Cyber Appellate Tribunal has been established under the Information Technology Act, 2000. The first and the only Cyber Appellate Tribunal in the country has been established by the Central Government in accordance with the provisions contained under Section 48(1) of the Information Technology Act, 2000.
The Cyber Appellate Tribunal has, for the purposes of discharging its functions under the I.T. Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908. However, the procedure laid down by the Code of Civil Procedure, 1908 applies but at the same time the Tribunal is guided by the principles of natural justice.
The Cyber Appellate Tribunal has powers to regulate its own procedure including the place at which it has its sittings. Every proceeding before the Cyber Appellate Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the Indian Penal Code and the Cyber Appellate Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
Competition Appellate Tribunals(Compat)
The Competition Appellate Tribunal is a statutory organization established under the provisions of the Competition Act, 2002 to hear and dispose of appeals against any direction issued or decision made or order passed by the Competition Commission of India under sub-sections (2) and (6) of section 26, section 27, section 28, section 31, section 32, section 33, section 38, section 39, section 43, section 43A, section 44, section 45 or section 46 of the Competition Act, 2002. The Appellate Tribunal shall also adjudicate on claim for compensation that may arise from the findings of the Competition Commission of India or the orders of the Appellate Tribunal in an appeal against any findings of the Competition Commission of India or under section 42A or under sub-section (2) of section 53Q of the Act and pass orders for the recovery of compensation under section 53N of the Act.
The Central Government has set up the Appellate Tribunal on 15th May, 2009 having its Headquarter at New Delhi. Hon’ble Dr. Justice Arijit Pasayat, former Judge of Supreme Court, has been appointed as the First Chairperson of the Appellate Tribunal. Besides, the Chairperson, the Appellate Tribunal shall consist of not more than two Members to be appointed by the Central Government. The Chairperson of the Appellate Tribunal shall be a person, who is, or has been a Judge of the Supreme Court or the Chief Justice of a High Court. A Member of the Appellate Tribunal shall be a person of ability, integrity and standing having special knowledge of, and professional experience of not less than twenty-five years in, competition matters, including competition law and policy, international trade, economics, business, commerce, law, finance, accountancy, management, industry, public affairs, administration or in any other matter which in the opinion of the Central Government, may be useful to the Appellate Tribunal. The Chairperson or a Member of the Appellate Tribunal shall hold office for a term of five years and shall be eligible for re-appointment. Provided that no Chairperson or other Member of the Appellate Tribunal shall hold office after he has attained the age of sixty-eight years or sixty-five years respectively.
Every appeal shall be filed within a period of 60 days from the date on which a copy of the direction or decision or order made by the Competition Commission of India is received and it shall be in the prescribed form and be accompanied by the prescribed fees. The Appellate Tribunal may entertain an appeal after the expiry of the period of 60 days if it is satisfied that there was sufficient cause for not filing it within that period.
The Appellate Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules made by the Central Government. The Appellate Tribunal shall have, for the purposes of discharging its functions under the Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908). Every order made by the Appellate Tribunal shall be enforced by it in the same manner as if it were a decree made by a court in a suit pending therein. If any person contravenes, without any reasonable ground, any order of the Appellate Tribunal, he shall be liable for a penalty of not exceeding rupees one crore or imprisonment for a term up to three years or with both as the Chief Metropolitan Magistrate, Delhi may deem fit.
Debt recovery tribunal &Appellate Tribunal.
The Debts Recovery Tribunals (DRTs) and Debts Recovery Appellate Tribunal (DRATs) were established under the Recovery of Debts Due to Banks and Financial Institutions Act (RDDBFI Act), 1993 with the specific objective of providing expeditious adjudication and recovery of debts due to Banks and Financial Institution. Presently 38 DRT’s and 5 DRAT’s are functioning in India.
