See Full Document Text
jftLVªh lañ Mhñ ,yñ—¼,u½04@0007@2003—26 REGISTERED NO. DL—(N)04/0007/2003—26
सी.जी.-डी.xएxलx.G-अID.-1H10x8x2x026-275358
CG-DL-E-11082026-275358
xxxGIDExxx
vlk/kkj.k
EXTRAORDINARY
Hkkx II — [k.M 2
PART II — Section 2
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lañ 20] ubZ fnYyh] lkseokj] vxLr 10] 2026@Jko.k 19] 1948 ¼'kd½
No. 20] NEW DELHI, MONDAY, AUGUST 10, 2026/SRAVANA 19, 1948 (Saka)
bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.
LOK SABHA
LOK SABHA
___________
————
The Tfohell ofowlloinwgin Bg iBllilsl sw weerree iinnttrroodduucecde idn iLno kL oSakb Shaa obnh a1 0othn A 1u0gtuhs tA, 2u0g2u6:s—t 2026:-
BIBLilLl NNoo.. 115533 oOfF 2 0220626
A Bill to improve the efficiency, ensure independence, transparency, and uniformity in
the qualifications, appointment, terms and conditions of service of Chairpersons and
Members of various Tribunals, the administration and functioning of the
Tribunals, to establish a National Tribunals Commission and to make
consequential amendments in related enactments and for matters connected
therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-seventh Year of the Republic of
India as follows:—
CHAPTER I
PRELIMINARY
5 1.(1) This Act may be called the Tribunals Reforms Act, 2026. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint; and different dates may be appointed
for different provisions of this Act and any reference in any such provision to the
commencement of this Act shall be construed as a reference to the coming into
10 force of that provision.2 THE GAZETTE OF IND2 IA EXTRAORDINARY [Part II—
Definitions. 2. In this Act, unless the context otherwise requires,—
(a) “Chairperson” includes Chairperson, Chairman, President and
Presiding Officer of a Tribunal, but does not include the Chairperson of the
Commission;
(b) “Chairperson of the Commission” means the Chairperson of the 5
National Tribunals Commission;
(c) “Commission” means the National Tribunals Commission
established under section 3;
(d) “Member” includes Vice-Chairman, Vice-Chairperson, Vice-President,
Accountant Member, Administrative Member, Judicial Member, Expert 10
Member, Law Member and Technical Member of a Tribunal;
(e) “Member of the Commission” means a Judicial Member or a
Technical Member of the National Tribunals Commission;
(f) “National Tribunals Data Grid” means a portal containing the
repository of all case related information pertaining to Tribunals specified in 15
the First Schedule;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “regulations” means the regulations made by the Commission
under section 19;
(i) “Schedule” means a Schedule appended to this Act; 20
(j) “Search-cum-Selection Committee” means a Search-cum-Selection
Committee constituted under section 13;
(k) “Secretariat” means the Secretariat of the Commission referred to in
section 8; and
(l) “Tribunal” means a Tribunal, Appellate Tribunal or Authority as 25
specified in column (2) of the First Schedule.
CHAPTER II
NATIONAL TRIBUNALS COMMISSION
National 3. (1) With effect from such date as the Central Government may, by notification
Tribunals
in the Official Gazette, appoint, there shall be established a Commission to be called 30
Commission.
the National Tribunals Commission to exercise the powers conferred upon it and to
perform the functions assigned to it under this Act.
(2) The headquarters of the National Tribunals Commission shall be at New
Delhi.
(3) The Commission shall consist of a Chairperson and four Members, of 35
whom, two shall be Judicial Members and two shall be Technical Members.
(4) A person shall be qualified for appointment—
(a) as the Chairperson, if he has been a Judge of the Supreme Court or
a Chief Justice of a High Court;
(b) as a Judicial Member, if he has been a Chief Justice of a High Court 40
or a Judge of a High Court; and
(c) as a Technical Member, if he is a person of ability, integrity and
standing, who has special knowledge and experience of not less than
twenty-five years in the fields of public administration, finance, law,
accountancy, banking, management or technology. 45Sec. 2] THE GAZETTE OF IND3 IA EXTRAORDINARY 3
4. The Commission shall–– Powers and
functions of
(a) conduct the selection process for filling up the vacancies of Commission.
