairperson or a Member of a Tribunal.
- (2)The Chairperson and the Members of every Tribunal specified in the First Schedule shall be appointed by the Central Government on the recommendation of the Search-cum-Selection Committee constituted under section 13.
- (3)The office of the Chairperson of a Tribunal specified in the First Schedule may be filled either through a selection process or through a search process, as may be determined by the Search-cum-Selection Committee.
- (4)The Search-cum-Selection Committee shall adopt such comprehensive procedure for assessment of candidates as may be prescribed: Provided that the manner of scrutiny of applications and weightage for assessment of candidates shall be such as may be specified by regulations.
- (5)Where any person who is or has been a Chairperson or a Member of the Tribunal, applies for reappointment against an advertisement for selection in the Tribunal, the Search-cum-Selection Committee shall, while considering his candidature for selection as per sub-sections
- (1)and (4), consider his previous work performance in the Tribunal: Provided that where a Member is considered for reappointment, the Search-cum-Selection Committee shall consult the President or Chairperson of the concerned Tribunal, in cases other than the reappointment of a Member of a Tribunal constituted by the Central Government under section 44 of the Industrial Relations Code, 2020 (35 of 2020).
- (6)The Search-cum-Selection Committee shall recommend a suitable person for appointment to the post of Chairperson or Member, as the case may be, and shall recommend one additional name for each vacancy to be included in the waiting list.
- (7)The Secretariat shall communicate the recommendation of the Search-cum-Selection Committee, within a period of three days from the date of such recommendation, to the Central Government.
- (8)The Central Government shall process the recommendation of the Search-cum-Selection Committee and make the appointment thereto within a period of three months from the date of receipt of such recommendation.
- (9)No appointment shall be invalid merely by reason of any vacancy or absence of a Member of the Commission or of a Search-cum-Selection Committee.