AMENDMENTS TO THE TRADE MARKS ACT, 1999

1999 · State unknown · central · act_text

Sections (40)

1 · Short title and commencement . — (1) This Act may be called the Tribunals Reforms Act, 2021.

2 · Definitions . — In this Act, unless the context otherwise requires,—

3 · 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 the time being in force, the Central Government may, by notification in the Official Gazette, make rules to provide for the qualifications, appointment, salaries and allowances, resignation, removal and other conditions of service of the Chairperson and Member of a Tribunal after taking into consideration the experience, specialisation in the relevant field and the provisions of this Act:

4 · Removal of Chairperson or Member of Tribunal . — The Central Government shall, on the recommendation of the Committee, remove from office, in such manner as may be provided by rules, any Chairperson or a Member, who—

5 · Term of office of Chairperson and Member of Tribunal . —N —Notwithstanding anything contained in any judgment, order or decree of any court, or in any law for the time being in force,—

6 · Eligibility for re-appointment . — (1) The Chairperson and Member of a Tribunal shall be eligible for re -appointment in accordance with the provisions of this Act:

7 · Salary and allowances . — (1) Notwithstanding anything contained in any judgment, order or decree of any court, or in any law for the time being in force, and without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for the salary of the Chairperson and Member of a Tribunal and they shall be paid allowances and benefits to the extent as are admissible to a Central Government officer holding the post carrying the same pay:

8 · Amendment of Act 14 of 1947 . — In section 7D of the Industrial Disputes Act, 1947, for the words and figures " Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), be governed by the provisions of the section 184 of that Act " , the words and figures " the  Tribunals Reforms Act, 2021, be governed by the provisions of Chapter II of the said Act " shall be substituted .

9 · Amendment of Act 37 of 1952 . — In the Cinematograph Act, 1952,—

10 · Amendment of Act 14 of 1957 . — In the Copyright Act, 1957,—

11 · Amendment of Act 43 of 1961 . — In section 252A of the Income -tax Act, 1961, for the words and figures " Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act " , the words and figures " the  Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act " shall be substituted.

12 · Amendment of Act 52 of 1962 . — In the Customs Act, 1962, —

13 · Amendment of Act 39 of 1970 . — In the Patents Act, 1970, —

14 · Amendment of Act 13 of 1976 . — In section 12A of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, for the words and figures " Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act " , the words and figures " the  Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act " shall be substituted.

15 · Amendment of Act 13 of 1985 . — In section 10B of the Administrative Tribunals Act, 1985, for the words and figures " Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act " , the words and figures " the *Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act " shall be substituted.

16 · Amendment of Act 54 of 1987 . — In section 9A of the Railway Claims Tribunal Act, 1987, for the words and figures " Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act " , the words and figures " the *Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act " shall be substituted.

17 · Amendment of Act 15 of 1992 . — In section 15QA of the Securities and Exchange Board of India Act, 1992, for the words and figures " Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act " , the words and figures " the *Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act " shall be substituted.

18 · Amendment of Act 51 of 1993 . — In the Recovery of Debts and Bankruptcy Act, 1993,—

19 · Amendment of Act 55 of 1994 . — In the Airports Authority of India Act, 1994,—

20 · Amendment of Act 24 of 1997 . — In section 14GA of the Telecom Regulatory Authority of India Act, 1997, for the words and figures " Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of section 184 of that Act " , the words and figures " the *Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act " shall be substituted.

21 · Amendment of Act 47 of 1999 . — In the Trade Marks Act, 1999, —

22 · Amendment of Act 48 of 1999 . — In the Geographical Indications of Goods (Registration and Protection) Act, 1999,—

23 · Amendment of Act 53 of 2001 . — In the Protection of Plant Varieties and Farmers' Rights Act, 2001,—

24 · Amendment of Act 13 of 2003 . — In the Control of National Highways (Land and Traffic) Act, 2002,—

25 · Amendment of Act 36 of 2003 . — In section 117A of the Electricity Act, 2003, for the words and figures " Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act " , the words and figures " the  Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act " shall be substituted.

26 · Amendment of Act 55 of 2007 . — In section 9A of the Armed Force Tribunal Act, 2007, for the words and figures " Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the

27 · Amendment of Act 19 of 2010 . — In section 10A of the National Green Tribunal Act, 2010, for the words and figures " Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act " , the words and figures " the *Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act " shall be substituted.

28 · Amendment of Act 18 of 2013 . — In section 417A of the Companies Act, 2013, for the words and figures " Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act " , the words and figures " the *Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act " shall be substituted.

29 · Amendment of Act 7 of 2017 . — In the Finance Act, 2017, sections 183 and 184 and the Eighth Schedule shall be omitted.

30 · Amendment of Act 35 of 2019 . — In section 55 of the Consumer Protection Act, 2019, after sub -section (1), the following sub-section shall be inserted, namely:—

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.

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.

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.

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:

35 · Repeal and saving . — (1) The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 is hereby repealed.

5 · Plant Varieties Protection Appellate Tribunal under Protection of Plant Varieties and Farmer's Rights Act, 2001 (53 of 2001).

2 · In the second phase, analysis of data of the last three years has shown that tribunals in several sectors have not necessarily led to faster justice delivery and they are also at a considerable expense to the exchequer. The Hon'ble Supreme Court has deprecated the practice of tribunalisation of justice and filing of appeals directly from tribunals to the Supreme Court in many of its judgements, including S.P Sampath Kumar versus Union of India (1987) 1 SCC 124, L. Chandra Kumar versus Union of India (1997) 3 SCC 261, Roger Mathew versus South Indian Bank Limited (2020) 6 SCC 1 and Madras Bar Association versus Union of India and another (2020) SCC Online SC 962. Therefore, further streamlining of tribunals was considered necessary as it would save considerable expense to the exchequer and at the same time, lead to speedy delivery of justice.

3 · Accordingly, the Tribunals Reforms (Rationalisation and Conditions of Service) Bill, 2021 was introduced in Lok Sabha on the 13th February, 2021 proposing to abolish certain more tribunals and authorities and to provide for a mechanism to file appeal directly to the Commercial Court or the High Court, as the case may be. However, as the Bill could not be passed in the Budget Session of Parliament and there was an immediate need for legislation, the President promulgated the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 on 4th April, 2021 under clause (1) of article 123 of the Constitution.

4 · The Tribunals Reforms (Rationalisation and Conditions of Service) Bill, 2021 which seeks to replace the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 (Ord. 2 of 2021), inter alia provides for—

6 · The Bill seeks to replace the aforesaid Ordinance.

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