The Electricity Act, 2003
The Electricity Bill, 2001 was introduced in Lok Sabha on 30th August, 2001 and was subsequently referred to the Standing Committee on Energy for examination and report. The Standing Committee submitted its report on 19th December, 2002. Based on the recommendations of the Standing Committee on Energy, the Government of India moved certain amendments. The Electricity Bill, 2001 along with these amendments, was passed by Lok Sabha on 9th April, 2003
APPELLATE TRIBUNAL FOR ELECTIRICITY Section 110.
(Establishment of Appellate Tribunal): The Central Government shall, by notification, establish an Appellate Tribunal to be known as the Appellate Tribunal for Electricity to hear appeals against the orders of the adjudicating officer or the Appropriate Commission under this Act.
Section 111. (Appeal to Appellate Tribunal):—
- Any person aggrieved by an order made by an adjudicating officer under this Act (except under section 127) or an order made by the Appropriate Commission under this Act may prefer an appeal to the Appellate Tribunal for Electricity: Provided that any person appealing against the order of the adjudicating officer levying any penalty shall, while filing the appeal , deposit the amount of such penalty: Provided further that wherein any particular case, the Appellate Tribunal is of the opinion that the deposit of such penalty would cause undue hardship to such person, it may dispense with such deposit subject to such conditions as it may deem fit to impose so as to safeguard the realisation of penalty. (2) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made by the adjudicating officer or the Appropriate Commission is received by the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed: Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period. (3) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. (4) The Appellate Tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned adjudicating officer or the Appropriate Commission, as the case may be. (5) The appeal filed before the Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavor shall be made by it to dispose of the appeal finally within one hundred and eighty days from the date of receipt of the appeal: Provided that where any appeal could not be disposed of within the said period of one hundred and eighty days, the Appellate Tribunal shall record its reasons in writing for not disposing of the appeal within the said period. (6) The Appellate Tribunal may, for the purpose of examining the legality, propriety or correctness of any order made by the adjudicating officer or the Appropriate Commission under this Act, as the case may be, in relation to any proceeding, on its own motion or otherwise, call for the records of such proceedings and make such order in the case as it thinks fit.
- Section 112. (Composition of Appellate Tribunal): —
- The Appellate Tribunal shall consist of a Chairperson and three other Members.
- Subject to the provisions of this Act,-
(a) the jurisdiction of the Appellate Tribunal may be exercised by Benches thereof;
(b) a Bench may be constituted by the Chairperson of the Appellate Tribunal with two or more Members of the Appellate Tribunal as the Chairperson of the Appellate Tribunal may deem fit: Provided that every Bench constituted under this clause shall include at least one Judicial Member and one Technical Member;
(c) the Benches of the Appellate Tribunal shall ordinarily sit at Delhi and such other places as the Central Government may, in consultation with the Chairperson of the Appellate Tribunal, notify;
(d) the Central Government shall notify the areas in relation to which each Bench of the Appellate Tribunal may exercise jurisdiction. The Electricity Act, 2003
(3) Notwithstanding anything contained in sub-section (2), the Chairperson of the Appellate Tribunal may transfer a Member of the Appellate Tribunal from one Bench to another Bench.
- Section 113. (Qualification for appointment of Chairperson and Members of Appellate Tribunal): — (1) A person shall not be qualified for appointment as the Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal unless he- (a) in the case of the Chairperson of the Appellate Tribunal, is, or has been, a judge of the Supreme Court or the Chief Justice of a High Court; and (b) in the case of a Member of the Appellate Tribunal,- (i) is, or has been, or is qualified to be, a Judge of a High Court; or (ii) is, or has been, a Secretary for at least one year in the Ministry or Department of the Central Government dealing with economic affairs or matters or infrastructure; or (iii) is, or has been, a person of ability and standing, having adequate knowledge or experience in dealing with the matters relating to electricity generation, transmission and distribution and regulation or economics, commerce, law or management. (2) The Chairperson of the Appellate Tribunal shall be appointed by the Central Government after consultation with the Chief Justice of India. The Electricity Act, 2003 – (3) The Members of the Appellate Tribunal shall be appointed by the Central Government on the recommendation of the Selection Committee referred to in section 78. (4) Before appointing any person for appointment as Chairperson or other Member of the Appellate Tribunal, the Central Government shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as such Chairperson or Member.
