The Ministry of Law and Justice has issued an Ordinance to dismantle five appellate tribunals
The Ministry of Law and Justice has notified the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, which dissolves 5 appellate tribunals. The Ordinance amends the Finance Act, 2017 to include provisions relating to the composition of the search-cum-selection committees and the term of office of tribunal members. The National Consumer Disputes Redressal Commission established under the Consumer Protection Act, 2019 will now fall within the purview of the Finance Act, 2017. The Airport Appellate Tribunal established under the Airports Authority of India Act, 1994, the Appellate Board established under the Trade Marks Act, 1999, the Authority of Advanced Ruling established under the Income Tax Act, 1961, and the Film Certification Appellate Authority established under the Cinematograph Act, 1952, have all been removed from the purview of the Finance Act, 2017.
Respective High Courts will now have appellate powers under the Cinematograph Act, 1952, the Trade Marks Act, 1999, the Customs Act, 1962, the Patents Act, 1970, and the Geographical Indications of Goods (Registration and Protection) Act, 1999. Under the Copyright Act, 1957, a Commercial Court or the Commercial Division of a High Court will be the appellate body. The Airport Appellate Tribunal’ s powers have been transferred to the civil courts under the Control of National Highways (Land and Traffic) Act, 2002. The tribunal’ s powers under the Airports Authority of India Act, 1994 now lie with the central government and High Courts based on the type of dispute.