REGISTERED NO. DL—(N)04/0007/2003—21

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EXTRAORDINARY

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PART II — Section 1

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PUBLISHED BY AUTHORITYlañ 20]ubZ fnYyh] jfookj] vizSy 4] 2021@ pS= 14] 1943 ¼'kd½

No. 20]NEW DELHI, SUNDAY, APRIL 4, 2021/CHAITRA 14, 1943 (SAKA)

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE(Legislative Department)
New Delhi, the 4th April, 2021/Chaitra 14, 1943 (Saka)

THE TRIBUNALS REFORMS(RATIONALISATION AND CONDITIONS OFSERVICE) ORDINANCE, 2021
NO. 2 OF 2021
Promulgated by the President in the Seventy-Second
Year of the Republic of India.
An Ordinance further to amend the Cinematograph
Act, 1952, the Customs Act, 1962, the Airports Authority
of India Act, 1994, the Trade Marks Act, 1999 and theProtection of Plant Varieties and Farmers’ Rights Act,
2001 and certain other Acts.
WHEREAS The Tribunal Reforms (Rationalisation
and Conditions of Service) Bill, 2021 has been
introduced in the House of the People on the 13th day of
February, 2021;

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THE GAZETTE OF INDIA EXTRAORDINARY[PART II—

AND WHEREAS the aforesaid Bill could not be taken
up for consideration and passing in the House of thePeople;AND WHEREAS Parliament is not in session and
the President is satisfied that circumstances exist which
render it necessary for him to take immediate action;
NOW, THEREFORE, in exercise of the powers
conferred by clause (1) of article 123 of the Constitution,
the President is pleased to promulgate the following
Ordinance:—
CHAPTER IPRELIMINARY
Short title and1.(1) This Ordinance may be called the Tribunals commencement.
Reforms (Rationalisation and Conditions of Service)
Ordinance, 2021.
(2) It shall come into force at once.
Definitions.

2.In this Ordinance, unless the context otherwise
requires,–(a) “notified date” meanscommencement of this Ordinance;

the

date

of

(b) “Schedule” means the Schedule appended tothis Ordinance;
CHAPTER IIAMENDMENTS TO THE CINEMATOGRAPH ACT, 1952
Amendment of
Act 37 of 1952.

3. In the Cinematograph Act, 1952, —(a) in section 2, clause (h) shall be omitted;(b) in section 5C,–(i) for the word “Tribunal”, at both theplaces where it occurs, the words “High Court”
shall be substituted;(ii) sub-section (2) shall be omitted;(c) sections 5D and 5DD shall be omitted;(d) in section 6, the words “or, as the case may be,
decided by the Tribunal (but not including any
proceeding in respect of any matter which is pending
before the Tribunal)” shall be omitted;(e) in sections 7A and 7C, for the word
“Tribunal”, wherever it occurs, the words “High
Court” shall be substituted;

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY(f) in sections 7D, 7E and 7F, the words “theTribunal,”, wherever they occur, shall be omitted;(g) in section 8, in sub-section (2), clauses (h), (i),(j), and (k) shall be omitted.
CHAPTER III
AMENDMENTS TO THE COPYRIGHT ACT, 1957
Amendment of
Act 14 of 1957.

3. In the Copyright Act, 1957,—(a) in section 2,––(i) clause (aa) shall be omitted;(ii) clause (fa) shall be re-lettered as clause (faa)and before the clause (faa) as so re-lettered, thefollowing clause shall be inserted, namely:––‘(fa) “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;’;
4 of 2016.
(iii) for clause (u), the following clause shall be
substituted, namely:––‘(u) “prescribed” means,—(A) in relation to proceedings before a High
Court, prescribed by rules made by the High
Court; and(B) in other cases, prescribed by rules madeunder this Act;’;(b) in section 6,––(i) for the words “Appellate Board”, wherever
they occur, the words “Commercial Court” shall be
substituted;(ii) the words “constituted under section 11 whose
decision thereon shall be final” shall be omitted;

