The Tribunals Reforms Act, 2021
Chapter XXVI MISCELLANEOUS
Chapter XXVI MISCELLANEOUS
31. Power to amend the Schedule.
- (1) If the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification published in the Official Gazette, amend the Schedule and thereupon, the said Schedule shall be deemed to have been amended accordingly.
- (2) A copy of every notification issued under sub-section (1) shall be laid before each House of Parliament as soon as may be after it is issued.
Chapter XXVI MISCELLANEOUS
32. Rules to be laid before Parliament.
Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Chapter XXVI MISCELLANEOUS
33. Transitional provisions.
- (1) Notwithstanding anything contained in any law for the time being in force, any person appointed as the Chairperson or Chairman or President or Presiding Officer or Vice-Chairperson or Vice-Chairman or Vice-President or Member of the Tribunal, Appellate Tribunal, or, as the case may be, other Authorities specified in the Second 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 and allowances 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 Second 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 Second Schedule, other than those pending before the Authority for Advance Rulings under the Income-tax Act, 1961 (43 of 1961), before the notified date, shall stand transferred to the court before which it would have been filed had this Act been in force on the date of filing of such appeal or application or initiation of the proceeding, and the court may proceed to deal with such cases from the stage at which it stood before such transfer, 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 Second 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 Second Schedule before the notified date, shall stand transferred to, on and from the notified date, and shall vest in the Central Government.
Chapter XXVI MISCELLANEOUS
34. Power to remove difficulties.
- (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by general or special order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of three years from the notified date.
- (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
Chapter XXVI MISCELLANEOUS
35. Repeal and saving.
- (1) The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 is hereby repealed.
- (2) Notwithstanding such repeal, anything done or any action taken under the Cinematograph Act, 1952 (37 of 1952), the Copyright Act, 1957 (14 of 1957), the Customs Act, 1962 (52 of 1962), the Patents Act, 1970 (39 of 1970), the Airports Authority of India Act, 1994 (55 of 1994), the Trade Marks Act, 1999 (47 of 1999), the Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999), the Protection of Plant Varieties and Farmers' Rights Act, 2001 (53 of 2001) and the Control of National Highways (Land and Traffic) Act, 2002 (13 of 2003), as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of those Acts, as amended by this Act.
PDF: pending for this language.