Lok Sabha Question No. 333 (STARRED), answered on 2017-08-09
Subject: Vacant Posts of Chairman/Members
Ministry: LAW AND JUSTICE
Asked by: HARIOM SINGH RATHORE

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF LEGAL AFFAIRS

## LOK SABHA

## STARRED QUESTION NO.333 TO BE ANSWERED ON 9/8/2017

## Vacant posts of Chairman/Members

- +*333. SHRI HARIOM SINGH RATHORE:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether  several  posts  of  Chairman  and  Members  in  various  Judicial,  SemiJudicial  and  Administrative  Tribunals/Commissions  etc.  are  lying  vacant  in  the country;
- (b) if so, the details thereof and the reasons therefor;
- (c) whether the Government has received any recommendation from the authorities concerned for filling up these vacant posts;
- (d) if so, the details thereof and the steps taken by the Government in this regard; and
- (e) the details of such appointments made during the last three years?

## ANSWER

## MINSTER OF LAW AND JUSTICE & ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) to (e):

- A statement is laid on the Table of the House.

Statement referred to in reply to parts (a) to (e) of the Starred Question No.333 for answer in the Lok Sabha on 09.08.2017.

(a) to (e): Tribunals/Commissions  etc.,  functioning  under  the  Government  of  India  are administered by the various Ministries/Departments as per the subject allocated to them under the Government of India (Allocation of Business) Rules, 1961.  At present, the Department of Legal  Affairs  is  administering  the  Income  Tax  Appellate  Tribunal  (ITAT).    The  information pertaining to ITAT in respect of parts (a) to (e) of the question is as follows:

| S. No.   | Question No.   | Reply                                                                                                                                                                                                                                                                                                            | Reply                                                                                                                                                                                                                                                                                                            | Reply                                                                                                                                                                                                                                                                                                            | Reply                                                                                                                                                                                                                                                                                                            |
|----------|----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 1.       | (a)            | Yes Sir.                                                                                                                                                                                                                                                                                                         | Yes Sir.                                                                                                                                                                                                                                                                                                         | Yes Sir.                                                                                                                                                                                                                                                                                                         | Yes Sir.                                                                                                                                                                                                                                                                                                         |
| 2.       | (b)            | The post of President, five posts of Vice President and 23 Members (Judicial/Accountant) are lying vacant in the Income Tax Appellate Tribunal (ITAT). Due to retirements/resignations, these vacancies have occurred. Occurrence of vacancies and filling up the posts are ongoing and continuous process.      | The post of President, five posts of Vice President and 23 Members (Judicial/Accountant) are lying vacant in the Income Tax Appellate Tribunal (ITAT). Due to retirements/resignations, these vacancies have occurred. Occurrence of vacancies and filling up the posts are ongoing and continuous process.      | The post of President, five posts of Vice President and 23 Members (Judicial/Accountant) are lying vacant in the Income Tax Appellate Tribunal (ITAT). Due to retirements/resignations, these vacancies have occurred. Occurrence of vacancies and filling up the posts are ongoing and continuous process.      | The post of President, five posts of Vice President and 23 Members (Judicial/Accountant) are lying vacant in the Income Tax Appellate Tribunal (ITAT). Due to retirements/resignations, these vacancies have occurred. Occurrence of vacancies and filling up the posts are ongoing and continuous process.      |
| 3.       | (c) &(d)       | The Selection Committee, constituted under Rule 7 of 'the Income-tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1963', has submitted its recommendation for appointment of President, ITAT. Necessary steps are being taken to fill up post of President, ITAT, on regular basis. | The Selection Committee, constituted under Rule 7 of 'the Income-tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1963', has submitted its recommendation for appointment of President, ITAT. Necessary steps are being taken to fill up post of President, ITAT, on regular basis. | The Selection Committee, constituted under Rule 7 of 'the Income-tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1963', has submitted its recommendation for appointment of President, ITAT. Necessary steps are being taken to fill up post of President, ITAT, on regular basis. | The Selection Committee, constituted under Rule 7 of 'the Income-tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1963', has submitted its recommendation for appointment of President, ITAT. Necessary steps are being taken to fill up post of President, ITAT, on regular basis. |
| 4.       | (e)            | The details of the appointment made over last three years in ITAT are as under:-                                                                                                                                                                                                                                 | The details of the appointment made over last three years in ITAT are as under:-                                                                                                                                                                                                                                 | The details of the appointment made over last three years in ITAT are as under:-                                                                                                                                                                                                                                 | The details of the appointment made over last three years in ITAT are as under:-                                                                                                                                                                                                                                 |
|          |                |                                                                                                                                                                                                                                                                                                                  | No. of appointments made in year                                                                                                                                                                                                                                                                                 | No. of appointments made in year                                                                                                                                                                                                                                                                                 | No. of appointments made in year                                                                                                                                                                                                                                                                                 |
|          |                |                                                                                                                                                                                                                                                                                                                  | 2015                                                                                                                                                                                                                                                                                                             | 2016                                                                                                                                                                                                                                                                                                             | 2017                                                                                                                                                                                                                                                                                                             |
|          |                |                                                                                                                                                                                                                                                                                                                  | 1                                                                                                                                                                                                                                                                                                                | Nil                                                                                                                                                                                                                                                                                                              | Nil                                                                                                                                                                                                                                                                                                              |
|          |                |                                                                                                                                                                                                                                                                                                                  | Nil                                                                                                                                                                                                                                                                                                              | Nil                                                                                                                                                                                                                                                                                                              | 4                                                                                                                                                                                                                                                                                                                |
|          |                |                                                                                                                                                                                                                                                                                                                  | 33                                                                                                                                                                                                                                                                                                               | 11                                                                                                                                                                                                                                                                                                               | 1                                                                                                                                                                                                                                                                                                                |

As regards information pertaining to the other Tribunals/Commissions etc., functioning under other Ministries/Departments, the requisite information from the respective Ministries/Departments is being collected and as soon as the same is received, will be laid on the Table of the House.