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THE GAZETTE OF INDIA EXTRAORDINARY[PART II—(c) in Chapter II, in the Chapter heading, the words“AND APPELLATE BOARD” shall be omitted;(d) sections 11 and 12 shall be omitted;(e) in sections 19A, 23, 31, 31A, 31B, 31C, 31D, 32,
32A and 33A, for the words “Appellate Board”, wherever
they occur, the words “Commercial Court” shall be
substituted;(f) in section 50, for the words “Appellate Board”,
wherever they occur, the words “High Court” shall be
substituted;(g) in section 53A,––(i) for the words “Appellate Board”, wherever
they occur, the words “Commercial Court” shall be
substituted;(ii) in sub-section (2), the words “and thedecision of the Appellate Board in this behalf shallbe final” shall be omitted;(h) in section 54, for the words “Appellate Board”,
the words “Commercial Court” shall be substituted;(i) for section 72, the following section shall be
substituted, namely:––“72. (1) 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.
(2) Every such appeal shall be heard by a single
Judge of the High Court:
Provided that any such Judge may, if he sothinks fit, refer the appeal at any stage of theproceeding to a Bench of the High Court.
(3) Where an appeal is heard by a single Judge,
a further appeal shall lie to a Bench of the High
Court within three months from the date of decisionor order of the single Judge.

Appeals against
ordersofRegistrarof
Copyrights.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY(4) In calculating the period of three months
provided for an appeal under this section, the time
taken in granting a certified copy of the order orrecord of the decision appealed against shall be
excluded.”;(j) in sections 74 and 75, the words “and theAppellate Board”, wherever they occur, shall be omitted;(k) in section 77, the words “and every member ofthe Appellate Board” shall be omitted;(l) in section 78, in sub-section (2),––(i) clauses (cA) and (ccB) shall be omitted;(ii) in clause (f), the words “and the Appellate
Board” shall be omitted.
CHAPTER IV
AMENDMENTS TO THE CUSTOMS ACT, 1962
Amendment of
Act 52 of 1962.

5. In the Customs Act, 1962,–(a) in section 28E, clauses (ba), (f) and (g) shall beomitted;(b) in section 28EA, the proviso shall be omitted;(c) in section 28F, sub-section (1) shall be omitted;(d) in section 28KA,––(i) in sub-section (1), for the word “Appellate
Authority”, at both the places where they occur, thewords “High Court” shall be substituted;(ii) sub-section (2) shall be omitted;(e) in section 28L, the words “or Appellate
Authority”, wherever they occur, shall be omitted;(f) in section 28M,––(i) in the marginal heading, the words “and5

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THE GAZETTE OF INDIA EXTRAORDINARY

Appellate Authority” shall be omitted;(ii) sub-section (2) shall be omitted.
CHAPTER V

AMENDMENTS TO THE PATENTS ACT, 1970
Amendment of
Act 39 of 1970.

6. In the Patents Act, 1970,—(a) in section 2, in sub-section (1),––(i) clause (a) shall be omitted;(ii) in clause (u), sub-clause (B) shall be omitted;(b) in section 52, the words “Appellate Board or”,
wherever they occur, shall be omitted;(c) in section 58,––(i) the words “the Appellate Board or”, wherever
they occur, shall be omitted;(ii) the words “as the case may be” shall beomitted;(d) in section 59, the words “the Appellate Board or”
shall be omitted;(e) in section 64, in sub-section (1), the words “bythe Appellate Board” shall be omitted;(f) in section 71, for the words “Appellate Board”
and “Board”, wherever they occur, the words “High
Court” shall be substituted;(g) in section 76, the words “or Appellate Board”
shall be omitted;(h) in section 113,––(i) in sub-section (1),––(A) the words “the Appellate Board or”,
wherever they occur, shall be omitted;[PART II—