Section 117. (Resignation and Removal): –— (1) The Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal may, by notice in writing under his hand addressed to the Central Government, resign his office: Provided that the Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of term of office, whichever is the earliest. (2) The Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal shall not be removed from his office except by an order by the Central Government on the ground of proved misbehavior or incapacity after an inquiry made by a judge of the Supreme Court as the Central Government may appoint for this purpose in which the Chairperson or a Member of the Appellate Tribunal concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of such charges.
Section 120. (Procedure and powers of Appellate Tribunal): — (1) The Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice and, subject to the other provisions of this Act, the Appellate Tribunal shall have powers to regulate its own procedure. (2) The Appellate Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872, requisitioning any public record or document or copy of such record or document from any office; (e) issuing commissions for the examination of witnesses or documents; (f) reviewing its decisions; (g) dismissing a representation of default or deciding it ex parte; (h) setting aside any order of dismissal or any representation for default or any order passed by it ex parte; (i) any other matter which may be prescribed by the Central Government. (3) An order made by the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of civil court and, for this purpose, the Appellate Tribunal shall have all the powers of a civil court. (4) Notwithstanding anything contained in sub-section (3), the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court. The Electricity Act, 2003 (5) All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code and the Appellate Tribunal shall be deemed to be a civil court for the purposes of section 345 and 346 of the Code of Criminal Procedure, 1973 .
Section 121. (Power of Appellate Tribunal): The Appellate Tribunal may, after hearing the Appropriate Commission or other interested party, if any, from time to time, issue such orders, instructions or directions as it may deem fit, to any Appropriate Commission for the performance of its statutory functions under this Act.]
Section 123. (Decision to be by majority): If the Members of the Appellate Tribunal of a Bench consisting of two Members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson of the Appellate Tribunal who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members of the Appellate Tribunal and such point or points shall be decided according to the opinion of the majority of the Members of the Appellate Tribunal who have heard the case, including those who first heard it.
Section 124. (Right of appellant to take assistance of legal practitioner and of Appropriate Commission to appoint presenting officers): — (1) A person preferring an appeal to the Appellate Tribunal under this Act may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Appellate Tribunal, as the case may be. 1 Subs. by Act 57 of 2003, Sec. 4 (w.e.f. 27th January, 2004). The Electricity Act, 2003 (2) The Appropriate Commission may authorise one or more legal practitioners or any of its officers to act as presenting officers and every person so authorised may present the case with respect to any appeal before the Appellate Tribunal, as the case may be.
Section 125. (Appeal to Supreme Court):Any person aggrieved by any decision or order of the Appellate Tribunal, may, file an appeal to the Supreme Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal, to him, on any one or more of the grounds specified in section 100 of the Code of Civil Procedure,1908: Provided that the Supreme Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.
Maharashtra Electricity Regulatory commission/ Appellate Tribunals for Electricity
On 10th June, 2003, the Electricity Act was notified by the Govt. of India. This Act seeks to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures conducive to development of electricity industry, promoting competition therein, protecting interest of consumers and supply of electricity to all areas, rationalization of electricity tariff ensuring transparent policies regarding subsidies, promotion of efficient and environmentally benign policies, constitution of Central Electricity Authority, Regulatory Commissions and establishment of Appellate Tribunal and for matters connected therewith or incidental thereto. The Act extends to the whole of India except the state of Jammu & Kashmir.
EPF Appellate Tribunals
The tribunal holds the jurisdiction for matters relating to EPF.
Model GST Act defines the phrase “adjudicating authority” as any authority competent to pass any order or decision under this Act, but does not include the Board, the First Appellate Authority and the Appellate Tribunal. Thus, in a way, any decision or order passed under the Act is an act of “adjudication”.
