The President of India has promulgated the Tribunals Reforms (Rationalisation And Conditions Of Service) Ordinance, 2021, by which the appellate authorities under nine Acts have been done away with and the right to hear appeals under the statute has been conferred to High Courts.

Further, certain amendments have also been introduced to the Finance Act, 2017, which concern the qualifications and tenure of the Chairperson and members of tribunals.

A gazette notification concerning the promulgation of the ordinance was issued on April 4, Sunday, by the Union Ministry of Law and Justice. The notification also informs that the ordinance has come into effect at once.

Below are the amendments introduced by the ordinance to various statutes.

Cinematograph Act

In the Cinematograph Act, the Appellate Tribunal, which was earlier empowered to hear appeals against decisions of the Censor Board, has been done away with. The concerned High Court will replace the Appellate Tribunal to hear appeals against decisions of the Board.

For this purpose, Section 2(h), which defines Appellate Tribunal, has been deleted. Further, under Section 7C, which had conferred appellate powers on the Appellate Tribunal, the word ‘Appellate Tribunal’ has been substituted with “High Court”.

Copyright Act, 1957

The ordinance has abolished the Appellate Board under the Copyright Act. The Appellate Board was earlier empowered to hear appeals against orders of the Registrar of Copyrights, besides having various other powers.

The ordinance also substitutes the Appellate Board with Commercial Courts (a division of the High Courts), which will exercise the Appellate Board’s powers. A new provision has been inserted into the Copyright Act defining "Commercial Court" as follows:

“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.”

The power of the Appellate Board to hear appeals against the orders of the Registrar of Copyrights will now be vested with a Single Judge of the High Court.

Customs Act, 1962

In the Customs Act, the Appellate Authority has been abolished and substituted by the High Court.

The Appellate Authority was earlier empowered to hear appeals against decisions of the Customs Authority for Advance Rulings. This power now vested with the High Court.

Patents Act, 1970

The ordinance has abolished the Appellate Board under the Act. Earlier, as per Section 117A of the Patents Act, the Appellate Board had been empowered to hear appeals against decisions, orders or directions of the Controller General of Patents, Designs and Trade Marks or the Central government. This power of the Appellate Board is now conferred on the High Court.

Airports Authority of India Act, 1994

As with other statutes, the ordinance abolishes the Airport Appellate Tribunal by omitting Section 28I of the Airport Authority of India Act. The Airport Appellate Tribunal had earlier been empowered to hear appeals against orders of the eviction officer. This power now rests with the High Court.

The Intellectual Property Appellate Board (IPAB) for hearing trade mark case-appeals has been abolished by deleting Section 83 of the Trade Marks Act and a host of other provisions. The power of IPAB, as in the case of other appellate tribunals, has been transferred to the High Court.

As per the ordinance, appeals from the decision of the Registrar of Trade Marks would now lie to the High Court instead of IPAB.

Geographical Indications of Goods (Registration And Protection) Act, 1999

The Appellate Board contemplated under this Act has been replaced by the High Court.

Protection of Plant Varieties And Farmers’ Rights Act, 2001

The ordinance has abolished the Plant Varieties Protection Appellate Tribunal established under Section 54 of the Protection of Plant Varieties And Farmers’ Rights Act, 2001.

Under the erstwhile Section 56 of the said Act, the Appellate Tribunal under the Act was empowered to hear appeals against decisions of the Protection of Plant Varieties and Farmers’ Rights Authority and the Registrar of Plant Varieties Registry.

This power is now vested with the concerned High Court.

Control of National Highways (Land And Traffic) Act, 2002

The power to entertain appeals under this Act, earlier vested with the Airport Appellate Tribunal has been transferred to the principal Civil Court of original jurisdiction in a district, which includes the High Court in exercise of its ordinary original civil jurisdiction. The principal Civil Courts will exercise the power to hear appeals from any order passed or any action taken by the Highway Administration or an officer authorised on its behalf.

A new provision, subsection (11), has been introduced under Section 184 of the Finance Act, 2017. This new sub-section reads as follows:

"(11) Notwithstanding anything contained in any judgment, order, or decree of any court or 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 the order of appointment subject to a maximum term of office of five years."

Thus, the provision seeks to restrict the tenure of the Chairperson of a Tribunal to a term of four years or till the age of 70, whichever is earlier. As regards members of the tribunal, it is four years or the age of 67.

Further, the entire Section 184 has been substituted by a new Section 184. The new provision lays down revised qualifications for appointment as Chairperson and members of a tribunal. It also seeks to create a search-cum-selection committee for appointing the Chairperson and members of tribunals.