Promulgation of “Tribunals Reforms Ordinance 2021”

Promulgation of “Tribunals Reforms Ordinance 2021”

The Centre has replaced the existing appellate authorities and vested those powers in the High Courts through an ordinance, the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021, promulgated.

Key-Features of the Tribunals Reforms Ordinance 2021

1. The Ordinance dissolves at least eight existing appellate tribunals. Now, High Courts and certain other bodies will be the appellate bodies under 9 acts.
2. Section 184 of the Finance Act, 2017 has been amended to empower the Central Government to make rules for qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of Members of Tribunals.
3. The Ordinance provides that the Chairperson and Members of the Tribunals will be appointed by the Central Government on the recommendation of a Search-cum-Selection Committee. It also provides the composition of the Committee, to be headed by the Chief Justice of India or a Judge of Supreme Court nominated by him.
4. The above-mentioned nine laws where the existing appellate authorities have been replaced are:

1. The Cinematograph Act, 1952.
2. The Trade Marks Act, 1999.
3. The Copyright Act, 1957.
4. The Customs Act, 1962.
5. The Patents Act, 1970.
6. The Airports Authority of India Act, 1994.
7. The Control of National Highways (Land and Traffic) Act, 2002.
8. The Geographical Indications of Goods (Registration and Protection) Act, 1999.
9. Protection of Plant Varieties and Farmers Rights Act,2001.

5. The Ordinance omits following Tribunals/ Appellate Authorities from the purview of Finance Act:

• Airport Appellate Tribunal established under the Airport Authority of India Act, 1994
• Appellate Board established under the Trade Marks Act, 1999
• Authority for Advance Ruling established under the Income Tax Act, 1961
• Film Certification Appellate Tribunal established under the Cinematograph Act, 1952

6. The Ordinance proposes to transfer the appellate functions of the:

• Appellate Tribunal under Cinematograph Act, 1952 to the concerned High Court;
• Appellate Board under Trade Marks Act, 1999 to the concerned High Court;
• Appellate Board under Copyright Act, 1957 to the concerned Commercial Court or the Commercial Division of the concerned High Court;
• Authority for Advance Rulings under the Customs Act, 1962 to the concerned High Court;
• Appellate Board under Patents Act, 1970 to the concerned High Court;
• Airport Appellate Tribunal under Airports Authority of India Act, 1994 to: (i) Central government, (ii) High Court, as specified;
• Airport Appellate Tribunal under Control of National Highways (Land and Traffic) Act, 2002 to the concerned Civil Court;
• Appellate Board under Geographical Indications of Goods (Registration and Protection) Act, 1999 to the concerned High Court.