Some examples are:- cancellation of registration, best judgment assessment, decision on a refund claim, imposition of a penalty.
Steps of appeals under GST
|Appeal level||Orders passed by….||Appeal to ——-||Sections model law of|
|1st||Adjudicating Authority||First Appellate Authority||79|
|2nd||First Appellate Authority||Appellate Tribunal||81,82,83,84|
|3rd||Appellate Tribunal||High Court||87|
|4th||High Court||Supreme Court||88,89|
General rules for filing GST appeals
All appeals must be made in prescribed forms along with the required fees.
Fee will be-
–The full amount of tax, interest, fine, fee and penalty arising from the challenged order, as admitted by appellant,
–10% of the disputed amount
For Serious cases, i.e., disputed tax liability is above 25 crores, the tax authorities can demand a higher pre-deposit up to 25% of the disputed tax amount.
In cases where an officer or the Commissioner of GST is appealing then fees will not be applicable.
Can an authorized representative appear in court?
Yes. Any person required to appear before a GST Officer/First Appellate Authority/Appellate Tribunal can assign an authorized representative to appear on his behalf, unless he is required by the Act to appear personally.
An authorized representative can be-
- a relative
- a regular employee
- a lawyer practicing in any court in India
- any chartered accountant/cost accountant/company secretary, with a valid certificate of practice
- a retired officer of the Tax Department of any State Government or of the Excise Dept. whose rank was minimum Group-B gazette officer.
- any tax return preparer
Retired officers cannot appear in place of the concerned person within 1 year from the date of their retirement.
Appeal cannot be filed in certain cases
The Board or the State Government may, on the recommendation of the Council, fix monetary limits for appeals by the GST officer to regulate the filing of appeal and avoid unnecessary litigation expenses
Can all decisions be appealed against?
No. Appeals cannot be made for the following decisions taken by a GST officer-
- An order to transfer the proceedings from one officer to another officer
- An order to seize or retain books of account and other documents; or
- An order sanctioning prosecution under the Act; or
- An order allowing payment of tax and other amount in installments
A person unhappy with any decision or order passed against him under GST by an adjudicating authority can appeal to the First Appellate Authority.
Central Government Industrial Tribunal-cum-Labor Courts (CGITs)
- Central Government Industrial Tribunal-cum-Labour Courts (CGIT-cum-LCs) are set up under the provisions of Industrial Disputes Act, 1947 for adjudication of industrial disputes arising in Central Sphere. There are 22 CGIT-cum-LCs set up in various States, out of which 10 are under Non-Plan and 12 under Plan Scheme. The CGIT-cum-LC No.1, Mumbai and CGIT-cum-LC, Kolkata also function as National Tribunals. These CGIT-cum-LCs are headed by Presiding Officers who are selected from amongst High Court Judges (serving/retired) or Distt./Addl. Distt. Judges (serving/retired).
- The CGIT-cum-LCs have been set up with the objective of maintaining peace and harmony in the industrial sector by quick and timely disposal of industrial disputes through adjudication so that industrial growth does not suffer on account of any widespread industrial unrest. Moreover, due to increasing awareness about their rights and Labour laws among the workers, there is a gradual increase in the number of cases being filed under the I.D.Act before the CGIT-cum-LCs. Restructuring of workforce on account of application of latest technology in the industries has also resulted in retrenchment, declaration of surplus etc. which has further led to an increase in workers’ grievances.
Income tax appellate tribunal.
ITAT is a quasi judicial institution set up in January, 1941 and specializes in dealing with appeals under the Direct Taxes Acts. The orders passed by the ITAT are final, an appeal lies to the High Court only if a substantial question of law arises for determination.
Starting in 1941 with six Members constituting three Benches – one each at Delhi, Kolkata (Calcutta) and Mumbai (Bombay), the numbers of Benches have progressively increased and presently ITAT has 63 Benches at 27 different stations covering almost all the cities having a seat of the High Court.
