TRIBUNALS REFORMS ACT, 2021
[Act No. 33 of 2021]
[13th August, 2021]
An Act further to amend the Cinematograph Act, 1952, the Customs Act, 1962, the Airports Authority of India Act, 1994, the Trade Marks Act, 1999 and the Protection of Plant Varieties and Farmers' Rights Act, 2001 and certain other Acts.
Be it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:--
(1) This Act may be called the Tribunals Reforms Act, 2021.
(2) It shall be deemed to have come into force on the 4th April, 2021.
In this Act, unless the context otherwise requires,--
(a) "Chairperson" includes Chairperson, Chairman, President and Presiding Officer of a Tribunal;
(b) "Member" includes Vice-Chairman, Vice-Chairperson, Vice-President, Account Member, Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member and Technical Member of a Tribunal;
(c) "notified date" means the 4th April, 2021;
(d) "Schedule" means the Schedule appended to this Act;
(e) "Tribunal" means a Tribunal, Appellate Tribunal or Authority as specified in column (2) of the First Schedule.
(1) Notwithstanding anything contained in any judgment, order or decree of any court, or in any law for the time being in force, the Central Government may, by notification in the Official Gazette, make rules to provide for the qualifications, appointment, salaries and allowances, resignation, removal and other conditions of service of the Chairperson and Member of a Tribunal after taking into consideration the experience, specialisation in the relevant field and the provisions of this Act:
Provided that a person who has not completed the age of fifty years shall not be eligible for appointment as a Chairperson or Member.
(2) The Chairperson and the Member of a Tribunal shall be appointed by the Central Government on the recommendation of a Search-cum-Selection Committee constituted under sub-section (3), in such manner as the Ce
The Central Government shall, on the recommendation of the Committee, remove from office, in such manner as may be provided by rules, any Chairperson or a Member, who--
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence which involves moral turpitude; or
(c) has become physically or mentally incapable of acting as such Chairperson or Member; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as such Chairperson or Member; or
(e) has so abused his position as to render his continuance in office prejudicial to the public interest:
Provided that where the Chairperson or Member is
Section 4 of the Tribunals Reforms Act, 2021, deals with the grounds and procedures for the removal of Chairpersons and Members of Tribunals. It is a critical provision that influences the independence and accountability of tribunal members, which are essential for the fair functioning of quasi-judicial bodies.
Section 4 empowers the Central Government to remove a Chairperson or Member of a Tribunal based on specified grounds, typically on the recommendation of a selection committee or other prescribed authority. The section delineates the process and criteria for such removal, emphasizing the authority of the executive in the tenure and service conditions of tribunal members.
The scope includes:- All Chairpersons and Members of Tribunals covered under the Act.- The procedural safeguards and grounds for removal.- The influence of executive discretion in the removal process.- The impact on tribunal independence and judicial review.
Section 4 primarily deals with removal and does not specify criminal punishments. However, wrongful or arbitrary removal may attract judicial scrutiny, and affected parties can challenge such actions before courts, which may award relief or declare the removal invalid if procedural or substantive violations are found.
Note: The analysis is based on the available references, particularly the Supreme Court's decisions and critiques surrounding the constitutional validity of provisions similar to Section 4 of the Tribunals Reforms Act, 2021.
Notwithstanding anything contained in any judgment, order or decree of any court, or in any law for the time being in force,--
(i) the Chairperson of a Tribunal shall hold office for a term of four years or till he attains the age of seventy years, whichever is earlier;
(ii) the Member of a Tribunal shall hold office for a term of four years or till he attains the age of sixty-seven years, whichever is earlier:
Provided that where a Chairperson or Member is appointed between the 26th day of May, 2017 and the notified date, and the term of his office or the age of retirement specified in the order of appointment issued by the Central Government is greater than that which is specified in this section, then, notwithstanding anything contained in this section, the term of office or age of r
(1) The Chairperson and Member of a Tribunal shall be eligible for re-appointment in accordance with the provisions of this Act:
Provided that, in making such re-appointment, preference shall be given to the service rendered by such person.
