Section 409:
Qualification of President and Members of Tribunal
(1) The President shall be a person
who is or has been a Judge of a High Court for five years.
(2) A person shall not be qualified for appointment as a Judicial Member unless he--
(a) is, or has been, a judge of a High Court; or
(b) is, or has been, a District Judge for at least five years; or
(c) has, for at least ten years been an advocate of a court.
Explanation.--For the purposes of clause (c), in computing the period during which a person has
been an advocate of a court, there shall be included any period during which the person has held
judicial office or the office of a member of a tribunal or any post, under the Union or a State,
requiring special knowledge of law after he become an advocate.
(3) A person shall not be qualified for appointment as a Technical Member unless he--
(a) has, for at least fifteen years been a member of the Indian Corporate Law Service or Indian
Legal Service 1[and has been holding the rank of Secretary or Additional Secretary to the Government
of India]; or
(b) is, or has been, in practice as a chartered accountant for at least fifteen years; or
(c) is, or has been, in practice as a cost accountant for at least fifteen years; or
(d) is, or has been, in practice as a company secretary for at least fifteen years; or
2[(e) is a person of proven ability, integrity and standing having special knowledge and professional experience
of not less than fifteen years in industrial finance, industrial management, industrial reconstruction, investment
and accountancy.]
(f) is, or has been, for at least five years, a presiding officer of a Labour Court, Tribunal or
National Tribunal constituted under the Industrial Disputes Act, 1947 (14 of 1947).
Notes:
1. Subs. by Act 1 of 2018, s. 82, for "out of which at least three years shall be in the pay scale of Joint Secretary to the
Government of India or equivalent or above in that service" (w.e.f 9-2-2018).
2. Subs. by s. 82, ibid., for clause (e) (w.e.f. 9-2-2018).