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

7(B) the words “as the case may be” shall beomitted;(ii) in sub-section (3), the words “or the Appellate
Board” shall be omitted;(i) in Chapter XIX, for the Chapter heading, theChapter heading “APPEALS” shall be substituted;(j) sections 116 and 117 shall be omitted;(k) in section 117A, for the words “Appellate
Board”, wherever they occur, the words “High Court”
shall be substituted;(l) sections 117B, 117C and 117D shall be omitted;(m) in section 117E, for the words “Appellate
Board”, wherever they occur, the words “High Court”
shall be substituted;(n) sections 117F, 117G and 117H shall be omitted;(o) in section 151,––(A) in sub-section (1), the words “or theAppellate Board”, at both the places where theyoccur, shall be omitted;(B) in sub-section (3), for the words “theAppellate Board or the courts, as the case may be”,
the words “the courts” shall be substituted;(p) in section 159, in sub-section (2), clauses (xiia),(xiib) and (xiic) shall be omitted.
CHAPTER VI
AMENDMENTS TO THE AIRPORT AUTHORITY
OF INDIA ACT, 1994
7. In the Airports Authority of India Act, 1994,—(a) in section 28A, clause (e) shall be omitted;

Amendment of
Act 55 of 1994.

8

THE GAZETTE OF INDIA EXTRAORDINARY(b) in section 28E, for the word “Tribunal”, atboth the places where it occurs, the words “Central
Government” shall be substituted;(c) sections 28I, 28J and 28JA shall be omitted;(d) in section 28K,–––(i) in sub-section (1),––(A) for the words “Tribunal in such form as
may be prescribed”, the words “High Court” shallbe substituted;(B) in the proviso, for the word “Tribunal”, thewords “High Court” shall be substituted;(ii) sub-sections (2), (3), (4) and (5) shall beomitted;(e) section 28L shall be omitted;(f) in section 28M, the words “or the Tribunal”
shall be omitted;(g) in section 28N, in sub-section (2), for the word
“Tribunal”, the words “High Court” shall be
substituted;(h) in section 33, the words “or the Chairperson of
the Tribunal” shall be omitted;(i) in section 41, in sub-section (2), clauses (gvi),(gvii), (gviii) and (gix) shall be omitted.
CHAPTER VII
AMENDMENTS TO THE TRADE MARKS
ACT, 1999
Amendment of
Act 47 of 1999.

8. In the Trade Marks Act, 1999,—(a) in section 2, in sub-section (1), ––(i) clauses (a), (d), (f), (k), (n), (ze) and (zf)shall be omitted;[PART II—

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY(ii) for clause (s), the following clause shall be
substituted, namely:––‘(s) “prescribed” means,—(i) in relation to proceedings before a High
Court, prescribed by rules made by the High
Court; and(ii) in other cases, prescribed by rules
made under this Act;’;(b) in section 10, for the word “tribunal”, thewords “Registrar or the High Court, as the case may
be,” shall be substituted;(c) in section 26, for the word “tribunal”, thewords “Registrar or the High Court, as the case may
be,” shall be substituted;(d) in section 46, in sub-section (3), for the word
“tribunal”, the words “Registrar or the High Court,
as the case may be,” shall be substituted;(e) in section47, ––(i) for the words “Appellate Board”, at boththe places where it occurs, the words “High
Court” shall be substituted;(ii) for the word “tribunal”, wherever it occurs,
the words “Registrar or the High Court, as thecase may be,” shall be substituted;(f) in section 55, in sub-section (1), for the word
“tribunal”, the words “Registrar or the High Court,
as the case may be,” shall be substituted;(g) in section 57, ––(i) for the words “Appellate Board”, wherever it
occurs, the words “High Court” shall be
substituted;(ii) for the word “tribunal”, wherever it occurs,
the words “Registrar or the High Court, as the casemay be,” shall be substituted;(h) in section 71, in sub-section (3), for the word
“tribunal”, the words “Registrar or the High Court,
as the case may be,” shall be substituted;(i) in Chapter XI, for the Chapter heading, the9

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THE GAZETTE OF INDIA EXTRAORDINARY

Chapter heading “APPEALS” shall be substituted;(j) sections 83, 84, 85, 86, 87, 88, 89, 89A and 90
shall be omitted;(k) in section 91,for the words “Appellate
Board”, wherever they occur, the words “High
Court” shall be substituted;(l) sections 92 and 93 shall be omitted;(m) for section 94, the following section shall be
substituted, namely:––
Bar to appear
beforeRegistrar.

