A Bill 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: —

CHAPTER I

PRELIMINARY

1. (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.

Short title and

commencement.

LOK SABHA

————

The following Bill was introduced in Lok Sabha on 2nd August, 2021:—

BILL NO. 116 OF 2021

vlk/kkj.k

EXTRAORDINARY

Hkkx II — [k.M 2

PART II — Section 2

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PUBLISHED BY AUTHORITY

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No. 19]

NEW DELHI, MONDAY, AUGUST 2, 2021/SHRAVANA 11, 1943 (SAKA)

bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA

Separate paging is given to this Part in order that it may be filed as a separate compilation.

xxxGIDHxxx

xxxGIDExxx

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—21

REGISTERED NO. DL—(N)04/0007/2003—21

सी.जी.-डी.एल.-अ.-05082021-228754

CG-DL-E-05082021-228754

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

2. 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;

(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.

CHAPTER II

CONDITIONS OF SERVICE OF CHAIRPERSON AND MEMBERS OF TRIBUNAL

3. (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 Central Government may, by rules, provide.

(3) The Search-cum-Selection Committee, except for the State Administrative Tribunal,

shall consist of—

(a) a Chairperson, who shall be the Chief Justice of India or a Judge of Supreme

Court nominated by him;

(b) two Members, who are Secretaries to the Government of India to be nominated

by that Government;

(i) in case of appointment of a Chairperson of a Tribunal, shall be the

outgoing Chairperson of that Tribunal; or

(ii) in case of appointment of a Member of a Tribunal, shall be the sitting

Chairperson of that Tribunal; or

(iii) in case of the Chairperson of the Tribunal seeking re-appointment,

shall be a retired Judge of the Supreme Court or a retired Chief Justice of a High

Court, to be nominated by the Chief Justice of India:

Provided that in the following cases, such Member shall always be a

retired Judge of the Supreme Court or a retired Chief Justice of a High Court, to

be nominated by the Chief Justice of India, namely:—

(i) Industrial Tribunal constituted by the Central Government under

the Industrial Disputes Act, 1947;

(ii) Debt Recovery Tribunal and Debt Recovery Appellate Tribunal

established under the Recovery of Debts and Bankruptcy Act, 1993;

(iii) where the Chairperson or the outgoing Chairperson, as the case

may be, of a Tribunal is not a retired Judge of the Supreme Court or a

retired Chief Justice or Judge of a High Court; and

Definitions.

Qualifications,

appointment,

etc., of

Chairperson

and Members

of Tribunal.

14 of 1947.

51 of 1993.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(iv) such other tribunals as may be notified by the Central

Government, in consultation with the Chairperson of the Search-cum-

Selection Committee of that Tribunal; and

(d) the Secretary to the Government of India in the Ministry or Department under

which the Tribunal is constituted or established—Member-Secretary:

Provided that the Search-cum-Selection Committee for a State Administrative

Tribunal shall consist of—

(a) the Chief Justice of the High Court of the concerned State—Chairman;

(b) the Chief Secretary of the concerned State Government—Member;

State—Member;

(d) one Member, who—

(i) in case of appointment of a Chairman of the Tribunal, shall be the

outgoing Chairman of the Tribunal; or

(ii) in case of appointment of a Member of the Tribunal, shall be the

sitting Chairman of the Tribunal; or

(iii) in case of the Chairman of the Tribunal seeking re-appointment,

shall be a retired Judge of a High Court nominated by the Chief Justice of

the High Court of the concerned State:

Provided that such Member shall always be a retired Judge of a

High Court nominated by the Chief Justice of the High Court of the concerned

State, if the Chairperson or the outgoing Chairperson of the State Administrative

Tribunal, as the case may be, is not a retired Chief Justice or Judge of a

High Court;

(e) the Secretary or the Principal Secretary of the General Administrative

Department of the concerned State—Member-Secretary.

(4) The Chairperson of the Search-cum-Selection Committee shall have the casting

vote.

(5) The Member-Secretary of the Search-cum-Selection Committee shall not have any

vote.

(6) The Search-cum-Selection Committee shall determine the procedure for making its

recommendations.