Chairpersons and Members of the Tribunals specified in the First Schedule,
through the Search-cum-Selection Committees constituted under section 13;
5 (b) review the performance of the Tribunals, and cause an annual
report to be prepared and submitted to the Central Government;
(c) oversee the conduct of inquiry into complaints against the
Chairpersons and Members of the Tribunals; and
(d) develop and maintain the National Tribunals Data Grid.
10 5. (1) The Chairperson of the Commission and the Members of the Appointment,
term of office,
Commission shall be appointed by the Central Government:
etc., of
Chairperson of
Provided that the Central Government shall consult the Chief Justice of India
Commission and
before making an appointment to the post of Chairperson of the Commission and Members of
Judicial Members of the Commission. Commission.
15 (2) The Chairperson of the Commission or a Member of the Commission
shall hold office for a term of five years or till he attains the age of seventy years,
whichever is earlier.
(3) The salaries, allowances and other terms and conditions of holding office
of the Chairperson of the Commission and the Members of the Commission shall
20 be such, as may be prescribed.
(4) Where a vacancy in the office of the Chairperson of the Commission arises
for any reason, the senior-most Judicial Member of the Commission shall act as the
Chairperson of the Commission until the date on which a new Chairperson enters upon
his office.
25 (5) When the Chairperson of the Commission is unable to discharge his
functions owing to absence, illness or any other cause, the senior-most Judicial
Member of the Commission shall discharge the functions of the Chairperson of the
Commission until the date on which he resumes charge of his office.
6. (1) The Chairperson of the Commission or any Member of the Resignation and
30 Commission may, by notice in writing under his hand addressed to the Central removal of
Chairperson of
Government, resign his office:
Commission and
Members of
Provided that the Chairperson of the Commission or a Member of the
Commission.
Commission shall, unless permitted by the Central Government to relinquish his
office sooner, continue to hold office until the expiry of three months from the
35 date of receipt of such notice, or until a Chairperson or Member appointed as his
successor enters upon his office, or until the expiry of his term of office,
whichever is earlier.
(2) The Central Government may, by order, remove from office the
Chairperson of the Commission or a Member of the Commission, who—
40 (a) is, or at any time 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 of the Commission or a Member of the Commission; or
(d) has acquired such financial or other interest as is likely to affect
45 prejudicially his functions as such Chairperson of the Commission or a
Member of the Commission; or
(e) has so abused his position as to render his continuance in office
prejudicial to the public interest.4 THE GAZETTE OF IND4 IA EXTRAORDINARY [Part II—
(3) The Chairperson of the Commission or a Member of the Commission
shall not be removed from his office on the ground specified in clause (d) or
clause (e) of sub-section (2) unless he has been informed of the charges against
him and given a reasonable opportunity of being heard in an inquiry held by a
Committee constituted for the purpose in such manner as may be prescribed. 5
(4) The Committee referred to in sub-section (3) shall be headed by a person
who is a Judge of the Supreme Court to be nominated by the Chief Justice of India.
Vacancy, etc., 7. No act or proceeding of the Commission shall be invalid merely by reason of—
not to invalidate
actions. (a) any vacancy in, or any defect in the constitution of, the
Commission; or 10
(b) any defect in the appointment of the Chairperson of the
Commission or a person acting as such Chairperson, or of a Member of the
Commission.
Secretariat of 8. (1) The Central Government shall appoint an officer of the rank of Secretary
Commission.
to the Government of India as the Secretary of the Commission. 15
(2) The Secretary of the Commission shall head the Secretariat and exercise
such administrative and financial powers of the Commission, as may be
prescribed.
(3) The number of officers and employees of the Secretariat and their
appointment, terms and conditions of service shall be such, as may be prescribed. 20
(4) The Secretariat shall, subject to the general and administrative oversight
of the Chairperson of the Commission under sub-section (5), discharge such
functions as may be prescribed.
(5) The Chairperson of the Commission may issue such instructions and
directions of general nature to the Secretariat as he may deem fit in the interest of 25
efficient administration of the Commission.
Meetings of 9. (1) The Commission shall observe such procedure in regard to the holding
Commission. and transaction of business at its meetings in such manner as may be specified by
regulations.
(2) The Chairperson of the Commission shall preside over the meetings of 30
the Commission.
(3) When the Chairperson of the Commission is unable to attend a meeting
of the Commission for any reason, the senior-most Judicial Member of the
Commission present at the meeting shall preside over it.
(4) All matters which are brought before the Commission, shall be decided 35
by a majority of the Members of the Commission, including the Chairperson of the
Commission, present and voting.
(5) The Chairperson of the Commission shall have a casting vote.
