409Qualification of President and Members of Tribuna
(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 Tribunal constituted under the Industrial Disputes Act, 1947 (14 of 1947).
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1. Subs. by Act 1 of 2018, s. 82, for "out of which at least three years shall be in the pay scale of Joint Secretary to the Government of India or equivalent or above in that service" (w.e.f 9-2-2018).
2. Subs. by s. 82, ibid., for clause (e) (w.e.f. 9-2-2018).
- 407 Definition
- 408 Constitution of National Company Law Tribunal
- 409 Qualification of President and Members of Tribuna
- 410 Constitution of Appellate Tribunal
- 411 Qualifications of Chairperson and members of Appellate Tribunal
- 412 Selection of Members of Tribunal and Appellate Tribunal
- 413 Term of office of President, Chairperson and other Member
- 414 Salary, allowances and other terms and conditions of service of Members
- 415 Acting President and Chairperson of Tribunal or Appellate Tribunal
- 416 Resignation of Members
- 417 Removal of Members
- 417A Qualifications, terms and conditions of service of Chairperson and Member
- 418 Staff of Tribunal and Appellate Tribuna
- 419 Benches of Tribunal
- 420 Orders of Tribunal
- 421 Appeal from orders of Tribuna
- 422 Expeditious disposal by Tribunal and Appellate Tribuna
- 423 Appeal to Supreme Court
- 424 Procedure before Tribunal and Appellate Tribunal
- 425 Power to punish for contempt
- 426 Delegation of power
- 427 President, Members, officers, etc., to be public servant
- 428 Protection of action taken in good faith
- 429 Power to seek assistance of Chief Metropolitan Magistrate, etc
- 430 Civil court not to have jurisdiction
- 431 Vacancy in Tribunal or Appellate Tribunal not to invalidate acts or proceedings
- 432 Right to legal representation
- 433 Limitation
- 434 Transfer of certain pending proceeding