Qualifications, appointment, term and conditions of service, salary and allowances, etc., of Chairperson, Vice-Chairperson and Members, etc., of the Tribunal, Appellate Tribunal and other Authorities.
184. (1) The Central Government may, by notification, make rules to provide for qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the Chairperson, Vice-Chairperson, Chairman, Vice-Chairman, President, Vice-President, Presiding Officer or Member of the Tribunal, Appellate Tribunal or, as the case may be, other Authorities as specified in column (2) of the Eighth other Schedule:
Provided that the Chairperson, Vice-Chairperson, Chairman, Vice-Chairman, President, Vice-President, Presiding Officer or Member of the Tribunal, Appellate Tribunal or other Authority shall hold office for such term as specified in the rules made by the Central Government but not exceeding five years from the date on which he enters upon his office and shall be eligible for reappointment:
Provided further that no Chairperson, Vice-Chairperson, Chairman, Vice-Chairman, President, Vice-President, Presiding Officer or Member shall hold office as such after he has attained such age as specified in the rules made by the Central Government which shall not exceed,—
| (a) | in the case of Chairperson, Chairman, President or the Presiding Officer of the Securities Appellate Tribunal , the age of seventy years; | |
| (b) | in the case of Vice-Chairperson, Vice-Chairman, Vice-President, Presiding Debts Recovery Tribunal or any other Member, the age of sixty-seven years: |
(2) Neither the salary and allowances nor the other terms and conditions of service of Chairperson, Vice-Chairperson, Chairman, Vice-Chairman, President, Vice-President, Presiding Officer or Member of the Tribunal, Appellate Tribunal or, as the case may be, other Authority may be varied to his disadvantage after his appointment.
","words":281,"text_source":"published"},"classification":[],"instruments":[],"judgments":[{"cnr":"SCIN010263042021","order":"order-11.pdf","title":"The Secretary Ministry of Consumer Affairs vs Dr. Mahindra Bhaskar Limaye","court":"SC","court_name":"Supreme Court of India","date":"2023-03-03","citation":"(2023) 3 SCC 1","precedential_value":"Binding (SC)","court_marking":"reportable","ratio_decidendi":"Rules 3(2)(b), 4(2)(c), and 6(9) of the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of President and Members of State Commission and District Commission) Rules, 2020 are unconstitutional, arbitrary, and violative of Article 14 of the Constitution of India because they: (1) grant uncontrolled discretion to Selection Committee without objective criteria; (2) prescribe disproportionate experience requirements exceeding those for judicial appointments; (3) remove written examination requirement previously mandated by Supreme Court without justification; and (4) fail to ensure merit-based, transparent selection of quasi-judicial members who exercise judicial powers. Pending amendment of Rules, persons with 10 years experience in relevant fields shall be treated as qualified, and appointments shall be made on basis of written test (200 marks) and viva voce (50 marks).","applied_to_this_section":"Cited as example of impermissible legislative override when 50 years minimum age requirement was struck down as violating separation of powers doctrine.","basis":"cited","decided_under":null,"url":"https://ecourtsindia.com/cnr/SCIN010263042021/order-11"}],"corresponds_to":[],"url":"https://indiacode.ecourtsindia.com/finance-act-2017/section/184/","note":null,"source_note":"Harvested from the Income Tax Department's own portal at incometaxindia.gov.in, which publishes the Finance Acts section by section. India Code carries none of them: its Central community holds the Acts that stand as general law, and a Finance Act is an amending and rate-fixing instrument.","judgments_note":"Judgment holdings are the ratio decidendi as extracted from the order by eCourts India, reproduced unaltered. Reported judgments only.","licence":"Published with commentary and other original matter under s.52(1)(q)(ii), Copyright Act 1957."}