Grants by 10. The Central Government may, after due appropriation made by
Central Parliament by law in this behalf, make to the Commission grants of such sums of 40
Government.
money as it may deem appropriate for being utilised for the purposes of this Act.
Accounts and 11. (1) The Commission shall maintain proper accounts and other relevant
audit. records and prepare an annual statement of accounts in such form as may be
prescribed, in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Commission shall be audited by the Comptroller and 45
Auditor-General of India at such intervals as may be specified by him, and any
expenditure incurred in connection with such audit shall be payable by the
Commission to the Comptroller and Auditor-General of India.Sec. 2] THE GAZETTE OF IND5 IA EXTRAORDINARY 5
(3) The Comptroller and Auditor-General of India and any other person
appointed by him in connection with the audit of the accounts of the Commission
shall have the same rights, privileges and authority in connection with such audit
as the Comptroller and Auditor-General generally has in connection with the audit
5 of Government accounts and, in particular, shall have the right to demand the
production of books, accounts, connected vouchers and other documents and
papers, and to inspect any of the offices of the Commission.
(4) The accounts of the Commission as certified by the Comptroller and
Auditor-General of India, together with the audit report thereon, shall be
10 forwarded annually to the Central Government, and that Government shall cause
the same to be laid before each House of Parliament.
12. (1) The Secretariat shall prepare, once in every year, an annual report Furnishing of
giving a true and full account of the activities of the Commission during the annual report to
Central
previous year, and forward copies of such report, through the Commission, to the
Government.
15 Central Government.
(2) A copy of the report received under sub-section (1) shall be laid by the
Central Government, as soon as may be after it is received, before each House of
Parliament.
CHAPTER III
20 MANNER OF SELECTION AND CONDITIONS OF SERVICE OF CHAIRPERSON
AND MEMBERS OF TRIBUNAL
13. (1) For the purpose of the selection of the Chairpersons and Members of Search-cum-
Selection
the Tribunals specified in the First Schedule, the Commission shall constitute
Committees.
Search-cum-Selection Committees as may be required.
25 (2) A Search-cum-Selection Committee in the case of selection of the
Chairperson of a Tribunal shall consist of the following, namely:––
(a) a Chairperson, who shall be the Chairperson of the Commission;
(b) one Member, who shall be a Technical Member of the
Commission;
30 (c) one Member, who shall be a retired Chief Justice of a High Court
nominated by the Chairperson of the Commission;
(d) one Member, who is a Secretary to the Government of India
nominated by the Central Government:
Provided that in case of appointment to the post of Chairperson of the
35 State Administrative Tribunals, the Chief Secretary to the State Government
concerned shall be the Member;
(e) two Members, who are experts empanelled under section 15 who
carried out the assessment of the suitability of candidates; and
(f) one Member Secretary, who shall be the Secretary to the
40 Commission.
(3) A Search-cum-Selection Committee in the case of selection of the
Members of a Tribunal shall consist of the following, namely:––
(a) a Chairperson, who shall be a Judicial Member of the Commission;
(b) one Member, who shall be a Technical Member of the
45 Commission;6 THE GAZETTE OF IND6 IA EXTRAORDINARY [Part II—
(c) one Member, who shall be a retired Judge of a High Court
nominated by the Chairperson of the Commission;
(d) one Member, who is a Secretary to the Government of India
nominated by the Central Government:
Provided that in case of appointment to the post of Members of the 5
State Administrative Tribunals, the Chief Secretary to the State Government
concerned shall be the Member;
(e) two Members, who are experts empanelled under section 15 who
carried out the assessment of the suitability of candidates; and
(f) one Member Secretary, who shall be the Secretary to the 10
Commission.
(4) The Chairperson of the Search-cum-Selection Committee shall have the
casting vote.
(5) The Member Secretary and the expert Members shall not have any vote.
(6) The Search-cum-Selection Committee, after the selection process, shall 15
forward its recommendation to the Central Government through the Secretariat.
(7) No act or proceeding of a Search-cum-Selection Committee shall be invalid
merely by reason of any vacancy in, or any defect in the constitution of, the Committee.
Appointment of 14. (1) Notwithstanding the respective enactments relating to a Tribunal
Chairperson and specified in the First Schedule, the qualifications, manner of selection, appointment, 20
Members of salaries and allowances, resignation, removal and other conditions of service of the
Tribunals.
