National Environment Tribunal Act,1995
Act No : 27
Section :
Qualifications for appointment as Chairperson, Vice-Chairperson orother Member.
10. Qualifications for appointment as Chairperson, Vice- Chairperson or other Member. (1) A person shall not be qualified for appointment as the Chairperson unless he.- (a) is, or has been, a Judge of the Supreme Court or a High Court; or (b) has, for at last two year", held the office of Vice- Chairperson. (2) A person shell not be qualified for appointment as the Vice- Chairperson unless he- (a) is, or has been, a Judge of a High Court; or (b) has, for at least two years, held the post of a Secretary to the Government of India or any other post under the Central or a State Government carrying a scale of pay which is not less then that of a Secretary to the Government of India; or (c) (i) has, for at least five years, held the post of an Additional Secretary to the Government of India or any other post under the Central or a State Government carrying a scale of pay which is not less than that of an Additional Secretary to the Government of India; and (ii) has adequate, knowledge of, or experience in, legal, administrative, scientific or technical aspects of the problems relating to environment; or (d) has for at least three years, held office as a Judicial Member or a Technical Member, 8 (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. (4) A person shall not be qualified for appointment as a Technical Member unless he has adequate knowledge of, or experience in, or capacity to deal with, administrative, scientific or technical aspects of the problems relating to environment. (5) Subject to the provisions of subsections (6) and (7), the Chairperson, Vice-Chairperson and every other Member of the Tribunal shall be appointed by the President. (6) No appointment of a person possessing the qualifications specified in this section as the Chairperson or the Vice-Chairperson shall be made except after consultation with the Chief Justice of India. (7) No appointment of a person as a Judicial Member or a Technical Member shall be made except on the recommendation of a Selection Committee appointed by the Central Government consisting of the following, namely:- (a) Chairperson of the Tribu- Chairperson of the Committee, ex nal. officio; (b) Secretary to the Govern- member, ex Officio; ment of India in the Min- istry of Environment and Forests (c) Secretary to the Govern- member, ex Officio; ment of India in the Min- istry of Law, justice and company Affairs (Dep- artment of Legal Affairs) (d) Director-General, Council member, ex officio; of Scientific and Indus- trial Research. (e) an Environmentalist to be member. nominated by the central Government
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