"(5) Notwithstanding anything contained in the foregoing provisions of this section, or sub-section (1) of section 5, the Central Government may,— 9
(a) with the concurrence of any State Government, designate, by notification, all or any of the Members of the Bench or Benches of the State Administrative Tribunal established for that State under sub-section (2) as Members of the Bench or Benches of the Central Administrative Tribunal in respect of that State and the same shall exercise the -jurisdiction, powers and authority of the Central Administrative Tribunal by or under this Act;
(b) on receipt of a request in this behalf from any State Government designate, b v notification, all or any of the Members of the Bench or Benches of the Central Administrative Tribunal functioning in lhat State a-s thr Members of the fenrh or Benches of the State Administrative Tribunal for thwt State Amend, ment of section 4.
21 of 1B60 SEC. 1] THE GA2EITE OF IIIDJA EXTRAORDINARY 3 and the same shall exercise the jurisdiction, powers and authority of the State Administrative Tribunal as if established by or under this Act for that State, and upon such designation, the Bench or Benches of the State Administrative Tribunal or, as the case may be, the Bench or Benches of the Central Administrative Tribunal shall be deemed, in all respects, to be the Central Administrative Tribunal, or the State Administrative Tribunal for that State established under the provisions of article 323A of the Constitution and this Act.
(6) Every notification under sub-section (5) shall also provide for the apportionment between the State concerned and the Central Government of the expenditure in connection with the Members common to the. Central Administrative Tribunal and State Administrative Tribunal and such other incidental and consequential provisions not inconsistent with this Act as may be deemed necessary or expedient."1.
6. In section 5 of the principal Act,—
(a) in sub-section (1), for the words "and other Members", the words "and Judicial and Administrative Members" shall be substituted;
(b) for sub-sec tioa (2), the following sub-section shall be substituted, namely.-- "(2) Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and one Administrative Member.";
(c) sub-sec Lion (3) shall be omitted;
(d) in sub-section (4),—
(i) in the opening portion, the words, brackets and figure "or sub-section (3)" shall be omitted;
(ii) for clause (a), the following clause shall be substituted, namely: — " (a) may, in addition to discharging the functions of the Judicial Membei ot the Administrative Member of the Bench to which he is appointed, discharge the functions of the Judicial Member or, as the case may be, the Administrative Member, of any other Bench;";
(iii) in clause (e), for the word3 "the Vice-Chairman or, as the case may be, other Member of another Bench" the words "the Judicial Member or the Administrative Member, as the case may be, of another Bench" shall be substituted;
(iv) in clause (d),—
(1) for the words "three ' Members", the words "two Members" shall be substituted;
(2) the following proviso shall be inserted at the end, namely: — "Provided that every Bench constituted in pursuance of this clause shall include at least one Judicial Member and one Administrative Member,";
Amend, ment of section 5.
4 THE GAZETTE OF lNt>IA EXTRAORDINARY [PART l i - te) sub-section (5) shall be omitted; , (/) in sub-section (6),— •
(i) in the opening paragraph, for the words "an additional Bench", the words "a Bench" shall be substituted;
(ii) in the proviso, for the words "three Members", the words "two Members" shall be substituted;
(fif) in sub-section (7), the words "principal Bench and other" shall be omitted.
7. In section 6 of the principal Act,—
(a) in sub-section (2),—
(i) after clause (t>), the following clause shall be inserted, namely: — "(bb) has, for at least five years, held the post of an Additional Secretary to the Government of India or1 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; or";
(ii) jin clause (c), for the words "a Member", the words "a Judicial Member or an Administrative Member" shall be substituted;
(b) for subjection (3), the following aub-sectlons shall be substituted, hamely: — "(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.
(3 A) A person shall not be qualified for appointment aa an Administrative Member unless—
(a) has, for at least two 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; or
(b) has, for at least three years, held the post of a Joint 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 a Joint Secretary to the Government of India, and shall, in either case, have adequate administrative experience.";
Amendment nf section fl.
SKC 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
(c) in,sub-section (4) and (5), for the words "The Chairman", the words, brackets and figure "Subject to the provisions of subsection (7), the Chairman1' shall be substituted;
(d) in sub-section (6), alter the words, brackets and figures "under sub-section (3) of section 4", the words, brackets and figure "and subject to the provisions of sub-section (7)" shall be inserted;
(e) after sub-section (6), the following sub-section shall be inserted, namely: — "(7) No appointment of a person possessing the qualifications specified in sub-section (3) as the Chairman, a Vice-Chairman or a Judicial Member shall be made except after consultation with the Chief Justice of India.".
8. In section H of the principal Act, in the Explanation, after the words "any corporation", the words "or socioty" shall be inserted.
9. In section 12 of the principal Act,—
(a) in the opening paragraph, the words "principal Bench and each of the additional" shall be omitted;
(b) in the proviso, for the words "the Vice-Chairman, subject to the condition that the Vice-Chairman", the words "the Vice- Chairman or any officer of the Tribunal, subject to the condition that the Vice-Chairman or such officer" shall be substituted.