Chairperson and Members of such Tribunal shall be such, as may be prescribed:
Provided that the Central Government shall, in making rules under this
sub-section, take into consideration the experience and specialisation in the
relevant field which may be required for appointment of a person as the 25
Chairperson or a Member of a Tribunal.
(2) The Chairperson and the Members of every Tribunal specified in the
First Schedule shall be appointed by the Central Government on the
recommendation of the Search-cum-Selection Committee constituted under
section 13. 30
(3) The office of the Chairperson of a Tribunal specified in the First
Schedule may be filled either through a selection process or through a search
process, as may be determined by the Search-cum-Selection Committee.
(4) The Search-cum-Selection Committee shall adopt such comprehensive
procedure for assessment of candidates as may be prescribed: 35
Provided that the manner of scrutiny of applications and weightage for
assessment of candidates shall be such as may be specified by regulations.
(5) Where any person who is or has been a Chairperson or a Member of the
Tribunal, applies for reappointment against an advertisement for selection in the
Tribunal, the Search-cum-Selection Committee shall, while considering his 40
candidature for selection as per sub-sections (1) and (4), consider his previous
work performance in the Tribunal:
Provided that where a Member is considered for reappointment, the
Search-cum-Selection Committee shall consult the president or Chairperson of the
concerned Tribunal, in cases other than the reappointment of a Member of a 45
Tribunal constituted by the Central Government under section 44 of the Industrial
35 of 2020.
Relations Code, 2020.
(6) The Search-cum-Selection Committee shall recommend a suitable person
for appointment to the post of Chairperson or Member, as the case may be, and shall
recommend one additional name for each vacancy to be included in the waiting list. 50Sec. 2] THE GAZETTE OF IND7 IA EXTRAORDINARY 7
(7) The Secretariat shall communicate the recommendation of the
Search-cum-Selection Committee, within a period of three days from the date of
such recommendation, to the Central Government.
(8) The Central Government shall process the recommendation of the
5 Search-cum-Selection Committee and make the appointment thereto within a
period of three months from the date of receipt of such recommendation.
(9) No appointment shall be invalid merely by reason of any vacancy or
absence of a Member of the Commission or of a Search-cum-Selection Committee.
15. (1) The Secretariat shall empanel experts from the relevant fields in such Empanelment of
10 manner and on such terms and conditions of engagement including conflict of experts.
interest as may be specified by regulations, for providing assistance in the
assessment of the suitability of candidates for the posts of Chairpersons and
Members of Tribunals.
(2) The experts who carry out the assessment of the suitability of candidates
15 under sub-section (1) shall serve as members of the Search-cum-Selection
Committee concerned as constituted under section 13.
16. (1) The Central Government may, by order, remove from office the Removal of
Chairperson and
Chairperson or Member of a Tribunal, who—
Members of
(a) is, or at any time has been, adjudged as an insolvent; or Tribunals.
20 (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 of the Tribunal; or
(d) has acquired such financial or other interest as is likely to affect
prejudicially his functions as such Chairperson or Member of the Tribunal; or
25 (e) has so abused his position as to render his continuance in office
prejudicial to the public interest; or
(f) has been found incompetent or inefficient; or
(g) has engaged, at any time during his term of office, in any paid
assignment.
30 (2) Where a complaint is received against a Chairperson or Member of a
Tribunal on any ground specified in clauses (d) to (g) of sub-section (1), the
Ministry or Department administering the Tribunal concerned shall conduct a
preliminary inquiry to find out whether the complaint discloses such a ground and
is supported by material facts and documents, and refer the matter to the
35 Chairperson of the Commission for conduct of inquiry in such manner, as may be
prescribed, and the Commission shall, after such inquiry, submit its
recommendation to the Central Government, for appropriate action, if any.
(3) No Chairperson or Member of a Tribunal shall be removed from his
office on the grounds specified in clauses (d) to (g) of sub-section (1) unless a
40 reference has been made in this behalf to the Commission and an inquiry has been
made under sub-section (2).
(4) The Central Government shall, on receipt of the recommendation of the
Commission under sub-section (2), take appropriate action as required.
17. (1) Notwithstanding anything contained in any other law for the time Term of office
45 being in force,— of Chairperson
and Member of
(a) the Chairperson of a Tribunal shall hold office for a term of five Tribunal.
years or till he attains the age of seventy years, whichever is earlier; and
(b) a Member of a Tribunal shall hold office for a term of five years or
till he attains the age of sixty-seven years, whichever is earlier.8 THE GAZETTE OF IND8 IA EXTRAORDINARY [Part II—
(2) The Chairperson or Member of a Tribunal shall be eligible for
consideration for reappointment in accordance with the provisions of section 14.