“94. On ceasing to hold the office, the erstwhile
Chairperson, Vice-Chairperson or other Members,
shall not appear before the Registrar.”;(l) sections 95 and 96 shall be omitted;(m) in section 97, for the words “Appellate
Board”, wherever they occur, the words “High
Court” shall be substituted;(n) in section 98, for the words “Appellate Board”
and “Board”, wherever they occur, the words “High
Court” shall be substituted;(o) sections 99 and 100 shall be omitted;(p) in section 113, ––(i) for the words “Appellate Board”, at boththe places where they occur, the words “High
Court” shall be substituted;(ii) for the word “tribunal”, the words“Registrar or the High Court, as the case may be,”shall be substituted;(q) in section 123, the words “and every Memberof the Appellate Board” shall be omitted;(r) in sections 124 and 125, for the words“Appellate Board”, wherever they occur, the words“High Court” shall be substituted;[PART II—

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY(s) in section 130, the words “the Appellate Boardor” shall be omitted;(t) in section 141, for the words “Appellate
Board”, at both the places where they occur, thewords “High Court” shall be substituted;(u) in section 144, for the word “tribunal”, thewords “Registrar or the High Court, as the case may
be,” shall be substituted;(v) in section 157, in sub-section (2),––(i) clauses (xxxi) and (xxxii) shall be omitted;(ii) in clause (xxxiii), for the words “Appellate
Board”, the words “High Court” shall be
substituted.
CHAPTER VIIIAMENDMENTS TO THE GEOGRAPHICALINDICATIONS OF GOODS (REGISTRATION AND
PROTECTION) ACT, 1999
Amendment of
Act 48 of 1999.

9. In the Geographical Indications of Goods(Registration and Protection) Act, 1999,—(a) in section 2, in sub-section (1), clauses (a)and (p) shall be omitted;(b) in section 19, for the word “tribunal”, thewords “Registrar or the High Court, as the casemay be,” shall be substituted;(c) in section 23, for the words “and before theAppellate Board before which”, the words “before
whom” shall be substituted;(d) in section 27, ––(i) for the words “Appellate Board”, wherever
they occur, the words “High Court” shall be
substituted;(ii) for the word “tribunal”, wherever it occurs,

11

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THE GAZETTE OF INDIA EXTRAORDINARY

the words “Registrar or the High Court, as thecase may be,” shall be substituted;(e) in Chapter VII, for the Chapter heading, theChapter heading “APPEALS” shall be substituted;(f) in section 31,––(i) for the words “Appellate Board”, wherever
they occur, the words “High Court” shall be
substituted;(ii) sub-section (3) shall be omitted;(g) sections 32 and 33 shall be omitted;(h) in sections 34 and 35, for the words “Appellate
Board”, wherever they occur, the words “High
Court” shall be substituted;(i) section 36 shall be omitted;(j) in sections 48,––(i) for the words “Appellate Board”, at both theplaces where it occurs, the words “High Court”
shall be substituted;(ii) for the word “tribunal”, the words“Registrar or the High Court, as the case may be,”shall be substituted;(k) in sections 57 and 58, for the words “Appellate
Board”, wherever they occur, the words “High
Court” shall be substituted;(l) in section 63, the words “the Appellate Boardor” shall be omitted;(m) in section 72, for the words “Appellate
Board”, wherever they occur, the words “High
Court” shall be substituted;(n) in section 75, for the word “tribunal”, thewords “Registrar or the High Court, as the case may
be,” shall be substituted;[PART II—

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY(o) in section 87, in sub-section (2), clause (n)shall be omitted.
CHAPTER IXAMENDMENTS TO THE PROTECTION OF
PLANT VARIETIES AND FARMERS’ RIGHTS
ACT, 2001
Amendment of
Act 53 of 2001.