(7) Notwithstanding anything contained in any judgment, order or decree of any

court, or in any law for the time being in force, the Search-cum-Selection Committee shall

recommend a panel of two names for appointment to the post of Chairperson or Member, as

the case may be, and the Central Government shall take a decision on the recommendations

made by that Committee, preferably within three months from the date of such

recommendation.

(8) No appointment shall be invalid merely by reason of any vacancy or absence of a

Member in the Search-cum-Selection Committee.

4. 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

or Member; or

Removal of

Chairperson or

Member of

Tribunal.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(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 proposed to be removed on any

ground specified in clauses (c) to (e), he shall be informed of the charges against him

and given an opportunity of being heard in respect of those charges.

5. 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 retirement or both, as the case may be, of the Chairperson or Member shall

be as specified in his order of appointment, subject to a maximum term of office of five years.

6. (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.

7. (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

the Chairperson or Member of the Tribunal may be varied to his disadvantage after his

appointment.

CHAPTER III

AMENDMENT TO THE INDUSTRIAL DISPUTES ACT, 1947

8. In section 7D of the Industrial Disputes Act, 1947, for the words and figures

"Part XIV of Chapter VI of the Finance Act, 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;

Term of

office of

Chairperson

and Member

of Tribunal.

Eligibility for

re-appointment.

Salary and

allowances.

7 of 2017.

Amendment

of Act 14 of

1947.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

CHAPTER IV

AMENDMENTS TO THE CINEMATOGRAPH ACT, 1952

9. 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;

(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;

(f) in sections 7D, 7E and 7F, the words "the Tribunal,", wherever they occur,

shall be omitted;

(g) in section 8, in sub-section (2), clauses (h), (i), (j) and (k) shall be omitted.

CHAPTER V

AMENDMENTS TO THE COPYRIGHT ACT, 1957

10. 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;';

(iii) for clause (u), the following clause shall be substituted, namely:—

'(u) "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 6,—

(i) for the words "Appellate Board", wherever they occur, the words

"Commercial Court" shall be substituted;

(ii) the words and figures "constituted under section 11 whose decision

thereon shall be final" shall be omitted;

shall be omitted;

(d) sections 11 and 12 shall be omitted;

Amendment

of Act 37 of

1952.

Amendment

of Act 14 of

1957.

4 of 2016.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(e) in sections 19A, 23, 31, 31A, 31B, 31C, 31D, 32, 32A and 33A, for the words

"Appellate Board", wherever they occur, the words "Commercial Court" shall be

substituted;

(f) in section 50, for the words "Appellate Board", wherever they occur, the

words "High Court" shall be substituted;

(g) in section 53A,—

(i) for the words "Appellate Board", wherever they occur, the words

"Commercial Court" shall be substituted;

(ii) in sub-section (2), the words "and the decision of the Appellate Board

in this behalf shall be final" shall be omitted;

(h) in section 54, for the words "Appellate Board", the words "Commercial Court"

shall be substituted;

(i) for section 72, the following section shall be substituted, namely:—

"72. (1) Any person aggrieved by any final decision or order of the Registrar

of Copyrights may, within three months from the date of the order or decision,

appeal to the High Court.

(2) Every such appeal shall be heard by a single Judge of the High Court:

Provided that any such Judge may, if he so thinks fit, refer the appeal at

any stage of the proceeding to a Bench of the High Court.

(3) Where an appeal is heard by a single Judge, a further appeal shall lie to

a Bench of the High Court within three months from the date of decision or order

of the single Judge.

(4) In calculating the period of three months provided for an appeal under

this section, the time taken in granting a certified copy of the order or record of

the decision appealed against shall be excluded.";

(j) in sections 74 and 75, the words "and the Appellate Board", wherever they

occur, shall be omitted;

(k) in section 77, the words "and every member of the Appellate Board" shall be

omitted;

(l) in section 78, in sub-section (2),—

(i) clauses (cA) and (ccB) shall be omitted;

(ii) in clause (f), the words "and the Appellate Board" shall be omitted.

CHAPTER VI

AMENDMENT TO THE INCOME TAX ACT, 1961

11. In section 252A of the Income Tax Act, 1961, 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.

CHAPTER VII

AMENDMENTS TO THE CUSTOMS ACT, 1962

12. In the Customs Act, 1962,—

(a) in section 28E, clauses (ba), (f) and (g) shall be omitted;

Appeals

against orders

of Registrar

of Copyrights.