Historically speaking, tax was introduced in India by the Act of 1860, where assessment was made by a Panchayat and a person feeling aggrieved by the order could appeal to the Collector of the District, whose order was final. Subsequently, the successive Acts of 1868, 1869, 1870, 1872, 1886, 1916 and 1917 made improvements providing for an appeal from the order of the Collector of the District to the Commissioner of Revenue of the Division but no reference was available to the High Court under these Acts. “Income Tax Act” in its modern form, as we know, was introduced which legislated advisory jurisdiction to the High Courts.
The Act was revamped in 1922 but did not introduce any changes in the adjudicatory structure. A strong desire for establishing an independent forum for redressal of assesses aggrieved under the Income Tax Act gathered momentum especially considering that Civil Courts were prohibited from entertaining litigation in the tax matters. In November 1938 Select Committee was appointed to consider amendments to the Indian Income Tax Act, 1922, which, inter-alia, recommended establishment of a Tribunal as an independent appellate Authority for hearing appeals arising from the decision of the Appellate Assistant Commissioner. As a consequence, ITAT was constituted on 25/01/1941 by virtue of section 5A of the Income Tax Act, 1922. Since its establishment, ITAT is functioning more or less on similar lines except for necessary consequential changes introduced on account of its expansion and extension of its jurisdiction. There have been no fundamental changes either in the constitution or the functioning of the Tribunal in the Income Tax Act, 1961.
ITAT draws inspiration from its motto ‘Nishpaksh Sulabh Satvar Nyay’, which means impartial, easy and speedy justice. ITAT stands out for its uniqueness of imparting justice to the litigants, by an inexpensive, easily accessible forum free from technicalities, regarded for its expert knowledge on the subject of Direct Taxes, besides rendering expeditious justice. More often than not, ITAT is referred to as ‘Mother Tribunal’ being the oldest Tribunal in the country. More importantly, it is the success of the ITAT, which has prompted the Government of India to constitute similar Appellate Tribunals for indirect taxes i.e. Customs, Excise, Service Tax Appellate Tribunal (CESTAT), Central Administrative Tribunal (CAT), Railway Claims Tribunal, Foreign Exchange Appellate Board, etc.
Over the years, ITAT has earned accolades, as its Members have adorned high positions in the judiciary and other equally important institutions. The first President of the Tribunal Mr. Mohammed Munir Dar, was elevated to the Hon’ble Lahore High Court and later as the Chief Justice of the Pakistan Supreme Court. The second President of the ITAT Shri Khan Bahadur Yahya was also elevated as Judge of the Hon’ble Madras High Court. Hon’ble Justice Ranganathan of the Supreme Court of India was Vice President of the Tribunal. Hon’ble Justice Fathima Biwi later Governor of Kerala was Member of the ITAT. Till now, almost 32 erstwhile Members/Vice Presidents and Presidents of ITAT have been elevated to various High Courts including two to the Supreme Court.
In the 115th report of the Law Commission, the speeches delivered by the Law Minister in the Parliament and also by various Chief Justices, former Presidents of India and other dignitaries, the working of the ITAT has been commended on various occasions.
Maharashtra accident claim tribunal
Motor Accidents Claims Tribunal MACT deals with matters related to compensation of motor accidents victims or their next of kin .The Tribunal deal with claims relating to loss of life/property and injury cases resulting from Motor Accidents.
MACT Courts are presided over by Judicial Officers from the State Higher Judicial Service. Now these Courts are under direct supervision of the Hon’ble High Court of the respective state
Maharashtra administrative tribunal.
In accordance with the provisions of Article 323A of the Constitution of India, Parliament of India, enacted Administrative Tribunals Act, 1985. Central Government issued a Government Gazettee on 22nd April, 1988 for establishment of State Administrative Tribunal for Maharashtra State. Based on the same, Maharashtra Administrative Tribunal was established on 8th July, 1991. The Principal Bench of Maharashtra Administrative Tribunal is in Mumbai and its Benches are at Nagpur and Aurangabad.
