Tribunals Reforms Bill proposes amendments to ten laws; seeks to replace appellate authorities with High Courts

The Central government on February 13 introduced the Tribunals Reforms (Rationalisation And Conditions Of Service) Bill, 2021 in the Lok Sabha..The Bill contemplates significant amendments to ten statutes by doing away with the appellate authorities under various Acts and granting the right to hear appeals to High Courts.Below are the amendments contemplated by the Bill to various statutes..Cinematograph Act.In the Cinematograph Act, the Appellate Tribunal which is empowered to hear appeals against decisions of the Censor Board is sought to be done away with. The concerned High Court is set to replace the Appellate Tribunal to hear appeals against decisions of the Board..For this purpose, Section 2(h), which defines Appellate Tribunal, is sought to be deleted. Further, under Section 7C, which confers appellate powers on the Appellate Tribunal, the word ‘Appellate Tribunal’ will be substituted with “High Court”..Copyright Act, 1957.The Bill seeks to abolish the Appellate Board under the Copyright Act. The Appellate Board is empowered to hear appeals against orders of the Registrar of Copyrights, besides having various other powers..The Bill has sought to substitute the Appellate Board with Commercial Courts or High Courts, which will exercise the Appellate Board’s powers. As per the Bill, a new provision shall be 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 is sought to be abolished and substituted by the High Court..The Appellate Authority is currently empowered to hear appeals against decisions of the Customs Authority for Advance Rulings. This power is now sought to be vested with the High Court..Patents Act, 1970.The Bill seeks to abolish the Appellate Board under the Act. Currently, as per Section 117A of the Patents Act, the Appellate Board is 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 proposed to be conferred on the High Court..Airports Authority of India Act, 1994.As with other statutes, the Bill has sought to abolish the Airport Appellate Tribunal by omitting Section 28I of the Airport sAuthority of India Act.The Airport Appellate Tribunal is empowered to hear appeals against orders of the eviction officer..Trade Marks Act, 1999.The Intellectual Property Appellate Board (IPAB) is proposed to be 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, is sought to be replaced with the High Court..As per the Bill, 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 is also sought to be replaced by the High Court..Protection of Plant Varieties And Farmers’ Rights Act, 2001.The Bill seeks to abolish the Plant Varieties Protection Appellate Tribunal established under Section 54 of the Protection of Plant Varieties And Farmers’ Rights Act, 2001..Under Section 56 of the said Act, the Appellate Tribunal under the Act is 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 proposed to be vested with the concerned High Court..Control of National Highways (Land And Traffic) Act, 2002.The Airport Appellate Tribunal under the Act is sought to be abolished by the Bill. In its place, the principal Civil Court of original jurisdiction in a district, which includes the High Court in exercise of its ordinary original civil jurisdiction, will exercise the power to hear any order passed or any action taken by the Highway Administration or an officer authorised on its behalf..Finance Act 2017The Bill seeks to insert a new provision, sub-section (11) in 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 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.Besides, the entire Section 184 is proposed to be 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..[Read Bill]