18. (1) The provisions relating to qualifications, manner of selection,
Qualifications,
manner of appointment, salaries and allowances, resignation, removal and other conditions of
selection, etc., of service and eligibility for reappointment of the Chairpersons and Members of the 5
Chairpersons
Tribunals under the enactments specified in column (3) of the First Schedule, shall
and Members of
Tribunals under stand amended in the manner as specified in the Second Schedule.
certain
(2) If the Central Government is satisfied that it is necessary or expedient so to
enactments to be
governed by this do, it may, by notification published in the Official Gazette, amend the First Schedule
Act. and thereupon, the said Schedule shall be deemed to have been amended accordingly. 10
(3) A copy of every notification issued under sub-section (2) shall be laid
before each House of Parliament, as soon as may be after it is issued.
CHAPTER IV
MISCELLANEOUS
Power of 19. (1) The Commission may, in consultation with the Central Government, 15
Commission to for the purposes of this Act, by notification in the Official Gazette, make
make
regulations not inconsistent with this Act and the rules made thereunder.
regulations.
(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 20
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 25
(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 30
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 35
without prejudice to the validity of anything previously done under that regulation.
Power of Central 20. (1) The Central Government may, by notification in the Official Gazette,
Government to make rules for carrying out the purposes of this Act.
make rules.
(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:— 40
(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; 45
(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; 50Sec. 2] THE GAZETTE OF IND9 IA EXTRAORDINARY 9
(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
5 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
10 (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
15 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
20 without prejudice to the validity of anything previously done under that rule.
21. No suit, prosecution or other legal proceeding shall lie against the Protection of
Central Government or the Commission or any officer of the Central Government action taken in
or the Chairperson of the Commission or any Member of the Commission or any
g ood faith.
other officer or employee of the Commission, for anything which is in good faith
25 done or intended to be done under this Act or the rules or regulations made
thereunder.
22. The provisions of this Act shall have effect notwithstanding anything Act to have
inconsistent therewith contained in any enactment specified in column (3) of the overriding
effect.
First Schedule.
30 23. (1) If any difficulty arises in giving effect to the provisions of this Act, Power to remove
the Central Government may, by general or special order published in the Official difficulties.
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
35 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.
33 of 2021. 24. (1) The Tribunals Reforms Act, 2021 is hereby repealed. Repeal and
savings.
(2) Notwithstanding such repeal,—
40 (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
45 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;10 THE GAZETTE OF IN1D0I A EXTRAORDINARY [Part II—
(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 5
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, on or after the 4th April, 2021 and before 10 33 of 2021.
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 15
(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, before the commencement of this Act, and holding office as such 20 33 of 2021.
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 and 33 of 2021.
anything contained in any judgment, order or decree of any Court, or in any law
for the time being in force,— 25
(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 or the rules made thereunder, prior to the 33 of 2021.
establishment of the National Tribunals Commission under this Act, shall
continue and complete the process of selection of Chairperson and Members 30
of such Tribunal under the Tribunals Reforms Act, 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 35
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, before the 40 33 of 2021.
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 shall apply with regard to the effect 10 of 1897.
of repeal. 45Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11
THE FIRST SCHEDULE
[Seesection 2(l)]
Sl. Tribunal/Appellate Enactments
No. Tribunal/Authority
(1) (2) (3)
1. Customs, Excise and The Customs Act, 1962 (52 of 1962)
Service Tax Appellate
Tribunal
2. Appellate Tribunal The Smugglers and Foreign Exchange
Manipulators (Forfeiture of Property)
Act, 1976 (13 of 1976)
3. Central Administrative The Administrative Tribunals Act, 1985
Tribunal (13 of 1985)
4. State Administrative The Administrative Tribunals Act, 1985
Tribunals (13 of 1985)
5. Railway Claims Tribunal The Railway Claims Tribunal Act, 1987
(54 of 1987)
6. Securities Appellate The Securities and Exchange Board of
Tribunal India Act, 1992 (15 of 1992)
7. Debts Recovery Tribunal The Recovery of Debts and Bankruptcy
Act, 1993 (51of 1993)
8. Debts Recovery The Recovery of Debts and Bankruptcy
Appellate Tribunal Act, 1993 (51 of 1993)
9. Telecom Disputes The Telecom Regulatory Authority of
Settlement and Appellate India Act, 1997 (24 of 1997)
Tribunal
10. Appellate Tribunal for The Electricity Act, 2003 (36of 2003)
Electricity
11. Armed Forces Tribunal The Armed Forces Tribunal Act, 2007
(55of 2007)
12. National Green Tribunal The National Green Tribunal Act, 2010
(19 of 2010)
13. National Company Law The Companies Act, 2013 (18 of 2013)
Appellate Tribunal
14. National Consumer The Consumer Protection Act, 2019
Disputes Redressal (35 of 2019)
Commission
15. Industrial Tribunal The Industrial Relations Code, 2020
constituted by the Central (35 of 2020)