(2) All re-appointments shall be made in the same manner as provided in sub-section (2) of section 3.
(1) Notwithstanding anything contained in any judgment, order or decree of any court, or in any law for the time being in force, and without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for the salary of the Chairperson and Member of a Tribunal and they shall be paid allowances and benefits to the extent as are admissible to a Central Government officer holding the post carrying the same pay:
Provided that, if the Chairperson or Member takes a house on rent, he may be reimbursed a house rent higher than the house rent allowance as are admissible to a Central Government officer holding the post carrying the same pay, subject to such limitations and conditions as may be provided by rules.
(2) Neither the salary and allowances nor the other terms and conditions of service of th
In section 7D of the Industrial Disputes Act, 1947, for the words and figures "Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), be governed by the provisions of the section 184 of that Act", the words and figures "the Tribunal Reforms Act, 2021, be governed by the provisions of Chapter II of the said Act" shall be substituted.
In the Cinematograph Act, 1952,--
(a) in section 2, clause (h) shall be omitted;
(b) in section 5C,--
(i) for the word "Tribunal", at both the places where it occurs, the words "High Court" shall be substituted;
(ii) sub-section (2) shall be omitted;
(c) sections 5D and 5DD shall be omitted;
(d) in section 6, the words and brackets "or, as the case may be, decided by the Tribunal (but not including any proceeding in respect of any matter which is pending before the Tribunal)" shall be omitted;
(e) in sections 7A and 7C, for the word "Tribunal", wherever it occurs, the words "High Court" shall be substituted;
&nb
In the Copyright Act, 1957,--
(a) in section 2,--
(i) clause (aa) shall be omitted;
(ii) clause (fa) shall be re-lettered as clause (faa) and before the clause (faa) as so re-lettered, the following clause shall be inserted, namely:--
'(fa) "Commercial Court", for the purposes of any State, means a Commercial Court constituted under section 3, or the Commercial Division of a High Court constituted under section 4, of the Commercial Courts Act, 2015 (4 of 2016);';
(iii) for clause (u), the following clause shall be substituted, namely:--
'(u) "prescribed" means,--
(i) in relation to proceedings before a High Court,
In section 252A of the Income-tax Act, 1961, for the words and figures "Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act", the words and figures "the Tribunal Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act" shall be substituted.
In the Customs Act, 1962,--
(a) in section 28E, clauses (ba), (f) and (g) shall be omitted;
(b) in section 28EA, the proviso shall be omitted;
(c) in section 28F, sub-section (1) shall be omitted;
(d) in section 28KA,--
(i) in sub-section (1), for the words "Appellate Authority", at both the places where they occur, the words "High Court" shall be substituted;
(ii) sub-section (2) shall be omitted;
(e) in section 28L, the words "or Appellate Authority", wherever they occur, shall be omitted;
(f) in section 28M,--
(i) in the mar
In the Patents Act, 1970,--
(a) in section 2, in sub-section (1),--
(i) clause (a) shall be omitted;
(ii) in clause (u), sub-clause (B) shall be omitted;
(b) in section 52, the words "Appellate Board or", wherever they occur, shall be omitted;
(c) in section 58,--
(i) the words "the Appellate Board or", wherever they occur, shall be omitted;
(ii) the words "as the case may be" shall be omitted;
(d) in section 59, the words "the Appellate Board or" shall be omitted;
(e) in section 64, in sub-section (1), the words "by the Appell
In section 12A of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, for the words and figures "Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act", the words and figures "the Tribunal Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act" shall be substituted.
In section 10B of the Administrative Tribunals Act, 1985, for the words and figures "Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act", the words and figures "the Tribunal Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act" shall be substituted.
In section 9A of the Railway Claims Tribunal Act, 1987, for the words and figures "Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act", the words and figures "the Tribunal Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act" shall be substituted.
