Section 7 of The Administrative Tribunals Act, 1985
- (1)In the event of the occurrance of any vacancy in the office of the Chairman by reason of his death, resignation or otherwise, 1[such one of the Members] as the appropriate Government may, by notification, authorise in this behalf, shall act as the Chairman until the date on which a new Chairman, appointed in accordance with the provisions of this Act to fill such vacancy enters upon his office.
- (2)When the Chairman is unable to discharge his functions owing to absence, illness or any other cause, the Vice-Chairman or, as the case may be, such one of the Vice-Chairmen as the appropriate Government may, by notification, authorise in this behalf, shall discharge the functions of the Chairman until the date on which the Chairman resumes his duties.
Summary
- If the Chairman position becomes empty due to death or resignation, a Member takes over temporarily.
- The government must officially notify which Member is authorized to act as the Chairman.
- This temporary Chairman stays in the role until a permanent one is appointed and starts work.
- If the Chairman is just away or sick, a Vice-Chairman is chosen to handle the duties.
- The government uses a notification to authorize the specific Vice-Chairman for this temporary period.
- The Vice-Chairman stops acting as Chairman once the actual Chairman returns to their duties.
Practical examples
FAQ
1. Who takes over if a Chairman dies?
A Member of the Tribunal who is authorized by the government through an official notification.
2. Can any Member automatically become the acting Chairman?
No, the government must specifically name and authorize them in a notification.
3. What happens if there are multiple Vice-Chairmen when the Chairman is sick?
The government will notify which specific Vice-Chairman is authorized to discharge the functions.
4. Does an acting Chairman stay in the job forever?
No, they only stay until a new Chairman is appointed or the original Chairman returns from leave.
Test yourself
Q1.Under Section 7 of The Administrative Tribunals Act, 1985, what is required for a Member to act as Chairman during a vacancy?
Q2.Under Section 7 of The Administrative Tribunals Act, 1985, who is specifically named to discharge functions when the Chairman is unable to work due to illness?
Q3.Under Section 7 of The Administrative Tribunals Act, 1985, how long does a Member act as Chairman if the previous one resigned?
Q4.Under Section 7 of The Administrative Tribunals Act, 1985, what causes a Chairman to be "unable to discharge his functions"?