The Government of India on February 13, 2021 has issued the Tribunals Reforms (Rationalisation and Conditions of Service) Bill, 2021.
The following Acts have been amended:
Cinematograph Act, 1952:
•Section 2 (h), which specifies the definition of Tribunal, has been omitted.
•Section 5D, which specifies the Constitution of appellate tribunal, has been omitted.
Copyright Act, 1957:
•Section 2 (fa), which specifies the definition of commercial court, has been inserted, namely:
"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.”
•Section 72, which specifies the appeals against the orders of the Registrars, has been substituted, namely:
“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.”
Customs Act, 1962:
•Section 28 (EA) proviso, which specifies the customs authority for advance rulings, has been omitted.
•Section 28 (F)(1), which specifies the authority for advance rulings, has been omitted.
• Section 28 (M)(2), which specifies the Procedure for Authority and Appellate Authority has been omitted.
Patents Act, 1970:
• Section 116, which specifies the constitution of appellate board, has been omitted.
• Section 117, which specifies the staff of appellate board, has been omitted.
Airports Authority of India Act, 1994:
• Section 28 I, which specifies the constitution of Airport Appellate Tribunal, has been omitted.
• Section 28 J, which specifies the Chairperson Duties of the tribunal, has been omitted.
• Section 28 K, which specifies the process of appeal in the tribunal, has been omitted.
Trademarks Act, 1999:
• Section 94, which specifies the Bar to appear before Appellate Board, has been substituted, namely:
“On ceasing to hold the office, the erstwhile Chairperson, Vice-Chairperson or other Members, shall not appear before the Registrar."
Geographical Indications of Goods (Registration and Protection) Act, 1999:
• Section 32, which specifies the Bar of jurisdiction of courts, etc, has been omitted.
• Section 33, which specifies the Procedure of the Appellate Board, has been omitted.
Protection of Plant Varieties and Farmers' Rights Act, 2001:
• Section 54, which specifies the Tribunal, has been omitted.
• Section 55, which specifies the Composition of Tribunal, has been omitted.
• Section 58, which specifies the Procedure of Tribunal, has been omitted.
• Section 59, which specifies the Transitional provision, has been omitted.
Control of National Highways (Land and Traffic) Act, 2002:
• Section 14, which specifies the Jurisdiction, powers and authority of Tribunal, has been substituted, namely: “An appeal from any order passed, or any action taken, excluding issuance or serving of notice 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.”
Finance Act, 2017:
• Section 184, which specifies the Qualifications, appointment, term and conditions of service, salary and allowances, etc., of Chairperson, Vice Chairperson and Members, etc., of the Tribunal, Appellate Tribunal and other Authorities, has been substituted, namely:
“The Central Government may, by notification, make rules to provide for the qualifications, appointment, salaries and allowances, resignation, removal and the other conditions of service of the Chairperson and Members of the Tribunal as specified in the Eighth Schedule.”
[Bill No. 19 of 2020]
