Section 409 — Qualification of President and Members of Tribunal
(1) The President shall be a person who
is or has been a Judge of a High Court for five years.
(2) A person shall not be qualified for appointment as a Judicial Member unless he—
(a) is, or has been, a judge of a High Court; or
(b) is, or has been, a District Judge for at least five years; or
(c) has, for at least ten years been an advocate of a court.
Explanation.—For the purposes of clause (c), in computing the period during which a person has
been an advocate of a court, there shall be included any period during which the person has held judicial
office or the office of a member of a tribunal or any post, under the Union or a State, requiring special
knowledge of law after he become an advocate.
(3) A person shall not be qualified for appointment as a Technical Member unless he—
(a) has, for at least fifteen years been a member of the Indian Corporate Law Service or Indian
Legal Service 1[and has been holding the rank of Secretary or Additional Secretary to the Government
of India]; or
(b) is, or has been, in practice as a chartered accountant for at least fifteen years; or
(c) is, or has been, in practice as a cost accountant for at least fifteen years; or
(d) is, or has been, in practice as a company secretary for at least fifteen years; or
2[(e) is a person of proven ability, integrity and standing having special knowledge and professional experience
of not less than fifteen years in industrial finance, industrial management, industrial reconstruction, investment
and accountancy.]
(f) is, or has been, for at least five years, a presiding officer of a Labour Court, Tribunal or National
Related sections
- Section 407 — Definitions
- Section 408 — Constitution of National Company Law Tribunal
- Section 410 — Constitution of Appellate Tribunal
- Section 411 — Qualifications of chairperson and Members of Appellate Tribunal
- Section 412 — Selection of Members of Tribunal and Appellate Tribunal
- Section 413 — Term of office of President, chairperson and other Members
- Section 414 — Sal ary, allowances and other terms and conditions of service of Members
- Section 415 — Acting President and Chairperson of Tribunal or Appellate Tribunal
- Section 416 — Resignation of Members
- Section 417 — Removal of Members
- Section 418 — Staff of Tribunal and Appellate Tribunal
- Section 419 — Benches of Tribunal
- Section 420 — Orders of Tribunal
- Section 421 — Appeal from orders of Tribunal
- Section 422 — Expeditious disposal by Tribunal and Appellate Tribunal
- Section 423 — Appeal to Supreme Court
- Section 424 — Procedure before Tribunal and Appellate Tribunal
- Section 425 — Power to punish for contempt
- Section 426 — Delegation of powers
- Section 427 — President, Members, officers, etc., to be public servants
- Section 428 — Protection of action taken in good faith
- Section 429 — Power to seek assistance of Chief Metropolitan Magistrate, etc
- Section 430 — Civil court not to have jurisdiction
- Section 431 — Vacancy in Tribunal or Appellate Tribunal not to invalidate acts or proceedings
- Section 432 — Right to legal rep resentation
- Section 433 — Limitation