Section 5:
Qualifications for appointment of Chairperson, Judicial Member and Expert Member.
(1) A person shall not be qualified for appointment as the Chairperson or Judicial Member of the Tribunal
unless he is, or has been, a Judge of the Supreme Court of India or Chief Justice of a High Court:
Provided that a person who is or has been a Judge of the High Court shall also be qualified to be
appointed as a Judicial Member.
(2) A person shall not be qualified for appointment as an Expert Member, unless he,--
(a) has a degree in Master of Science (in physical sciences or life sciences) with a Doctorate
degree or Master of Engineering or Master of Technology and has an experience of fifteen years in
the relevant field including five years practical experience in the field of environment and forests
(including pollution control, hazardous substance management, environment impact assessment,
climate change management, biological diversity management and forest conservation) in a reputed
National level institution; or
(b) has administrative experience of fifteen years including experience of five years in dealing
with environmental matters in the Central or a State Government or in a reputed National or State
level institution.
(3) The Chairperson, Judicial Member and Expert Member of the Tribunal shall not hold any other
office during their tenure as such.
(4) The Chairperson and other Judicial and Expert Members shall not, for a period of two years from
the date on which they cease to hold office, accept any employment in, or connected with the
management or administration of, any person who has been a party to a proceeding before the Tribunal
under this Act:
Provided that nothing contained in this section shall apply to any employment under the Central
Government or a State Government or local authority or in any statutory authority or any corporation
established by or under any Central, State or Provincial Act or a Government company as defined in
section 617 of the Companies Act, 1956 (1 of 1956).