Chapter III — MANNER OF SELECTION AND CONDITIONS OF SERVICE OF CHAIRPERSON AND MEMBERS OF TRIBUNAL

Section 13Search-cum-Selection Committees

Section 13: Search-cum-Selection Committees

13. Search-cum-Selection Committees

(1)

For the purpose of the selection of the Chairpersons and Members of the Tribunals specified in the First Schedule, the Commission shall constitute Searchcum-Selection Committees as may be required.

(2)

A Search-cum-Selection Committee in the case of selection of the Chairperson of a Tribunal shall consist of the following, namely:–

(a)

a Chairperson, who shall be the Chairperson of the Commission;

(b)

one Member, who shall be a Technical Member of the Commission;

(c)

one Member, who shall be a retired Chief Justice of a High Court nominated by the Chairperson of the Commission;

(d)

one Member, who is a Secretary to the Government of India nominated by the Central Government:

Provided that in case of appointment to the post of Chairperson of the State Administrative Tribunals, the Chief Secretary to the State Government concerned shall be the Member;

(e)

two Members, who are experts empanelled under section 15 who carried out the assessment of the suitability of candidates; and

(f)

one Member Secretary, who shall be the Secretary to the Commission.

(3)

A Search-cum-Selection Committee in the case of selection of the Members of a Tribunal shall consist of the following, namely:–

(a)

a Chairperson, who shall be a Judicial Member of the Commission;

(b)

one Member, who shall be a Technical Member of the Commission;

(c)

one Member, who shall be a retired Judge of a High Court nominated by the Chairperson of the Commission;

(d)

one Member, who is a Secretary to the Government of India nominated by the Central Government:

Provided that in case of appointment to the post of Members of the State Administrative Tribunals, the Chief Secretary to the State Government concerned shall be the Member;

(e)

two Members, who are experts empanelled under section 15 who carried out the assessment of the suitability of candidates; and

(f)

one Member Secretary, who shall be the Secretary to the Commission.

(4)

The Chairperson of the Search-cum-Selection Committee shall have the casting vote.

(5)

The Member Secretary and the expert Members shall not have any vote.

(6)

The Search-cum-Selection Committee, after the selection process, shall forward its recommendation to the Central Government through the Secretariat.

(7)

No act or proceeding of a Search-cum-Selection Committee shall be invalid merely by reason of any vacancy in, or any defect in the constitution of, the Committee.