In section 15QA of the Securities and Exchange Board of India Act, 1992, for the words and figures "Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act", the words and figures "the Tribunal Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act" shall be substituted.
In the Recovery of Debts and Bankruptcy Act, 1993,--
(a) in section 6A, for the words and figures "Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act", the words and figures "the Tribunal Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act" shall be substituted;
(b) in section 15A, for the words and figures "Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act", the words and figures "the Tribunal Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act" shall be substituted.
In the Airports Authority of India Act, 1994,--
(a) in section 28A, clause (e) shall be omitted;
(b) in section 28E, for the word "Tribunal", at both the places where it occurs, the words "Central Government" shall be substituted;
(c) sections 28-I, 28J and 28JA shall be omitted;
(d) in section 28K,--
(i) in sub-section (1),--
(A) for the words "Tribunal in such form as may be prescribed", the words "High Court" shall be substituted;
(B) in the proviso, for the word "Tribunal", the words "High Court" shall be substituted;
(ii) sub-sections (2), (3), (4) and (5) shall be
In section 14GA of the Telecom Regulatory Authority of India Act, 1997, for the words and figures "Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of section 184 of that Act", the words and figures "the Tribunal Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act" shall be substituted.
In the Trade Marks Act, 1999,--
(a) in section 2, in sub-section (1),--
(i) clauses (a), (d), (f), (k), (n), (ze) and (zf) shall be omitted;
(ii) for clause (s), the following clause shall be substituted, namely:--
'(s) "prescribed" means,--
(i) in relation to proceedings before a High Court, prescribed by rules made by the High Court; and
(ii) in other cases, prescribed by rules made under this Act;';
(b) in section 10, for the word "tribunal", the words "Registrar or the High Court, as the case may be," shall be substituted;
(c) in section 26, for the word "tribunal",
In the Geographical Indications of Goods (Registration and Protection) Act, 1999,--
(a) in section 2, in sub-section (1), clauses (a) and (p) shall be omitted;
(b) in section 19, for the word "tribunal", the words "Registrar or the High Court, as the case may be," shall be substituted;
(c) in section 23, for the words "and before the Appellate Board before which", the words "before whom" shall be substituted;
(d) in section 27,--
(i) for the words "Appellate Board", wherever they occur, the words "High Court" shall be substituted;
(ii) for the word "tribunal", wherever it occurs, the words "Registrar or the High Court, as the case may be," shall be substitu
In the Protection of Plant Varieties and Farmers' Rights Act, 2001,--
(a) in section 2,--
(i) clauses (d), (n) and (o) shall be omitted;
(ii) for clause (q), the following clause shall be substituted, namely:--
'(q) "prescribed" means,--
(i) in relation to proceedings before a High Court, prescribed by rules made by the High Court; and
(ii) in other cases, prescribed by rules made under this Act;';
(iii) clauses (y) and (z) shall be omitted;
(b) in section 44, the words "or the Tribunal" shall be omitted;
(c) in Chapter VIII, f
In the Control of National Highways (Land and Traffic) Act, 2002,--
(a) in section 2,--
(i) clause (a) shall be omitted;
(ii) after clause (d), the following clause shall be inserted, namely:--
'(da) "Court" means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction;';
(iii) clause (l) shall be omitted;
(b) in Chapter II, in the Chapter heading, the words "AND TRIBUNALS, ETC." shall be omitted;
(c) section 5 shall be omitted;
(d) for section 14, the following section shall be
In section 117A of the Electricity Act, 2003, for the words and figures "Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act", the words and figures "the Tribunal Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act" shall be substituted.
In section 9A of the Armed Force Tribunal Act, 2007, for the words and figures "Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act", the words and figures "the Tribunal Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act" shall be substituted.
In section 10A of the National Green Tribunal Act, 2010, for the words and figures "Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of the section 184 of that Act", the words and figures "the Tribunal Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act" shall be substituted.
In section 417A of the Companies Act, 2013, for the words and figures "Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act", the words and figures "the Tribunal Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act" shall be substituted.
