This notification introduces amendments to the Administrative Tribunals (Procedure for appointment of Members) Rules, 2011, effective from their publication in the Official Gazette. Key changes include stipulating consultation with the Chief Justice of India for the selection of State Administrative Tribunal members, ensuring recommendations from the Selection Committee are presented to the Chief Justice. The rules also detail the process for extending the term of appointment for members of both the Central and State Administrative Tribunals. For the Central Tribunal, the Chairman recommends extensions to the Central Government, with the Selection Committee and Chief Justice of India’s input being crucial. For State Tribunals, the Chairman recommends to the State Government, involving the Selection Committee and the concerned Governor, with final approval potentially requiring Central Government and Chief Justice of India consultation.
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MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training) NOTIFICATION
New Delhi, the 21st March, 2014
G.S.R. 205(E).-In exercise of the powers conferred by clause (c) of section 36 of the Administrative Tribunals Act, 1985 (13 of 1985), the Central Government hereby makes the following rules further to amend the Administrative Tribunals (Procedure for appointment of Members) Rules, 2011, namely:-
- (1) These rules may be called the Administrative Tribunals (Procedure for appointment of Members) Amendment Rules, 2014.
(2) They shall come into force on the date of their publication in the Official Gazette. - In the Administrative Tribunals (Procedure for appointment of Members) Rules, 2011 (hereinafter referred to as the said rules), in rule 7, after sub-rule (1), the following sub-rule shall be inserted, namely:-
“(1A) For selection of a Member of the State Administrative Tribunal, the Chief Justice of India shall be consulted in accordance with the provisions of sub-section (4) of section 6 and the recommendations of the Selection Committee referred to in sub-rule (2) of rule 3 shall accordingly be placed before him for his views”. - In the said rules, after rule 8 , the following rules shall be inserted, namely:-
“9. Extension of term of appointment of Member of the Central Administrative Tribunal.-(1) The Chairman of the Central Administrative Tribunal may recommend the names of the Members with justification for extension of their term of appointment to the Central Government in accordance with the provisions of sub-section (2) of section 8.
(2) The proposal of the Chairman of the Tribunal shall be placed before the Selection Committee referred to in sub-rule (1) of rule 3 and the Selection Committee may make recommendations for extension of term of appointment of such Members to the Central Government.
(3) The Chief Justice of India shall be consulted in accordance with the provisions of sub-section (3) of section 6 and the recommendation of the Selection Committee referred to in sub rule (1) of rule 3 shall accordingly be placed before him for his views.
(4) The recommendations of the Selection Committee, together with the views of the Chief Justice of India shall be submitted to the competent authority for orders. - Extension of term of appointment of Member of the State Administrative Tribunal.-(1) The Chairman of the State Administrative Tribunal may recommend the names of the Members with justification for extension of their term of appointment to the concerned State Government in accordance with the provisions of sub-section (2) of section 8.
(2) The proposal of the Chairman of the Tribunal shall be placed before the Selection Committee referred to in sub-rule (2) of rule 3 and the Selection Committee may make recommendations for extension of term of appointment of such Members to the State Government concerned.
(3) The Governor of the concerned State shall be consulted by the State Government and for this purpose the recommendation of the Selection Committee referred to in sub-rule (2) of rule 3 shall be placed before him.
(4) After consulting the concerned Governor under sub-rule (3), the recommendations of the Selection Committee together with the views of the Governor shall be forwarded to the Central Government and that Government after consulting the Chief Justice of India, shall seek the orders of the competent authorities”.
[No. A-11013/17/2012-AT] ARCHANA VARMA, Jt. Secy.
Foot Note.-The principal rules were published in the Gazette of India vide notification number G.S.R. 923(E), dated the 30th December, 2011.