7 of 2017.

Amendment

of Act 52 of

1962.

Amendment

of Act 43 of

1961.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(b) in section 28EA, the proviso 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 marginal heading, the words "and Appellate Authority" shall be

omitted;

(ii) sub-section (2) shall be omitted;

(g) in section 129 of the Customs Act, 1962, in sub-section (7), 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.

CHAPTER VIII

AMENDMENTS TO THE PATENTS ACT, 1970

13. 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;

(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 Appellate Board" shall be

omitted;

(f) in section 71, for the words "Appellate Board" and "Board", wherever they

occur, the words "High Court" shall be substituted;

(g) in section 76, the words "or Appellate Board" shall be omitted;

(h) in section 113,—

(i) in sub-section (1),—

(A) the words "the Appellate Board or", wherever they occur, shall

be omitted;

(B) the words "as the case may be" shall be omitted;

(ii) in sub-section (3), the words "or the Appellate Board" shall be omitted;

Amendment

of Act 39 of

1970.

7 of 2017.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(i) in Chapter XIX, for the Chapter heading, the Chapter heading "APPEALS"

shall be substituted;

(j) sections 116 and 117 shall be omitted;

(k) in section 117A, for the words "Appellate Board", wherever they occur, the

words "High Court" shall be substituted;

(l) sections 117B, 117C and 117D shall be omitted;

(m) in section 117E, for the words "Appellate Board", wherever they occur, the

words "High Court" shall be substituted;

(n) sections 117F, 117G and 117H shall be omitted;

(o) in section 151,—

(i) in sub-section (1), the words "or the Appellate Board", at both the

places where they occur, shall be omitted;

(ii) in sub-section (3), for the words "the Appellate Board or the courts, as

the case may be", the words "the courts" shall be substituted;

(p) in section 159, in sub-section (2), clauses (xiia), (xiib) and (xiic) shall be

omitted.

CHAPTER IX

AMENDMENT TO THE SMUGGLERS AND FOREIGN EXCHANGE MANIPULATORS (FORFEITURE OF

PROPERTY) ACT, 1976

14. 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, 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.

CHAPTER X

AMENDMENT TO THE ADMINISTRATIVE TRIBUNALS ACT, 1985

15. In section 10B of the Administrative Tribunals Act, 1985, 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.

CHAPTER XI

AMENDMENT TO THE RAILWAY CLAIMS TRIBUNAL ACT, 1987

16. 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, 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.

CHAPTER XII

AMENDMENT TO THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992

17. 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, 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.

7 of 2017.

Amendment

of Act 13 of

1976.

Amendment

of Act 13 of

1985.

Amendment

of Act 54 of

1987.

Amendment

of Act 15 of

1992.

7 of 2017.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

CHAPTER XIII

AMENDMENT TO THE RECOVERY OF DEBTS AND BANKRUPTCY ACT, 1993

18. 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, 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, 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.

CHAPTER XIV

AMENDMENTS TO THE AIRPORTS AUTHORITY OF INDIA ACT, 1994

19. 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;

(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 omitted;

(e) section 28L shall be omitted;

(f) in section 28M, the words "or the Tribunal" shall be omitted;

(g) in section 28N, in sub-section (2), for the word "Tribunal", the words

"High Court" shall be substituted;

(h) in section 33, the words "or the Chairperson of the Tribunal" shall be omitted;

(i) in section 41, in sub-section (2), clauses (gvi), (gvii), (gviii) and (gix) shall be

omitted.

CHAPTER XV

AMENDMENT TO THE TELECOM REGULATORY AUTHORITY OF INDIA ACT, 1997

20. 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, 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.

7 of 2017.

Amendment

of Act 55 of

1994.

7 of 2017.

Amendment

of Act 24 of

1997.