In the Finance Act, 2017 (7 of 2017), sections 183 and 184 and the Eighth Schedule shall be omitted.
In section 55 of the Consumer Protection Act, 2019, after sub-section (1), the following sub-section shall be inserted, namely:--
"(1A) Notwithstanding anything contained in sub-section (1), the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the President and other members of the National Commission appointed after the commencement of the Tribunal Reforms Act, 2021, shall be governed by the provisions of the said Act.".
Section 30 of the Tribunals Reforms Act, 2021, pertains to amendments made to the Consumer Protection Act, 2019, as part of the broader reforms aimed at rationalizing and restructuring tribunal functions in India. The section plays a crucial role in defining the qualifications, appointment procedures, tenure, salaries, allowances, resignation, and removal of tribunal members, thereby impacting the governance and operational framework of tribunals under the Act.
Section 30 introduces specific provisions regarding the qualifications, appointment, tenure, salaries, allowances, resignation, and removal of tribunal members, including the Chairperson and other members, emphasizing the role of the Search-cum-Selection Committee in these processes. It stipulates that these aspects shall be governed by rules notified by the central government, ensuring standardized procedures across tribunals.
Section 30 applies to all tribunals established under the Act, particularly focusing on the Chairpersons and Members, including their qualifications, appointment procedures, tenure, and conditions of service, thereby standardizing these parameters across tribunals.
The section itself does not specify penalties or punishments for violations of its provisions. However, breaches related to appointment procedures, qualifications, or misconduct may attract disciplinary or legal actions under applicable rules or laws.
This commentary synthesizes available sources to provide a comprehensive legal analysis of Section 30 of the Tribunals Reforms Act, 2021.
(1) If the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification published in the Official Gazette, amend the Schedule and thereupon, the said Schedule shall be deemed to have been amended accordingly.
(2) A copy of every notification issued under sub-section (1) shall be laid before each House of Parliament as soon as may be after it is issued.
Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(1) Notwithstanding anything contained in any law for the time being in force, any person appointed as the Chairperson or Chairman or President or Presiding Officer or Vice-Chairperson or Vice-Chairman or Vice-President or Member of the Tribunal, Appellate Tribunal, or, as the case may be, other Authorities specified in the Second Schedule and holding office as such immediately before the notified date, shall, on and from the notified date, cease to hold such office, and he shall be entitled to claim compensation not exceeding three months' pay and allowances for the premature termination of term of his office or of any contract of service.
(2) The officers and other employees of the Tribunals, Appellate Tribunals and other Authorities specified in the Second Schedule appointed on deputation, before the notified date, shall, on and from the notified date, stand reverted to
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by general or special order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of three years from the notified date.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
(1) The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 (Ord. 2 of 2021) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Cinematograph Act, 1952 (37 of 1952), the Copyright Act, 1957 (14 of 1957), the Customs Act, 1962 (52 of 1962), the Patents Act, 1970 (39 of 1970), the Airports Authority of India Act, 1994 (55 of 1994), the Trade Marks Act, 1999 (47 of 1999), the Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999), the Protection of Plant Varieties and Farmers' Rights Act, 2001 (53 of 2001) and the Control of National Highways (Land and Traffic) Act, 2002 (13 of 2003), as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of those Acts, as amended by this Act.
[See section 2(e)]
Sl. Tribunal/Appellate |
(See section 33)
1. Appellate Tribunal under Cinematograph Act, 1952 (37 of 1952).
2. Authority for Advance Rulings under Income-tax Act, 1961 (43 of 1961).
3. Airport Appellate Tribunal under Airports Authority of India Act, 1994 (55 of 1994).
4. Intellectual Property Appellate Board under Trade Marks Act, 1999 (47 of 1999).
5. Plant Varieties Protection Appellate Tribunal under Protection of Plant Varieties and Farmers' Rights Act, 2001 (53 of 2001).
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