The Tribunals Reforms Act, 2021

It received Presidential Assent on 13th August 2021. The Act seeks to dissolve certain existing appellate bodies and transfer their functions such as adjudication of appeals to other existing judicial bodies.

Amendments to the Finance Act, 2017

  • The Finance Act, 2017 merged tribunals based on domain. It empowered the central government to notify rules on various matters such as
    1. composition of search-cum-selection committees,
    2. qualifications of tribunal members, and
    3. their terms and conditions of service (such as their removal and salaries).
  • It removes these provisions from the Finance Act, 2017.
  • Search and Selection Committees: Under the new Act The Chairperson and Members of the Tribunals will be appointed by the central government on the recommendation of a Search-cum-Selection Committee.

State administrative tribunals will have separate search-cum-selection committees. The central government must decide on the recommendations of selection committees preferably within three months from date of the recommendation.

  • Qualification of Members: Qualification of members, and other terms and conditions of their service will be notified by the central government.
  • Eligibility and Term of Office: It provides for a four-year term of office (upper age limit of 70 years for the Chairperson, and 67 years for members).
  • It specifies a minimum age requirement of 50 years for appointment of a chairperson or a member.

Transfer of Functions of Key Appellate Bodies as Proposed under the Act

Sl No.

Act

Existing Appellate Body

Proposed Body under the Act

1.

The Cinematograph Act, 1952

Appellate Tribunal

High Court

2.

The Trade Marks Act, 1999

Appellate Board

High Court

3.

The Copyright Act, 1957

Appellate Board

Commercial Court or the Commercial Division of a High Court (Constituted under the Commercial Courts Act, 2015)

4.

The Customs Act, 1962

Authority for Advance Rulings

High Court

5.

The Patents Act, 1970

Appellate Board

High Court

6.

The Airports Authority of India Act, 1994

Airport Appellate Tribunal

Central government, for disputes arising from the disposal of properties left on airport premises by unauthorized occupants.

High Court, for appeals against orders of an eviction officer.

7.

The Control of National Highways (Land and Traffic) Act, 2002

Airport Appellate Tribunal

Civil Court

8.

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

Appellate Board

High Court