Amendment

of Act 51 of

1993.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

CHAPTER XVI

AMENDMENTS TO THE TRADE MARKS ACT, 1999

21. 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;

(d) in section 46, in sub-section (3), for the word "tribunal", the words "Registrar

or the High Court, as the case may be," shall be substituted;

(e) in section 47, —

(i) for the words "Appellate Board", at both the places where 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 substituted;

(f) in section 55, in sub-section (1), for the word "tribunal", the words "Registrar

or the High Court, as the case may be," shall be substituted;

(g) in section 57, —

(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 substituted;

(h) in section 71, in sub-section (3), for the word "tribunal", the words "Registrar

or the High Court, as the case may be," shall be substituted;

(i) in Chapter XI, for the Chapter heading, the Chapter heading "APPEALS"

shall be substituted;

(j) sections 83, 84, 85, 86, 87, 88, 89, 89A and 90 shall be omitted;

(k) in section 91, for the words "Appellate Board", wherever they occur, the

words "High Court" shall be substituted;

(l) sections 92 and 93 shall be omitted;

(m) for section 94, the following section shall be substituted, namely:—

"94. On ceasing to hold the office, the erstwhile Chairperson,

Vice-Chairperson or other Members shall not appear before the Registrar.";

(n) sections 95 and 96 shall be omitted;

(o) in section 97, for the words "Appellate Board", wherever they occur, the

words "High Court" shall be substituted;

Amendment

of Act 47 of

1999.

Bar to

appear before

Registrar.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(p) in section 98, for the words "Appellate Board" or "Board", wherever they

occur, the words "High Court" shall be substituted;

(q) sections 99 and 100 shall be omitted;

(r) in section 113, —

(i) for the words "Appellate Board", at both the places where they occur,

the words "High Court" shall be substituted;

(ii) for the word "tribunal", the words "Registrar or the High Court, as the

case may be," shall be substituted;

(s) in section 123, the words "and every Member of the Appellate Board" shall be

omitted;

(t) in sections 124 and 125, for the words "Appellate Board", wherever they

occur, the words "High Court" shall be substituted;

(u) in section 130, the words "the Appellate Board or" shall be omitted;

(v) in section 141, for the words "Appellate Board", at both the places where

they occur, the words "High Court" shall be substituted;

(w) in section 144, for the word "tribunal", the words "Registrar or the High

Court, as the case may be," shall be substituted;

(x) in section 157, in sub-section (2),—

(i) clauses (xxxi) and (xxxii) shall be omitted;

(ii) in clause (xxxiii), for the words "Appellate Board", the words "High

Court" shall be substituted.

CHAPTER XVII

AMENDMENTS TO THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION)

ACT, 1999

22. 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;

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 substituted;

(e) in Chapter VII, for the Chapter heading, the Chapter heading "APPEALS"

shall be substituted;

(f) in section 31,—

(i) for the words "Appellate Board", wherever they occur, the words "High

Court" shall be substituted;

(ii) sub-section (3) shall be omitted;

(g) sections 32 and 33 shall be omitted;

Amendment

of Act 48 of

1999.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(h) in sections 34 and 35, for the words "Appellate Board", wherever they occur,

the words "High Court" shall be substituted;

(i) section 36 shall be omitted;

(j) in section 48,—

(i) for the words "Appellate Board", at both the places where they occur,

the words "High Court" shall be substituted;

(ii) for the word "tribunal", the words "Registrar or the High Court, as the

case may be," shall be substituted;

(k) in sections 57 and 58, for the words "Appellate Board", wherever they occur,

the words "High Court" shall be substituted;

(l) in section 63, the words "the Appellate Board or" shall be omitted;

(m) in section 72, for the words "Appellate Board", wherever they occur, the

words "High Court" shall be substituted;

(n) in section 75, for the word "tribunal", the words "Registrar or the High Court,

as the case may be," shall be substituted;

(o) in section 87, in sub-section (2), clause (n) shall be omitted.

CHAPTER XVIII

AMENDMENTS TO THE PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT, 2001

23. 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;

shall be substituted;

(d) sections 54 and 55 shall be omitted;

(e) in section 56,—

(i) for the word "Tribunal", wherever it occurs, the words "High Court"

shall be substituted;

(ii) sub-section (3) shall be omitted;

(f) in section 57,—

(i) for the word "Tribunal", wherever it occurs, the words "High Court"

shall be substituted;

(ii) sub-section (5) shall be omitted;

(g) sections 58 and 59 shall be omitted;

Amendment

of Act 53 of

2001.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(h) in section 89, the words "or the Tribunal" shall be omitted.