10. In the Protection of Plant Varieties and Farmers’
Rights Act, 2001,–(a) in section 2, ––(i) clauses (d), (n) and (o) shall be omitted;(ii) for clause (q), the following clause shall be
substituted, namely:––‘(q) “prescribed” means,—(A) in relation to proceedings before a High
Court, prescribed by rules made by the High
Court; and(B) in other cases, prescribed by rules madeunder this Act;’:(iii) clauses (y) and (z) shall be omitted;(b) in section 44, the words “or the Tribunal” shallbe omitted;(c) in Chapter VIII, for the Chapter heading, theChapter heading “APPEALS” shall be substituted;(d) sections 54 and 55 shall be omitted;(e) in section 56,––(i) for the word “Tribunal”, wherever they occur,
the words “High Court” shall be substituted;(ii) sub-section (3) shall be omitted;(f) in section 57,–

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THE GAZETTE OF INDIA EXTRAORDINARY[PART II—(i) for the word “Tribunal”, wherever it occurs, thewords “High Court” shall be substituted;(ii) sub-section (5) shall be omitted;(g) sections 58 and 59 shall be omitted;(h) in section 89, the words “or the Tribunal” shallbe omitted.
CHAPTER X
AMENDMENTS TO THE CONTROL OF
NATIONAL HIGHWAYS (LAND AND TRAFFIC)
ACT, 2002
11. In the Control of National Highways (Land and Amendment of
Act 13 of 2003.
Traffic) Act, 2002,—(a) in section 2,–(i) clause (a) shall be omitted;(ii) after clause (d), the following clause shall beinserted, namely:––‘(da) “Court” means the principal Civil Court oforiginal jurisdiction in a district, and includes theHigh Court in exercise of its ordinary original civil
jurisdiction;’;(iii) clause (l) shall be omitted;(b) in Chapter II, in the Chapter heading, thewords “AND TRIBUNALS, ETC.” shall be omitted;(c) section 5 shall be omitted;(d) for section 14, the following section shall be
substituted, namely:–
Appeals.

“14. An appeal from any order passed, or any
action taken, excluding issuance or serving ofnotices, under sections 26, 27, 28, 36, 37 and 38 by
the Highway Administration or an officer authorisedon its behalf, as the case may be, shall lie to theSEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

Court.”;(e) sections 15 and 16 shall be omitted;(f) in section 17, for the word “Tribunal”, at boththe places where it occurs, the word “Court” shall be
substituted;(g) section 18 shall be omitted;(h) in section 19, for the word “Tribunal”, at boththe places where it occurs, the word “Court” shall be
substituted;(i) section 40 shall be omitted;(j) in section 41,––(i) the words “or every order passed or decision
made on appeal under this Act by the Tribunal”
shall be omitted;(ii) the words “or Tribunal” shall be omitted;(k) in section 50, in sub-section (2), clause (f) shallbe omitted.
CHAPTER XIAMENDMENTS TO THE FINANCE ACT, 2017
Amendment of
Act 7 of 2017.

12. In the Finance Act, 2017 (hereinafter referred toas the Finance Act),––(i) for section 184, the following section shall be
substituted, namely:—

Qualifications,
appointment,
etc.,of
Chairperson andMembersofTribunal.

“184. (1) 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:
Provided that a person who has not completed theage of fifty years shall not be eligible for appointment as
a Chairperson or Member:

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THE GAZETTE OF INDIA EXTRAORDINARY

Provided further that the allowances and benefits sopayable shall be to the extent as are admissible to a
Central Government officer holding the post carrying thesame pay:
Provided also that where the Chairperson or Member
takes a house on rent, he may be reimbursed a house rent
subject to such limits and conditions as may be provided
by rules.
(2) The Chairperson and Members of a Tribunal
shall be appointed by the Central Government on therecommendation of a Search-cum-Selection Committee(hereinafter referred to as the Committee) constituted
under sub-section (3), in such manner as the Central
Government may, by rules, provide.
(3) The Search-cum-Selection Committee shallconsist of—(a) the Chief Justice of India or a Judge ofSupreme Court nominated by him–– Chairperson of
the Committee;(b) two Secretaries nominated by the Governmentof India –– Members;(c) one Member, who––(i) in case of appointment of a Chairpersonof a Tribunal, shall be the outgoing
Chairperson of the Tribunal; or(ii) in case of appointment of a Member of a
Tribunal, shall be the sitting Chairperson of the
Tribunal; or(iii) in case of the Chairperson of the
Tribunal seeking re-appointment, shall be aretired Judge of the Supreme Court or a retired
Chief Justice of a High Court nominated by the
Chief Justice of India:
Provided that, in the following cases, such
Member shall always be a retired Judge of theSupreme Court or a retired Chief Justice of a[PART II—

