Lok Sabha Question No. 3932 (UNSTARRED), answered on 2016-12-09
Subject: Tribunals to hear Appeals
Ministry: FINANCE
Asked by: AJAY (TENI) MISRA

## GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF ECONOMIC AFFAIRS

## LOK SABHA Unstarred Question No.3932

Friday, December 9, 2016 / Agrahayana 18, 1938 (Saka)

## Tribunals to hear Appeals against SEBI

## 3932: SHRI AJAY MISRA TENI:

Will the Minister of FINANCE be pleased to state:

- (a) whether  the  Government  has  made  an  assessment  on  the  relevance  of  the tribunals  constituted  for  hearing  appeals  against  the  orders  of  Securities  and Exchange Board of India (SEBI), Telecom Regulatory Authority of India (TRAI) and Competition Commission;
- (b) if so, the details thereof and outcome thereon;
- (c) whether the Government has taken this step taking into account that most of the companies appeal against the decision of the tribunals in the High Courts; and
- (d) if so, the details thereof?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI ARJUN RAM MEGHWAL)

(a) to (d):  Department of Legal Affairs (DLA), Ministry of Law & Justice has informed that in order to assess the relevance of the Tribunals for better governance a  study was  commissioned  to  Indian  Law  Institute  (ILI).    ILI  in  its  report  considered  36 Tribunals (Annexure) and after assessing the purpose, function and scope of these Tribunals,  recommended that the number of these Tribunals can be reduced to 17. Further,  an  Inter-Ministerial  Group  (IMG)  was  constituted  by  DLA  on  5 th   February, 2016.    The  IMG  examined  the  merger/convergence  of  36  Tribunals  on  three parameters  of  their  (i)  functional  requirements;  (ii)  qualifications,  and  (iii)  workload. The IMG has, inter alia, recommended to reduce the 36 Tribunals to 18 Tribunals and the  DLA  shall  be  the  nodal  Agency.    Thereafter,  a  three  phase  Action  Plan  for  the proposed  Merger  of  Tribunals  has  been  prepared  in  consultation  with  all  the concerned administrative  Ministries/Departments.    A  draft  Note  for  the  Cabinet  has already been circulated to the concerned administrative Ministries/Departments of the Tribunals included in the first phase of Action Plan.

…..

## ANNEXURE REFERRED TO IN REPLY TO PARTS (a) TO (d) OF UNSTARRED QUESTION NO.3932 BY SHRI AJAY MISRA TENI TO BE ANSWERRED IN LOK SABHA ON 9.12.2016 REGARDING TRIBUNALS TO HEAR APPEALS AGAINST SEBI.

|   Sl. No. | Name of the Tribunal                                                                                      | Act of Parliament under which established                                      |
|-----------|-----------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------|
|         1 | Airport Appellate Tribunal                                                                                | Airport Authority of India Act, 1994                                           |
|         2 | Airport Economic Regulatory Authority Appellate Tribunal                                                  | Airport Economic Regulatory Authority of India Act, 2008                       |
|         3 | Appellate Authority for Industrial and Financial Reconstruction                                           | Sick Industrial Companies (Special Provision) Act, 1985                        |
|         4 | Appellate Tribunal for Electricity                                                                        | Electricity Act, 2003                                                          |
|         5 | Appellate Tribunal for Foreign Exchange                                                                   | Foreign Exchange Management Act, 1999                                          |
|         6 | Appellate Tribunal for Forfeited Property                                                                 | Narcotics Drug and Psychotropic Substances Act, 1985                           |
|         7 | Appellate Tribunal for Forfeiture of Property                                                             | Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 |
|         8 | Appellate Tribunal for Prevention of Money Laundering                                                     | Prevention of Money Laundering Act, 2002                                       |
|         9 | Armed Forces Tribunal                                                                                     | Armed Forces Tribunal, Act 2007                                                |
|        10 | Authority for Advance Rulings (Central Excise Customs and Services Tax)                                   | Customs Act, 1962                                                              |
|        11 | Authority for Advance Rulings (Income Tax)                                                                | Income Tax Act, 1961 (S. 245 O)                                                |
|        12 | Board for Industrial and Financial Reconstruction                                                         | Sick Industrial Companies (Special Provision) Act, 1985                        |
|        13 | Cauvery Water Dispute Tribunal                                                                            | Article 262, Inter-State Water River Disputes Act, 1956                        |
|        14 | Central Administrative Tribunals                                                                          | Administrative Tribunals Act, 1985                                             |
|        15 | Customs, Excise and Service Tax Appellate Tribunal                                                        | Customs Act, 1962                                                              |
|        16 | Central Sales Tax Appellate Authority                                                                     | Central Sales Tax Act, 1956                                                    |
|        17 | Company Law Board (replaced by National Company Law Tribunal and National Company Law Appellate Tribunal) | Companies Act, 2013                                                            |
|        18 | Competition Appellate Tribunal                                                                            | Competition Act, 2002                                                          |
|        19 | Cyber Appellate Tribunal                                                                                  | Information Technology Act, 2000                                               |
|        20 | Debt Recovery Appellate Tribunal                                                                          | The Recovery of Debt Due to Banks and Financial Institutions Act, 1993         |
|        21 | Debt Recovery Tribunal                                                                                    | The Recovery of Debt Due to Banks and Financial Institutions Act, 1993         |
|        22 | Employees, Provident Funds Appellate Tribunal                                                             | Employees Provident Funds and Miscellaneous Provisions Act, 1952               |
|        23 | Film Certification Appellate Tribunal                                                                     | Cinematograph Act, 1952                                                        |
|        24 | Income Tax Appellate Tribunal                                                                             | Income Tax Act, 1961                                                           |
|        25 | Intellectual Property Appellate Tribunal                                                                  | Trade Marks Act, 1999                                                          |
|        26 | Krishna River Water Dispute Tribunal                                                                      | Article 262, Inter-State Water River Disputes Act, 1956                        |
|        27 | Mahadayi Water Dispute Tribunal                                                                           | Article 262, Inter-State Water River Disputes Act, 1956                        |
|        28 | National Consumer Disputes Redressal Commission                                                           | Consumer Protection Act, 1986                                                  |
|        29 | National Green Tribunal                                                                                   | National Green Tribunal Act, 2010                                              |
|        30 | National Highways Tribunal                                                                                | Control of National Highways (Land & Traffic)Act, 2002                         |
|        31 | Railways Claims Tribunals                                                                                 | Railways Claims Tribunal Act, 1987                                             |
|        32 | Railway Rates Tribunals                                                                                   | Railways Act, 1989                                                             |
|        33 | Ravi and Beas Water Dispute Tribunal                                                                      | Article 262, Inter-State Water River Disputes Act, 1956                        |
|        34 | Securities Appellate Tribunal                                                                             | Securities and Exchange Board of India Act, 1992                               |
|        35 | Telecom Disputes Settlement and Appellate Tribunals                                                       | Telecom Regulatory Authority of India Act, 1997                                |
|        36 | Vansadhara River Water Dispute Tribunal                                                                   | Article 262, Inter-State Water River Disputes Act, 1956                        |