CHAPTER XIX

AMENDMENTS TO THE CONTROL OF NATIONAL HIGHWAYS (LAND AND TRAFFIC) ACT, 2002

24. 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;

(d) for section 14, the following section shall be substituted, namely:—

"14. An appeal from any order passed, or any action taken, excluding

issuance or serving of notices, under sections 26, 27, 28, 36, 37 and 38 by the

Highway Administration or an officer authorised on its behalf, as the case may

be, shall lie to the Court.";

(e) sections 15 and 16 shall be omitted;

(f) in section 17, for the word "Tribunal", at both the places where it occurs, the

word "Court" shall be substituted;

(g) section 18 shall be omitted;

(h) in section 19, for the word "Tribunal", at both the places where it occurs, the

word "Court" shall be substituted;

(i) section 40 shall be omitted;

(j) in section 41,—

(i) the words "or every order passed or decision made on appeal under

this Act by the Tribunal" shall be omitted;

(ii) the words "or Tribunal" shall be omitted;

(k) in section 50, in sub-section (2), clause (f) shall be omitted.

CHAPTER XX

AMENDMENT TO THE ELECTRICITY ACT, 2003

25. In section 117A of the Electricity Act, 2003, 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.

CHAPTER XXI

AMENDMENT TO THE ARMED FORCE TRIBUNAL ACT, 2007

26. 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, shall be governed by the provisions of the

Amendment

of Act 13 of

2003.

Appeal.

Amendment

of Act 36 of

2003.

Amendment

of Act 55 of

2007.

7 of 2017.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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.

CHAPTER XXII

AMENDMENT TO THE NATIONAL GREEN TRIBUNAL ACT, 2010

27. 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.

CHAPTER XXIII

AMENDMENT TO THE COMPANIES ACT, 2013

28. In section 417A of the Companies Act, 2013, 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.

CHAPTER XXIV

AMENDMENT TO THE FINANCE ACT, 2017

29. In the Finance Act, 2017, sections 183 and 184 and the Eighth Schedule shall be

omitted.

CHAPTER XXV

AMENDMENT TO THE CONSUMER PROTECTION ACT, 2019

30. 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.".

CHAPTER XXVI

MISCELLANEOUS

31.(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.

32. 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.

7 of 2017.

Amendment

of Act, 7 of

2017.

Power to

amend the

Schedule.

Rules to be

laid before

Parliament.

Amendment

of Act, 35 of

2019.

Amendment

of Act, 18 of

2013.

Amendment

of Act, 19 of

2010.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

33. (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 their parent cadre, Ministry or

Department.

(3) Any appeal, application or proceeding pending before the Tribunal, Appellate

Tribunal or other Authorities specified in the Second Schedule, other than those pending

before the Authority for Advance Rulings under the Income-tax Act, 1961, before the notified

date, shall stand transferred to the court before which it would have been filed had this Act

been in force on the date of filing of such appeal or application or initiation of the proceeding,

and the court may proceed to deal with such cases from the stage at which it stood before

such transfer, or from any earlier stage, or de novo, as the court may deem fit.

(4) The balance of all monies received by, or advanced to, the Tribunal, Appellate

Tribunal or other Authorities specified in the Second Schedule and not spent by it before the

notified date, shall, on and from the notified date, stand transferred to the Central Government.

(5) All property of whatever kind owned by, or vested in, the Tribunal, Appellate

Tribunal or other Authorities specified in the Second Schedule before the notified date, shall

stand transferred to, on and from the notified date, and shall vest in the Central Government.

34. (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.

35. (1) The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance,

2021 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the

Cinematograph Act, 1952, the Copyright Act, 1957, the Customs Act, 1962, the Patents Act,

1970, the Airports Authority of India Act, 1994, the Trade Marks Act, 1999, the Geographical

Indications of Goods (Registration and Protection) Act, 1999, the Protection of Plant Varieties

and Farmers' Rights Act, 2001, and the Control of National Highways (Land and Traffic) Act,

2002, 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.

Transitional

provisions.

43 of 1961.

Power to

remove

difficulties.

Repeal and

saving.

37 of 1952.