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARYHigh Court nominated by the Chief Justice ofIndia, namely:––(i) Industrial Tribunal constituted by theCentral Government under the Industrial
14 of 1947.
Disputes Act, 1947;(ii) Tribunals and Appellate Tribunals
constituted under the Recovery of Debts Due toBanks and Financial Institutions Act, 1993;
51 of 1993.
(iii) Tribunals where the Chairperson or theoutgoing Chairperson, as the case may be, of
the Tribunal is not a retired Judge of theSupreme Court or a retired Chief Justice orJudge of a High Court; and(iv) such other Tribunals as may be notified
by the Central Government in consultation with
the Chairperson of the Search-cum-Selection
Committee of that Tribunal; and(d) the Secretary to the Government of India in
the Ministry or Department under which the
Tribunal is constituted or established –– MemberSecretary.
(4) The Chairperson of the Committee shall havethe casting vote.
(5) The Member-Secretary of the Committee
shall not have any vote.
(6) The Committee shall determine its procedure
for making its recommendations.
(7) Notwithstanding anything contained in any
judgment, order or decree of any court or in any law
for the time being in force, the Committee shallrecommend a panel of two names for appointment to
the post of Chairperson or Member, as the case may
be, and the Central Government shall take a decisionon the recommendations of the Committee preferably
within three months from the date on which theCommittee makes its recommendations to theGovernment.

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THE GAZETTE OF INDIA EXTRAORDINARY(8) No appointment shall be invalid merely byreason of any vacancy or absence in the Committee.
(9) The Chairperson and Member of a Tribunal
shall be eligible for re-appointment in accordance withthe provisions of this section:
Provided that in making such re-appointment,
preference shall be given to the service rendered bysuch person.
(10) The Central Government shall, on therecommendation of the Committee, remove fromoffice, in such manner as may be provided by rules,
any Member, who—(a) has been adjudged as an insolvent; or(b) has been convicted of an offence which
involves moral turpitude; or(c) has become physically or mentally
incapable of acting as such a Member; or(d) has acquired such financial or otherinterest as is likely to affect prejudicially his
functions as a Member; or(e) has so abused his position as to render his
continuance in office prejudicial to the public
interest:
Provided that where a Member is proposed tobe removed on any ground specified in clauses(b) to (e), he shall be informed of the charges
against him and given an opportunity of being
heard in respect of those charges.
Explanation.–– For the purposes of this section, theexpressions ––(i) “Tribunal” means a Tribunal, Appellate Tribunal
or Authority as specified in column (2) of the Eighth
Schedule;[PART II—

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY(ii) “Chairperson” includes Chairperson, Chairman,
President and Presiding Officer of a Tribunal;(iii) “Member” includes Vice-Chairman, ViceChairperson, Vice-President, Account Member,
Administrative Member, Judicial Member, Expert
Member, Law Member, Revenue Member andTechnical Member, as the case may be, of a
Tribunal.”;(ii) in section 184 as so substituted, after sub-section(10) and before the Explanation, the following subsection shall be inserted and shall be deemed to havebeen inserted with effect from the 26th May, 2017,
namely:––“(11) Notwithstanding anything contained in any
judgment, order, or decree of any court or any law for thetime being in force, ––(i) the Chairperson of a Tribunal shall hold office
for a term of four years or till he attains the age ofseventy years, whichever is earlier;(ii) the Member of a Tribunal shall hold office fora term of four years or till he attains the age of sixtyseven years, whichever is earlier:
Provided that where a Chairperson or Member isappointed between the 26th day of May, 2017 and thenotified date and the term of his office or the age ofretirement 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 ofretirement or both, as the case may be, of the Chairperson
or Member shall be as specified in his order of
appointment subject to a maximum term of office of five
years.”.
Amendment of
13. Section 186 of the Finance Act shall be
section 186.
renumbered as sub-section (1) thereof, and after subsection (1) as so renumbered, the following sub-section
shall be inserted, namely:––“(2) Subject to the provisions of sections 184 and185, neither the salary and allowances nor the other terms
and conditions of service of Chairperson, Vice-