Government
16. Income-tax Appellate The Income-tax Act, 2025 (30 of 2025).
Tribunal
1112 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
THE SECOND SCHEDULE
(Seesection 18)
Amendments to certain enactments Marginal headings
(1) (2)
1. In section 129 of the Customs Act, 1962, for Amendment of
sub-section (7), the following sub-section shall be Act 52 of 1962.
substituted, namely:––
“(7) Notwithstanding anything contained in this Act,
the qualifications, manner of selection, appointment,
salaries and allowances, resignation, removal and other
conditions of service and eligibility for reappointment
of a President, Vice-President and other Members of the
Appellate Tribunal under this Act shall be governed by
the provisions of the Tribunals Reforms Act, 2026.”.
2. For section 12A of the Smugglers and Foreign Amendment of
Exchange Manipulators (Forfeiture of Property) Act, 1976, Act 13 of 1976.
the following section shall be substituted, namely:––
“12A. Notwithstanding anything contained in this Selection,
Act, the qualifications, manner of selection, qualifications,
appointment, salaries and allowances, resignation, conditions of
removal and other conditions of service and eligibility service,
for reappointment of a Chairperson and Members of the allowances, etc.
Appellate Tribunal under this Act shall be governed by
the provisions of the Tribunals Reforms Act, 2026.”.
3.For section 10B of the Administrative TribunalsAct, 1985, Amendment of
the following section shall be substituted, namely:— Act 13 of 1985.
“10B. Notwithstanding anything contained in this Selection,
Act, the qualifications, manner of selection, qualifications,
appointment, salaries and allowances, resignation, conditions of
removal and other conditions of service and eligibility service,
for reappointment of a Chairman and Members of the allowances, etc.
Tribunal under this Act shall be governed by the
provisions of the Tribunals Reforms Act, 2026.”.
4. For section 9A of the Railway Claims Tribunal Amendment of
Act, 1987, the following section shall be substituted, namely:— Act 54 of 1987.
“9A. Notwithstanding anything contained in this Act, Selection,
the qualifications, manner of selection, appointment, qualifications,
salaries and allowances, resignation, removal and other conditions of
conditions of service and eligibility for reappointment service,
of a Chairman, Vice-Chairman and other Members of allowances, etc.
the Tribunal under this Act shall be governed by the
provisions of the Tribunals Reforms Act, 2026.”.
5. For section 15QA of the Securities and Exchange Amendment of
Board of India Act, 1992, the following section shall be Act 15 of 1992.
substituted, namely:––
“15QA. Notwithstanding anything contained in this Selection,
Act, the qualifications, manner of selection, appointment, qualifications,
salaries and allowances, resignation, removal and other conditions of
conditions of service and eligibility for reappointment of service,
a Presiding Officer and Members of the Securities allowances, etc.
Appellate Tribunal under this Act shall be governed by
the provisions of the Tribunals Reforms Act, 2026.”.
12Sec. 2] THE GAZETTE OF IN1D3I A EXTRAORDINARY 13
(1) (2)
6. In the Recovery of Debts and Bankruptcy A m e n dment of
Act, 1993,— Act 51 of 1993.
(a) for section 6A, the following section shall be
substituted, namely:––
“6A. Notwithstanding anything contained in this Selection,
Act, the qualifications, manner of selection, qualifications,
appointment, salaries and allowances, resignation, conditions of
removal and other conditions of service and service,
eligibility for reappointment of a Presiding Officer of allowances, etc.
the Tribunal under this Act shall be governed by the
provisions of the Tribunals Reforms Act, 2026.”;
(b) for section 15A, the following section shall be
substituted, namely:––
“15A. Notwithstanding anything contained in this Selection,
Act, the qualifications, manner of selection, qualifications,
appointment, salaries and allowances, resignation, conditions of
removal and other conditions of service and service,
eligibility for reappointment of a Chairperson of the allowances, etc.