14 of 1957.

52 of 1962.

39 of 1970.

55 of 1994.

47 of 1999.

48 of 1999.

53 of 2001.

13 of 2003.

Ord. 2 of

2021.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

THE FIRST SCHEDULE

[See section 2(e)]

Sl.

Tribunal/Appellate Tribunal/Board/

Acts

No.

Authority

(1)

(2)

(3)

Industrial Tribunal constituted by the

The Industrial Disputes Act, 1947

Central Government

(14 of 1947)

Income-Tax Appellate Tribunal

The Income-tax Act, 1961 (43 of 1961)

Customs, Excise and Service Tax

The Customs Act, 1962 (52 of 1962)

Appellate Tribunal

The Smugglers and Foreign Exchange

Manipulators (Forfeiture of Property)

Act, 1976 (13 of 1976)

Central Administrative Tribunal

The Administrative Tribunals Act, 1985

(13 of 1985)

State Administrative Tribunals

The Administrative Tribunals Act, 1985

(13 of 1985)

Railway Claims Tribunal

The Railway Claims Tribunal Act, 1987

(54 of 1987)

Securities Appellate Tribunal

The Securities and Exchange Board of

India Act, 1992 (15 of 1992)

Debts Recovery Tribunal

The Recovery of Debts and Bankruptcy

Act, 1993 (51 of 1993)

10. Debts Recovery Appellate Tribunal

The Recovery of Debts and Bankruptcy

Act, 1993 (51 of 1993)

11. Telecom Disputes Settlement and

The Telecom Regulatory Authority of

Appellate Tribunal

India Act, 1997 (24 of 1997)

12. National Company Law Appellate Tribunal

The Companies Act, 2013 (18 of 2013)

13. National Consumer Disputes

The Consumer Protection Act, 2019

Redressal Commission

(35 of 2019)

14. Appellate Tribunal for Electricity

The Electricity Act, 2003 (36 of 2003)

15. Armed Forces Tribunal

The Armed Forces Act, 2007 (55 of 2007)

16. National Green Tribunal

The National Green Tribunal Act, 2010

(19 of 2010).

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

THE SECOND SCHEDULE

(See section 33)

Appellate Tribunal under Cinematograph Act, 1952 (37 of 1952).

Authority for Advance Rulings under Income-tax Act, 1961 (43 of 1961).

Airport Appellate Tribunal under Airports Authority of India Act, 1994

(55 of 1994).

Intellectual Property Appellate Board under Trade Marks Act, 1999 (47 of 1999).

Plant Varieties Protection Appellate Tribunal under Protection of Plant Varieties

and Farmers' Rights Act, 2001 (53 of 2001).

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The Government of India began the process of rationalisation of tribunals in 2015. By

the Finance Act, 2017, seven tribunals were abolished or merged based on functional

similarity and their total number was reduced from 26 to 19. The rationale followed in the first

phase was to close down tribunals which were not necessary and merge tribunals with

similar functions.

2. In the second phase, analysis of data of the last three years has shown that tribunals

in several sectors have not necessarily led to faster justice delivery and they are also at a

considerable expense to the exchequer. The Hon'ble Supreme Court has deprecated the

practice of tribunalisation of justice and filing of appeals directly from tribunals to the Supreme

Court in many of its judgments, including S.P Sampath Kumar versus Union of India (1987)

1 SCC 124, L. Chandra Kumar versus Union of India (1997) 3 SCC 261, Roger Mathew versus

South Indian Bank Limited (2020) 6 SCC 1 and Madras Bar Association versus Union of India

and another (2020) SCC Online SC 962. Therefore, further streamlining of tribunals was

considered necessary as it would save considerable expense to the exchequer and at the

same time, lead to speedy delivery of justice.

3. Accordingly, the Tribunals Reforms (Rationalisation and Conditions of Service)

Bill, 2021 was introduced in Lok Sabha on the 13th February, 2021 proposing to abolish

certain more tribunals and authorities and to provide for a mechanism to file appeal directly

to the Commercial Court or the High Court, as the case may be. However, as the Bill could not

be passed in the Budget Session of Parliament and there was an immediate need for legislation,

the President promulgated the Tribunals Reforms (Rationalisation and Conditions of Service)

Ordinance, 2021 on 4th April, 2021 under clause (1) of article 123 of the Constitution.

