The Tribunals Reforms Act, 2026
Chapter IV MISCELLANEOUS
Civil202624 sections4 chapters
Chapter IV MISCELLANEOUS
19. Power of Commission to make regulations
Statutory text
- (1) The Commission may, in consultation with the Central Government, for the purposes of this Act, by notification in the Official Gazette, make regulations not inconsistent with this Act and the rules made thereunder.
- (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for––
- (a) the manner of holding and transaction of business of the Commission at its meetings under sub-section
- (1) of section 9;
- (b) the manner of advertisement of vacancies and processing of applications;
- (c) the manner of scrutiny of applications and weightage for assessment of candidates under the proviso to sub-section
- (4) of section 14; and
- (d) the manner of empanelment of experts, their terms and conditions of engagement including conflict of interest under sub-section
- (1) of section 15.
- (3) Every regulation 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 regulation or both Houses agree that the regulation should not be made, the regulation 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 regulation.
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20. Power of Central Government to make rules
Statutory text
- (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
- (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:,
- (a) the salaries, allowances and other terms and conditions of holding office of the Chairperson of the Commission and the Members of the Commission under sub-section
- (3) of section 5;
- (b) the manner of constitution of committee and for holding inquiry under sub-section
- (3) of section 6;
- (c) the administrative and financial powers of the Commission to be exercised by the Secretary of the Commission under sub-section
- (2) of section 8;
- (d) the number of officers and employees of the Secretariat and their appointment, terms and conditions of service under sub-section
- (3) of section 8;
- (e) the functions of the Secretariat under sub-section
- (4) of section 8;
- (f) the form for preparing annual statement of accounts under sub-section
- (1) of section 11;
- (g) the qualifications, manner of selection, appointment, salaries and allowances, resignation, removal and other conditions of service of the Chairperson and Members of Tribunals under sub-section
- (1) of section 14;
- (h) the comprehensive procedure for assessment of candidates under sub-section
- (4) of section 14;
- (i) the manner of conduct of inquiry under sub-section
- (2) of section 16; and
- (j) any other matter which is to be, or may be, prescribed for carrying out the purposes of this Act.
- (3) 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.
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21. Protection of action taken in good faith
Statutory text
No suit, prosecution or other legal proceeding shall lie against the Central Government or the Commission or any officer of the Central Government or the Chairperson of the Commission or any Member of the Commission or any other officer or employee of the Commission, for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.
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22. Act to have overriding effect
Statutory text
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment specified in column
- (3) of the First Schedule.
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23. Power to remove difficulties
Statutory text
- (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 date of commencement of this Act.
- (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
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24. Repeal and savings
Statutory text
- (1) The Tribunals Reforms Act, 2021 (33 of 2021) is hereby repealed.
- (2) Notwithstanding such repeal,
- (a) anything done or any action taken under the enactments specified in column
- (3) of the First Schedule, shall be as valid and as effective in law as if such thing or action was done or taken under the corresponding provisions of those enactments, as amended by the Second Schedule to this Act;
- (b) the salary, allowances and the other terms and conditions of service of the Chairperson and Members of a Tribunal specified in the First Schedule, appointed on or after the commencement of this Act, shall be governed by the provisions of this Act and the rules made thereunder;
- (c) the salary, allowances and other terms and conditions of service of the Chairperson and Members of any Tribunal specified in the First Schedule, whose appointments were made on or before the 1st October, 2021 based on the selection or recommendation of the Search-cum-Selection Committee made in accordance with the provisions of the respective enactments or the rules made thereunder, shall continue to be governed by such enactments or the rules made thereunder;
- (d) in other cases, where any person was appointed as the Chairperson or Member of a Tribunal in accordance with the provisions of Chapter II of the Tribunals Reforms Act, 2021 (33 of 2021), on or after the 4th April, 2021 and before the commencement of this Act, and holding office as such immediately before the date of commencement of this Act, shall continue to hold office till the completion of a term of five years from the date of such appointment, or the age of seventy years, or sixty-seven years, as the case may be, whichever is earlier, and shall be eligible for reappointment; and
- (e) subject to the provisions of clause (d), the salary, allowances and the other terms and conditions of service of the Chairperson and Members of any Tribunal specified in the First Schedule, who were appointed in accordance with the provisions of Chapter II of the Tribunals Reforms Act, 2021 (33 of 2021), before the commencement of this Act, and holding office as such on the date of commencement of this Act, may not be varied to their disadvantage till the completion of their respective term.
- (3) Notwithstanding the repeal of the Tribunals Reforms Act, 2021 (33 of 2021) and anything contained in any judgment, order or decree of any Court, or in any law for the time being in force,
- (a) any Search-cum-Selection Committee constituted in respect of any Tribunal specified in the First Schedule, as per the provisions of the Tribunals Reforms Act, 2021 (33 of 2021) or the rules made thereunder, prior to the establishment of the National Tribunals Commission under this Act, shall continue and complete the process of selection of Chairperson and Members of such Tribunal under the Tribunals Reforms Act, 2021 (33 of 2021), and the appointment, salary, allowances and the other terms and conditions of service of the Chairperson or Member so selected and appointed shall be governed by the provisions of this Act; and
- (b) the appointment of any person as Chairperson or Chairman or President or Vice-Chairperson or Vice-Chairman or Vice-President or Presiding Officer or Member of a Tribunal, Appellate Tribunal, or as the case may be, other Authority, on the basis of selection or recommendation already made by the Search-cum-Selection Committee in accordance with the provisions of Chapter II of the Tribunals Reforms Act, 2021 (33 of 2021), before the commencement of this Act, shall be deemed to have been made under the provisions of this Act.
- (4) Without prejudice to the provisions of sub-section (2), the provisions of section 6 of the General Clauses Act, 1897 (10 of 1897) shall apply with regard to the effect of repeal.
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