Section 5. Composition of Tribunals and Benches thereof

5. Composition of Tribunals and Benches thereof .—(1) Each Tribunal shall consist of 1[a Chairman and such number of Judicial and Administrative Members] as the appropriate Government may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers and authority of the Tribunal may be exercised by Benches thereof. 2[(2) Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and one Administrative Member.] 3* * * * * (4) Notwithstanding anything contained in sub-section (1),[4] * the Chairman— 5 [(a) may, in addition to discharging the functions of the Judicial Member or the Administrative Member of the Bench to which he is appointed, discharge the functions of the Judicial Member or, as the case may be, the Administrative Member, of any other Bench;] (b) may transfer[6] [a Member] from one Bench to another Bench; 7 8 [(c) may authorise [the Judicial Member] or the Administrative Member appointed to one Bench to discharge also the functions of[9] [the Judicial Member or the Administrative Member, as the case may be] of another Bench; and] (d) may, for the purpose of securing that any case or cases which, having regard to the nature of the questions involved, requires or require, in his opinion or under the rules made by the Central Government in this behalf, to be decided by a Bench composed of more than[10] [two members], issue such general or special orders, as he may deem fit. 11[Provided that every Bench constituted in pursuance of this clause shall include at least one Judicial Member and one Administrative Member.] 12* * * * * (6) Notwithstanding anything contained in the foregoing provisions of this section, it shall be competent for the Chairman or any other Member authorised by the Chairman in this behalf to function as 13[a Bench] consisting of a single Member and exercise the jurisdiction, powers and authority of the 1. Subs. by Act 1 of 2007, s. 4, for "a Chairman and such number of Vice-Chairman and Judicial and Administrative Members" (w.e.f 19-2-2007). 2. Subs. by Act 19 of 1986, s. 6, for sub-section (2) (w.e.f. 1-11-1985). 3. Sub-section (3) omitted by s. 6, ibid. (w.e.f. 1-11-1985). 4. The words, brackets and figure "or sub-section (3)" omitted by s. 6, ibid. (w.e.f.1-11-1985). 5. Subs. by s. 6, ibid ., for clause (a) (w.e.f. 1-11-1985). 6. Subs. by Act 1 of 2007, s. 4, for "the Vice-Chairman or other Members" (w.e.f. 19-2-2007). 7. Subs. by Act 19 of 1986, s. 6, for clause (c) (w.e.f. 1-11-1985). 8. Subs. by Act 1 of 2007, s. 4, for "the Vice-Chairman or the Judicial Member" (w.e.f. 19-2-2007). 9. Subs. by s. 4, ibid ., for "the Vice-Chairman or, as the case may be, the Judicial Member or the Administrative Member" (w.e.f. 19-2-2007). 10. Subs. by Act 19 of 1986, s. 6, for "three Members" (w.e.f. 1-11-1985). 11. Ins. by s. 6, ibid . (w.e.f. 1-11-1985). 12. Sub-section (5) omitted by s. 6, ibid. (w.e.f. 1-11-1985). 13. Subs. by s. 6, ibid ., for "an additional Bench" (w.e.f. 1-11-1985). Tribunal in respect of such classes of cases or such matters pertaining to such classes of cases as the Chairman may by general or special order specify: Provided that if at any stage of the hearing of any such case or matter it appears to the Chairman or such Member that the case or matter is of such a nature that it ought to be heard by a Bench consisting of 1[two members], the case or matter may be transferred by the Chairman or, as the case may be, referred to him for transfer to, such Bench as the Chairman may deem fit. 2[(7) Subject to the other provisions of this Act, the Benches of the Central Administrative Tribunal shall ordinarily sit at New Delhi (which shall be known as the principal Bench), Allahabad, Calcutta, Madras, New Bombay and at such other places as the Central Government may, by notification, specify. (8) Subject to the other provisions of this Act, the places at which the principal Bench and other Benches of a State Administrative Tribunal shall ordinarily sit shall be such as the State Government may, by notification, specify.] 3[6. Qualifications for appointment as Chairman, Vice-Chairman and other members .—(1) A person shall not be qualified for appointment as the Chairman unless he is, or has been, a Judge of a High Court: Provided that a person appointed as Vice-Chairman before the commencement of this Act shall be qualified for appointment as Chairman if such person has held the office of the Vice-Chairman at least for a period of two years. (2) A person shall not be qualified for appointment,— (a) as an Administrative Member, unless he has held for at least two years the post of Secretary to the Government of India or any other post under the Central or State Government and carrying the scale of pay which is not less than that of a Secretary to the Government of India for at least two years or held a post of Additional Secretary to the Government of India for at least five years or any other post under the Central or State Government carrying the scale of pay which is not less than that of Additional Secretary to the Government of India at least for a period of five years: Provided that the officers belonging to All-India services who were or are on Central deputation to a lower post shall be deemed to have held the post of Secretary or Additional Secretary, as the case may be, from the date such officers were granted proforma promotion or actual promotion whichever is earlier to the level of Secretary or Additional Secretary, as the case may be, and the period spent on Central deputation after such date shall count for qualifying service for the purposes of this clause; (b) as a Judicial Member, unless he is or qualified to be a Judge of a High Court or he has for at least two years held the post of a Secretary to the Government of India in the Department of Legal Affairs or the Legislative Department including Member-Secretary, Law Commission of India or held a post of Additional Secretary to the Government of India in the Department of Legal Affairs and Legislative Department at least for a period of five years. (3) The Chairman and every other Member of the Central Administrative Tribunal shall be appointed after consultation with the Chief Justice of India by the President. (4) Subject to the provision of sub-section (3), the Chairman and every other Member of an Administrative Tribunal for a State shall be appointed by the President after consultation with the Governor of the concerned State. (5) The Chairman and every other Member of a Joint Administrative Tribunal shall, subject to the provisions of sub-section (3) and subject to the terms of the agreement between the participating State Governments published under sub-section (3) of section 4 of the principal Act, be appointed by the President after consultation with the Governors of the concerned States. 1. Subs. by Act 19 of 1986, s. 6, for "three Members" (w.e.f. 1-11-1985). 2. Subs. by s. 6, ibid., for sub-section (7) (w.e.f. 1-11-1985). 3. Subs. by Act 1 of 2007, s. 5, for section 6 (w.e.f. 19-2-2007). — Explanation. In computing for the purpose of this section, the period during which a person has held any post under the Central or State Government, there shall be included the period during which he has held any other post under the Central or State Government (including an office under this Act) carrying the same scale of pay as that of first mentioned post on a higher scale of pay.]