The Tribunals Reforms Act, 2021

Short title and commencement(1) This Act may be called the Tribunals Reforms Act, 2021. (2) It shall be deemed to have come into force on the 4th April, 2021.

Definitions.--In this Act, unless the context otherwise requires,-- (a) “Chairperson” includes Chairperson, Chairman, President and Presiding Officer of a Tribunal; (b) “Member” includes Vice-Chairman, Vice-Chairperson, Vice-President, Account Member,Administrative Member, Judicial Member, Expert Member, Law Member, Revenue Member andTechnical Member of a Tribunal; (c) “notified date” means the 4th April, 2021; (d) “Schedule” means the Schedule appended to this Act; (e) “Tribunal” means a Tribunal, Appellate Tribunal or Authority as specified in column (2) ofthe First Schedule

Qualifications, appointment, etc., of Chairperson and Members of Tribunal.--(1)Notwithstanding anything contained in any judgment, order or decree of any court, or in any law for thetime being in force, the Central Government may, by notification in the Official Gazette, make rules toprovide for the qualifications, appointment, salaries and allowances, resignation, removal and otherconditions of service of the Chairperson and Member of a Tribunal after taking into consideration theexperience, specialisation in the relevant field and the provisions of this Act: Provided that a person who has not completed the age of fifty years shall not be eligible forappointment as a Chairperson or Member. (2) The Chairperson and the Member of a Tribunal shall be appointed by the Central Government onthe recommendation of a Search-cum-Selection Committee constituted under sub-section (3), in suchmanner as the Central Government may, by rules, provide. (3) The Search-cum-Selection Committee, except for the State Administrative Tribunal, shall consistof-- (a) a Chairperson, who shall be the Chief Justice of India or a Judge of Supreme Court nominatedby him; (b) two Members, who are Secretaries to the Government of India to be nominated by thatGovernment; (c) one Member, who -- (i) in case of appointment of a Chairperson of a Tribunal, shall be the outgoing Chairpersonof that Tribunal; or (ii) in case of appointment of a Member of a Tribunal, shall be the sitting Chairperson of thatTribunal; or (iii) in case of the Chairperson of the Tribunal seeking re-appointment, shall be a retiredJudge of the Supreme Court or a retired Chief Justice of a High Court, to be nominated by theChief 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 High Court, to be nominated by the Chief Justice ofIndia, namely:-- (i) Industrial Tribunal constituted by the Central Government under the IndustrialDisputes Act, 1947 (14 of 1947); (ii) Debt Recovery Tribunal and Debt Recovery Appellate Tribunal established under theRecovery of Debts and Bankruptcy Act, 1993 (51 of 1993); (iii) where the Chairperson or the outgoing Chairperson, as the case may be, of a Tribunalis not a retired Judge of the Supreme Court or a retired Chief Justice or Judge of a HighCourt; and (iv) such other Tribunals as may be notified by the Central Government, in consultationwith 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 theTribunal is constituted or established--Member-Secretary: Provided that the Search-cum-Selection Committee for a State Administrative Tribunal shallconsist of-- (a) the Chief Justice of the High Court of the concerned State--Chairman; (b) the Chief Secretary of the concerned State Government--Member; (c) the Chairman of the Public Service Commission of the concerned State--Member; (d) one Member, who-- (i) in case of appointment of a Chairman of the Tribunal, shall be the outgoing Chairmanof the Tribunal; or (ii) in case of appointment of a Member of the Tribunal, shall be the sitting Chairman ofthe Tribunal; or (iii) in case of the Chairman of the Tribunal seeking re-appointment, shall be a retiredJudge of a High Court nominated by the Chief Justice of the High Court of the concernedState: Provided that such Member shall always be a retired Judge of a High Court nominated by theChief Justice of the High Court of the concerned State, if the Chairperson or the outgoingChairperson of the State Administrative Tribunal, as the case may be, is not a retired Chief Justiceor Judge of a High Court; (e) the Secretary or the Principal Secretary of the General Administrative Department of theconcerned State--Member-Secretary. (4) The Chairperson of the Search-cum-Selection Committee shall have the casting vote. (5) The Member-Secretary of the Search-cum-Selection Committee shall not have any vote. (6) The Search-cum-Selection Committee shall determine the procedure for making itsrecommendations. (7) Notwithstanding anything contained in any judgment, order or decree of any court, or in anylaw for the time being in force, the Search-cum-Selection Committee shall recommend a panel of twonames for appointment to the post of Chairperson or Member, as the case may be, and the CentralGovernment shall take a decision on the recommendations made by that Committee, preferablywithin three months from the date of such recommendation. (8) No appointment shall be invalid merely by reason of any vacancy or absence of a Member inthe Search-cum-Selection Committee.

Removal of Chairperson or Member of Tribunal.--The Central Government shall, on therecommendation of the Committee, remove from office, in such manner as may be provided by rules, anyChairperson or a 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 Chairperson or Member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions assuch Chairperson or Member; or (e) has so abused his position as to render his continuance in office prejudicial to the publicinterest: Provided that where the Chairperson or Member is proposed to be removed on any ground specifiedin clauses (c) to (e), he shall be informed of the charges against him and given an opportunity of beingheard in respect of those charges.

Term of office of Chairperson and Member of Tribunal.--Notwithstanding anything containedin any judgment, order or decree of any court, or in any law for the time being in force,-- (i) the Chairperson of a Tribunal shall hold office for a term of four years or till he attains the ageof seventy years, whichever is earlier; (ii) the Member of a Tribunal shall hold office for a term of four years or till he attains the age ofsixty-seven years, whichever is earlier: Provided that where a Chairperson or Member is appointed between the 26th day of May, 2017 andthe notified date, and the term of his office or the age of retirement specified in the order of appointmentissued 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 of retirement or both, as thecase may be, of the Chairperson or Member shall be as specified in his order of appointment, subject to amaximum term of office of five years.