Section 24 of The Tribunals Reforms Act, 2026 — Repeal and savings
Bare section text
Official Legislative 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- (1)The Tribunals Reforms Act, 2021 (33 of 2021) is hereby repealed.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.