Appellate Tribunal under this Act shall be governed
by the provisions of the Tribunals Reforms
Act, 2026.”.
7. For section 14GA of the Telecom Regulatory Amendment of
Authority of India Act, 1997, the following section shall be Act 24 of 1997.
substituted, namely:––
“14GA. Notwithstanding anything contained in this Selection,
Act, the qualifications, manner of selection, qualifications,
appointment, salaries and allowances, resignation, conditions of
removal and other conditions of service and eligibility service,
for reappointment of a Chairperson and Members of the allowances, etc.
Appellate Tribunal under this Act shall be governed by
the provisions of the Tribunals Reforms Act, 2026.”.
8. For section 117A of the Electricity Act, 2003, the Amendment of
following section shall be substituted, namely:–– Act 36 of 2003.
“117A. Notwithstanding anything contained in this Selection,
Act, the qualifications, manner of selection, qualifications,
appointment, salaries and allowances, resignation, conditions of
removal and other conditions of service and eligibility service,
for reappointment of a Chairperson and Members of the allowances, etc.
Appellate Tribunal under this Act shall be governed by
the provisions of the Tribunals Reforms Act, 2026.”.
9. For section 9A of the Armed Forces Tribunal Act, 2007, Amendment of
the following section shall be substituted, namely:–– Act 55 of 2007.
“9A. Notwithstanding anything contained in this Act, Selection,
the qualifications, manner of selection, appointment, qualifications,
salaries and allowances, resignation, removal and other conditions of
conditions of service and eligibility for reappointment service,
of a Chairperson and Members of the Tribunal under allowances, etc.
this Act shall be governed by the provisions of the
Tribunals Reforms Act, 2026.”.14 THE GAZETTE OF IN1D4IA EXTRAORDINARY [Part II—
(1) (2)
10. For section 10A of the National Green Tribunal Amendment of
Act, 2010,the following section shall be substituted, namely:–– Act 19 of 2010.
“10A. Notwithstanding anything contained in this Act, Selection,
the qualifications, manner of selection, appointment, qualifications,
salaries and allowances, resignation, removal and other conditions of
conditions of service and eligibility for reappointment of service,
a Chairperson, Judicial Member and Expert Member of allowances, etc.
the Tribunal under this Act shall be governed by the
provisions of the Tribunals Reforms Act, 2026.”.
11. For section 417A of the Companies Act, 2013, the Amendment of
following section shall be substituted, namely:–– Act 18 of 2013.
“417A. Notwithstanding anything contained in this
Selection,
Act, the qualifications, manner of selection,
qualifications,
appointment, salaries and allowances, resignation,
conditions of
removal and other conditions of service and eligibility
service,
for reappointment of a Chairperson and Members of the
allowances, etc.
Appellate Tribunal under this Act shall be governed by
the provisions of the Tribunals Reforms Act, 2026.”.
12.In section 55 of the Consumer Protection Act, 2019, Amendment of
for sub-section (1A), the following sub-section shall be Act 35 of 2019.
substituted, namely:—
“(1A) Notwithstanding anything contained in this
Act, the qualifications, manner of selection,
appointment, salaries and allowances, resignation,
removal and other conditions of service and eligibility
for reappointment of a President and members of the
National Commission under this Act shall be governed
by the provisions of the Tribunals Reforms Act, 2026.”.
13. In the Industrial Relations Code, 2020, in Amendment of
section 44,— Act 35 of 2020.
(a) for sub-section (4), the following sub-section
shall be substituted, namely:—
“(4) Notwithstanding anything contained in this
Act, the qualifications, manner of selection,
appointment, salaries and allowances, resignation,
removal and other conditions of service and
eligibility for reappointment of Judicial Member and
Administrative Member of an Industrial Tribunal
under this Act shall be governed by the provisions of
the Tribunals Reforms Act, 2026.”;
(b) for sub-section (9), the following sub-section
shall be substituted, namely:––
“(9) If, for any reason, a vacancy (other than a
temporary absence) occurs in a National Industrial
Tribunal or the Tribunal constituted by the State
Government under sub-section (1), then, such
vacancy shall be filled up in such manner as may be
prescribed, without prejudice to sub-section (5), and
the proceeding shall be continued before such
National Industrial Tribunal or the Tribunal
constituted by the State Government, from the stage
at which the vacancy is filled.”.Sec. 2] THE GAZETTE OF IN1D5IA EXTRAORDINARY 15
(1) (2)
14. In section 361 of the Income-tax Act, 2025, for Amendment of
sub-section (2), the following sub-section shall be Act 30 of 2025.