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THE GAZETTE OF INDIA EXTRAORDINARY[PART II—

Chairperson, Chairman, Vice-Chairman, President, VicePresident, Presiding Officer or Member of the Tribunal,
Appellate Tribunal or, as the case may be, other
Authority may be varied to his disadvantage after his
appointment.”.
14. In the Finance Act, in the Eighth Schedule, ––Amendment ofEighthSchedule.

(i)items 10, 12, 14, and 15 shall be omitted;(ii) for item 16, the following item shall be
substituted, namely:––
(1)
16.

(2)
(3)
National Consumer The
Consumer
Disputes Redressal Protection Act, 2019
Commission(35 of 2019)

15. (1) Notwithstanding anything contained in any Transitionallaw for the time being in force, any person appointed as provisions.
the Chairperson or Chairman or President or Presiding
Officer or Vice-Chairperson or Vice-Chairman or VicePresident or Member of the Tribunal, Appellate Tribunal,
or, as the case may be, other Authorities specified in the
Schedule and holding office as such immediately before
the notified date, shall, on and from the notified date,cease to hold such office, and he shall be entitled to claim
compensation not exceeding three months' pay andallowances for the premature termination of term of his
office or of any contract of service.
(2) The officers and other employees of the
Tribunals, Appellate Tribunals and other Authorities
specified in the Schedule appointed on deputation, before
the notified date, shall, on and from the notified date,stand reverted to their parent cadre, Ministry or
Department.
(3) Any appeal, application or proceeding pending
before the Tribunal, Appellate Tribunal or other
Authorities specified in the Schedule, other than thosepending before the Authority for Advance Rulings underthe Income-tax Act, 1961, before the notified date, shall 43 of 1961.
stand transferred to the Court before which it would havebeen filed had this Ordinance been in force on the date offiling of such appeal or application or initiation of theSEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

proceeding, and the Court may proceed to deal with suchcases from the stage at which it stood before suchtransfer, or from any earlier stage, or de novo, as the
Court may deem fit.
(4) The balance of all monies received by, or
advanced to, the Tribunal, Appellate Tribunal or other
Authorities specified in the Schedule and not spent by it
before the notified date, shall, on and from the notified
date, stand transferred to the Central Government.
(5) All property of whatever kind owned by, or
vested in, the Tribunal, Appellate Tribunal or other
Authorities specified in the Schedule before the notified
date, shall stand transferred to, on and from the notified
date, and shall vest in the Central Government.
Powerremovedifficulties.

to16. (1) If any difficulty arises in giving effect to theprovisions of this Ordinance, the Central Government
may, by general or special order published in the Official
Gazette, make such provisions, not inconsistent with theprovisions of this Ordinance, as appear to it to benecessary or expedient for removing the difficulty.
(2) Every order made under this section shall, as
soon as may be after it is made, be laid before eachHouses of Parliament.

21

22

THE GAZETTE OF INDIA EXTRAORDINARY[PART II— SEC. 1]

THE SCHEDULE(See section 15)
1. Appellate Tribunal under Cinematograph Act, 1952 (37 of 1952).
2. Authority for Advance Rulings under Income-tax Act, 1961 (43 of 1961).

3. Airport Appellate Tribunal under Airports Authority of India Act, 1994 (Act 55 of 1994).
4. Intellectual Property Appellate Board under Trade Marks Act, 1999 (47 of 1999).
5. Plant Varieties Protection Appellate Tribunal under Protection of Plant Varieties andFarmers’ Rights Act, 2001 (53 of 2001).

RAM NATH KOVIND,

President.

————

DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—05GI(S3)—04-04-2021.

signed by
JAGANATHAN Digitally
JAGANATHAN ANANTHAKUMARANANTHA
Date: 2021.04.04 23:04:45+05'30'KUMAR