4. The Tribunals Reforms Bill, 2021 which seeks to replace the Tribunals Reforms

(Rationalisation and Conditions of Service) Ordinance, 2021 (Ord. 2 of 2021), inter alia

provides for—

(i) uniform terms and conditions of service for Chairperson and Members of

various tribunals, including the following, namely:—

(a) Search-cum-Selection Committee for tribunals other than State

Administrative Tribunals to be headed by the Chief Justice of India or a Judge

nominated by him;

(b) Search-cum-Selection Committee for the State Administrative Tribunal

to be headed by the Chief Justice of the High Court of the concerned State;

Committee and such recommendation to be considered by the Government

preferably within three months;

(d) removal of Chairperson and Members on the recommendation of

Search-cum-Selection Committee;

(e) the Chairperson and Member of a Tribunal to hold office for a term of

four years;

(f) age of retirement to be seventy years for Chairperson and sixty-seven

years for a Member;

(g) the Chairperson and Member of a Tribunal shall be eligible for

reappointment.

(ii) abolition of tribunals or authorities under various Acts by amending the

Cinematograph Act, 1952, the Copyrights, Act, 1957, the Customs Act, 1962, the Patents

Act, 1970, the Airport Authority of India Act, 1994, the Trade Marks Act, 1999, the

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Geographical Indications of Goods (Registration and Protection) Act, 1999, the

Protection of Plant Varieties and Farmers' Rights Act, 2001, the Control of National

Highways (Land and Traffic) Act, 2002;

(iii) transfer of all cases pending before such tribunals or authorities to the

Commercial Court or the High Court, as the case may be, on the appointed date;

(iv) omission of section 183, section 184 and the Eighth Schedule to the Finance

Act, 2017;

(v) Chairman and Members of the tribunal so abolished shall cease to hold

office, and they shall be entitled to claim compensation not exceeding three months'

pay and allowances for the premature termination of term of their office or of any

contract of service.

6. The Bill seeks to replace the aforesaid Ordinance.

NIRMALA SITHARAMAN.

NEW DELHI;

The 28th July, 2021.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

FINANCIAL MEMORANDUM

The Bill seeks to provide for uniform terms and conditions of Chairperson and Members

of various Tribunals and to amend various Central Acts in order to abolish five Tribunals,

namely, Film Certification Appellate Tribunal, Airports Appellate Tribunal, Authority for

Advance Rulings, Intellectual Property Appellate Board and the Plant Varieties Protection

Appellate Tribunal.

2. Clause 3 of the Bill empowers the Central Government to 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.

3. Clause 7 of the Bill empowers the Central Government to make rules to provide for

the salary of the Chairperson and Member of a Tribunal and provides that 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.

4. Clause 33 of the Bill provides that 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 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.

5. The non-recurring expenditure for the aforesaid purpose is estimated to be

approximately rupees two crores. The Bill does not involve any other recurring or non-

recurring expenditure.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 3 of the Bill empowers the Central Government to 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. It further empowers the Central

Government to make rules to provide for the manner in which the Chairperson and the

Member of a Tribunal shall be appointed by the Central Government on the recommendation

of a Search-cum-Selection Committee.

2. Clause 4 of the Bill empowers the Central Government to make rules to provide for

the manner in which the Chairperson or a Member may be removed from office on the

recommendation of the Search-cum-Selection Committee.

3. Clause 7 of the Bill empowers the Central Government to make rules to provide for

the salary of the Chairperson and Member of a Tribunal. It further empowers the Central

Government to make rules to provide for the limitations and conditions of reimbursement

house rent in case the Chairperson or Member takes a house on rent.

4. The matters in respect of which rules may be made are matters of procedure and

administrative detail and it is not practicable to provide for them in the Bill itself. The

delegation of legislative power is, therefore, of a normal character.

—————

UTPAL KUMAR SINGH

Secretary General

MGIPMRND—562GI(S3)—04-08-2021.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.

JAGANATHAN

ANANTHA

KUMAR

Digitally signed by

JAGANATHAN ANANTHA

KUMAR

Date: 2021.08.05 10:56:05

+05'30'