The main objective of establishment of this Tribunal is to provide a speedy and efficacious remedy to all the employees of the Government of Maharashtra, nearly numbering around five Lakhs.
As per Section 15 of the Administrative Tribunals Act, 1985, this Tribunal has all the powers of High Court, with regard to all service matters of Government servants of the State of Maharashtra. This Tribunal has been vested with the power to take contempt action as per the provisions of Contempt of Court Act, 1971, as exercisable by High Court, as per Section 17 of the Act.
Maharashtra Revenue Tribunals
Sec. 296(2) of the Government of India Act, 1935, provided that if in any Province no Provision is made to entertain appeals or revision applications against the decisions in Revenue Cases, the Governor shall in the first instance constitute a Tribunal for that purpose. The members of the Federal and the Provincial Legislatures were debarred from being Members of the Tribunal, and power was given to the Provincial Legislature to pass a law to constitute such Tribunal, Accordingly, on the coming into force of the Government of India Act, i.e. on 1st April 1937, the Governor of Bombay by G.N.R.D. No. 4877/33, of that date, constituted a Tribunal which consisted .. of three Commissioners of three Divisions, (viz., Northern, Central and Southern) and the Commissioner of Excise, to excise appellate and revision jurisdiction in revenue cases. Sec. 296 of the Government of India Act, however, did not define what a revenue case was the Tribunal thus set up, continued to decide revenue cases until the Bombay Revenue Tribunal Act, 1939, was passed by the Bombay Legislature. Section 3 of the said Act empowered Government to constitute a Tribunal, but the number, and qualifications of the Members of the Tribunal were left to be determined by rules to be made by Government under the said Act. Section 4 provided that the Tribunal was exercise such jurisdiction to entertain appeals and revise decisions in revenue cases as was vasted in Government immediately before the 1st April, 1937 under any law for the time being in force. Sub-section (2) of that section empowered the Tribunal to exercise jurisdiction under several Acts which were mentioned in the Schedule to the Act. Accordingly, rules were made for the construction of the Tribunal. The said rules provided that the President shall be a person who is or has been a judge of High Court, or the Principle judge of the City Civil Court, Bombay, and the other Members may be officials and non-officials who were to be appointed by the state Government.
The Bombay Revenue Tribunal Act, 1939 continued to be in force until 31st may 1958. But the jurisdiction of under various Land Tenure Abolition Acts and also under the Bombay Tenancy and Agricultural Lands Act, 1948. As stated before the Tribunal continued to work under the Act decided by circulation of notes ad in few cases only where the Members of the Tribunal considered that the parties should be represented by pleaders and heard, were so heard. But since 1955 all cases are heard in open court and the parties are allowed to be represented by pleaders.
Maharashtra state co-operative tribunals
In exercise of the powers conferred by subsection (7) of section 149 of the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961) and with the previous sanction of the Government of Maharashtra and in super session of the Bombay Co-operative Tribunal Regulations, 1949, the Maharashtra State Cooperative Tribunal exercises jurisdiction over appeal.
Maintenance Tribunals for neglected senior citizens
In a tribunal or special court dealing specifically with maintenance cases, cases related to financial help for senior citizens are meant to be settled through summary procedure or easy and hassle-free manner so as to dispose them off within 90 days.
The provisions of maintenance and Welfare of Parents and Senior Citizens Act 2007 provides for establishment of maintenance tribunal in every family court. In the absence of the tribunal, senior citizens have to file applications separately in the office of the Revenue Divisional Officer (RDO) in the district collector – ate.
National Company law tribunal
The Central Government has constituted National Company Law Tribunal (NCLT) under section 408 of the Companies Act, 2013 (18 of 2013) w.e.f. 01st June 2016.
In the first phase the Ministry of Corporate Affairs have set up eleven Benches, one Principal Bench at New Delhi and one each Regional Benches at New Delhi, Ahmedabad, Allahabad, Bengaluru, Chandigarh, Chennai, Guahati, Hyderabad, Kolkata and Mumbai. These Benches will be headed by the President and 16 Judicial Members and 09 Technical Members at different locations.
