Lawgist5Qualifications for appointment as Chairman, Vice-Chairman or other Member
(1) A person shall not be qualified for appointment as the Chairman unless he--
(a) is, or has been, a Judge of a High Court; or
(b) has, for at least two years, held the office of a Vice-Chairman.
(2) A person shall not be qualified for appointment as the Vice-Chairman unless he--
(a) is, or has been, or is qualified to be, a Judge of a High Court; or
(b) has been a member of the Indian Legal Service and has held a post in Grade I of that Service or any higher post for at least five years; or
(c) has, for at least five years, held a civil judicial post carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India; or
(d) has, for at least five years, held a post under a railway administration carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India and has adequate knowledge of rules and procedure of, and experience in, claims and commercial matters relating to railways; or
(e) has, for a period of not less than three years, held office as a Judicial Member or a Technical Member.
(3) A person shall not be qualified for appointment as a Judicial Member unless he--
(a) is, or has been, or is qualified to be, a Judge of a High Court; or
(b) has been a Member of the Indian Legal Service and has held a post in Grade I of that Service for at least three years; or
(c) has, for at least three years, held a civil judicial post carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India.
(4) A person shall not be qualified for appointment as a Technical Member unless he has, for at least three years, held a post under a railway administration carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India and has adequate knowledge of rules and procedure of, and experience in, claims and commercial matters relating to railways.
(5) Subject to the provisions of sub-section (6), the Chairman, Vice-Chairman and every other Member shall be appointed by the President.
(6) No appointment of a person as the Chairman shall be made except after consultation with the Chief Justice of India.
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- 1 Short title, extent and commencement
- 2 Definitions
- 3 Establishment of Railway Claims Tribunal
- 4 Composition of Claims Tribunal and Benches thereof
- 5 Qualifications for appointment as Chairman, Vice-Chairman or other Member
- 6 Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances
- 7 Term of office
- 8 Resignation and removal
- 9 Salaries and allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members
- 9A Qualifications, terms and conditions of service of Chairman, Vice-Chairman and Membe
- 10 Provision as to the holding of offices by Chairman, Vice-Chairman, etc., on ceasing to be such Chairman or Vice-Chairman, etc
- 11 Financial and administrative powers of Chairman
- 12 Staff of Claims Tribunal
- 13 Jurisdiction, powers and authority of Claims Tribunal
- 14 Distribution of business amongst Benches
- 15 Bar of jurisdiction
- 16 Application to Claims Tribunal
- 17 Limitation
- 18 Procedure and powers of Claims Tribunal
- 19 Right to legal representation and presenting officers
- 20 Power of Chairman to transfer cases from one Bench to another
- 21 Decision to be by majority
- 22 Execution of orders of Claims Tribunal
- 23 Appeals
- 24 Transfer of pending cases
- 25 Proceedings before Claims Tribunal to be judicial proceedings
- 26 Members and staff of Claims Tribunal to be public servants
- 27 Protection of action taken in good faith
- 28 Act to have overriding effect
- 29 Power to remove difficulties
- 30 Power to make rules
- 30A Power to make rules retrospectively
