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The President of India has promulgated the Tribunals Reforms (Rationalisation And Conditions Of Service) Ordinance, 2021.
About
- It will dissolve the certain existing appellate bodies and transfer their functions to other existing judicial bodies.
- The proposed changes are based on the directions issued by the Supreme Court last year in the Madras Bar Association case.
Proposed Changes
- Abolishment of Tribunals: The Ordinance will abolish existing tribunals set up under laws relating to cinematograph, copyright, trademark, airport authority, customs, patents, and others and transfer the concerned functions to respective High Courts.
- Amendments to the Finance Act, 2017: 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.
- It provides 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 the Supreme Court nominated by him.
- Tenure: The Chairperson of a Tribunal shall hold office for a term of 4 years or till he attains the age of 70 years, whichever is earlier.
- Other Members of a Tribunal shall hold office for a term of 4 years or till he attains the age of 67 years, whichever is earlier.
- It states that a person who has not completed the age of fifty years shall not be eligible for appointment as a Chairperson or Member.
- Other Amendments: The Ordinance omits the following Tribunals/ Appellate Authorities from the purview of the 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.
- It substitutes the National Consumer Disputes Redressal Commission established under the erstwhile Consumer Protection Act, 1986 with a National Consumer Disputes Redressal Commission established under the Consumer Protection Act, 2019.
Tribunals
President’s Power of Ordinance Making
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