National Company Law Appellate Tribunal.
NCLAT is also the Appellate Tribunal for hearing appeals against the orders passed by NCLT(s) under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC), with effect from 1st December, 2016. NCLAT is also the Appellate Tribunal for hearing appeals against the orders passed by Insolvency and Bankruptcy Board of India under Section 202 and Section 211 of IBC.
NCLAT is also the Appellate Tribunal to hear and dispose of appeals against any direction issued or decision made or order passed by the Competition Commission of India (CCI) – as per the amendment brought to Section 410 of the Companies Act, 2013 by Section 172 of the Finance Act, 2017, with effect from 26th May, 2017.
Hon’ble Justice Shri S.J. Mukhopadhaya, former Judge of the Supreme Court, is now the Chairperson of NCLAT. Hon’ble Mr. Balvinder Singh, former Deputy CAG is Member (Technical).
NCLAT is functioning from:-
Pt. Deen Dayal Antyodaya Bhawan, 3rd Floor,
CGO Complex, Lodhi Road, New Delhi – 110003
National Environment Tribunals
An Act to provide for strict liability for damages arising out of any accident occurring while handling any hazardous substance and for the establishment of a National Environment Tribunal for effective and expeditious disposal of cases arising from such accident, with a view to giving relief and compensation for damages to persons, property and the environment and for matters connected therewith or incidental thereto.
National Green Tribunals
The National Green Tribunal has been established on 18.10.2010 under the National Green Tribunal Act 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto. It is a specialized body equipped with the necessary expertise to handle environmental disputes involving multi-disciplinary issues.
Railway Claims Tribunals
The substantive liability of the Railway Administration for loss, destruction, damage,deterioration or non-delivery of goods entrusted to them for carriage and for death or injuries or loss to a passenger in a railway accident or untoward incident is laid down in the Railway Act – 1989. The establishment of Railway Claims Tribunal was necessary for speedy adjudication, providing relief to rail users by way of expeditious payment of compensation to the victims of rail accident or untoward incident, refund of fare and freight and compensation to those whose goods are lost while with railways. It was thought that the setting up of such a Claims Tribunal with Benches in different parts of the country with Judicial and Technical Members, will provide much relief to the rail users and reduce burden of the civil courts Members, will provide much relief to the rail users and reduce burden of the civil courts
Securities Appellate tribunal.
Securities Appellate Tribunal is a statutory body established under the provisions of Section 15K of the Securities and Exchange Board of India Act, 1992 to hear and dispose of appeals against orders passed by the Securities and Exchange Board of India or by an adjudicating officer under the Act and to exercise jurisdiction, powers and authority conferred on the Tribunal by or under this Act or any other law for the time being in force.
Telecom dispute settlement & Appellate Tribunals (TDSAT)
The Telecom Regulatory Authorityof India Act, 1997 was amendedby theTelecom Regulatory Authority ofIndia (Amendment) Act, 2000.The amendments were brought about to remove certain difficulties that had arisen inimplementation of the Act. Thedesired objectives
of bringing about functional clarity, strengthening the regulatory
framework and the disputes settlement mechanism were attained by bringing about a clear distinction between therecommendatory and regulatory functions ofTelecom Regulatory Authority of India (TRAI) by making it mandatory forGovernment to seekrecommendations of TRAI in respect of specified matters and by the setting up of a separatedispute settlement mechanism etc.By the Amendment Actan Appellate Tribunal known as the “Telecom Disputes Settlement &Appellate
Tribunal” has been set up under Section 14 of the Telecom Regulatory Authority of India Act, 1997 by TRAI(Amendment) Act, 2000 (hereinafter called the “Act”) toadjudicate disputes and dispose of appeals with a viewtoprotect the interests ofservice providers and consumers of the telecom sector andto promote and ensure orderlygrowth of the telecom sector
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