substituted, namely:––
“(2) Irrespective of anything contained in this Act,
the qualifications, manner of selection, appointment,
salaries and allowances, resignation, removal and other
conditions of service and eligibility for reappointment
of the President, Vice-President and other Members of
the Appellate Tribunal appointed after the
commencement of the Tribunals Reforms Act, 2026,
shall be governed by the provisions of the said Act.”.16 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
STATEMENT OF OBJECTS AND REASONS
The Central Government initiated the process of rationalisation of Tribunals
in theyear 2015. Through the Finance Act, 2017, certain Tribunals were abolished
or merged and the Central Government was empowered to make rules to provide
for the appointments, tenure and qualifications of Chairpersons and Members of
various Tribunals. Subsequently, the Tribunals Reforms (Rationalisation and
Conditions of Service) Ordinance, 2021 was promulgated on the 4th April, 2021,
which was replaced by the Tribunals Reforms Act, 2021. The said Act, inter alia,
stipulated the procedure for selection and appointment of Chairpersons and
Members of various Tribunals and provided for their uniform terms and conditions
of service.
2.The Supreme Court, in the matter of Madras Bar Association vs. Union of
India [(2026) 2 SCC 1], struck down certain provisions of the Tribunals Reforms
Act, 2021, inter alia, on the grounds that they are contrary to the principles of
separation of powers and judicial independence and not in consonance with the
earlier judicial pronouncements that have clarified the standards governing the
appointment, tenure and functioning of Chairpersons and Members of Tribunals.
Further, the Court, inter alia, directed for the establishment of a National
Tribunals Commission, which is independent, has professional expertise, and
adopts a transparent process and oversight mechanism for selection and
appointment of Chairpersons and Members of various Tribunals.
3. Accordingly, in consonance with the directions of the Supreme Court in
various judgments including Madras Bar Association vs. Union of India,
[(2026) 2 SCC 1], it is proposed to repeal the Tribunals Reforms Act, 2021 and
introduce the Tribunals Reforms Bill, 2026, which, inter alia, provides for the
establishment of the National Tribunals Commission, the qualifications, manner of
selection, appointment, salaries and allowances, resignation, removal and other
conditions of service of the Chairpersons and Members of various Tribunals
specified in the First Schedule to the Bill. It is also proposed to make necessary
consequential amendments in the related enactments governing various Tribunals.
4.The Bill seeks to achieve the above objectives.
NEWDELHI; ARJUN RAM MEGHWAL.
The6th August, 2026.
16Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 17
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for the establishment of a National Tribunals
Commission (the said Commission) to be headed by a former Judge of the
Supreme Court or Chief Justice of a High Court, along with two Judicial and two
Technical Members, and a Secretariat headed by an officer of the rank of
Secretary to the Government of India with required officers and staff. The Bill also
seeks for the creation of two additional posts of Level-14 (Joint Secretary Level)
for the Secretariat of thesaidCommission.
2.The proposal involves the creation of posts and consequent administrative
expenditure for the said Commission and its Secretariat. It is estimated that
recurring expenditure of 24.79 crore rupees and non-recurring expenditure of
2.35 crorerupees, totalling 27.14 crorerupees, per annum, is likely to be incurred.
Further, an increase of 10 per cent. in recurring expenditure in the second and
third year over the previous year, and 20per cent. or 25per cent. of non-recurring
expenditure earmarked for the first year, is expected.
3. In view of the above, the Bill if enacted would involve expenditure as
stated hereinabove from and out of the Consolidated Fund of India.
1718 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 3 of the Bill provides for establishment of a Commission to be called
the National Tribunals Commission to exercise the powers conferred upon it and
to perform the functions assigned to it under the proposed legislation.
Sub-clause (1) of clause 19 of the Bill empowers the National Tribunals
Commission to make regulations not inconsistent with the proposed legislation
and the rules made thereunder, in consultation with the Central Government.
Sub-clause (2) specifies the matters in respect of which such regulations may be
made. These matters, inter alia, include––
(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.
Sub-clause (3) of clause 19, inter alia, provides that every regulation made
by the National Tribunals Commission under the proposed legislation is required
to be laid before each House of Parliament
2. Sub-clause (1) of clause 20 of the Bill empowers the Central Government
to make rules for carrying out the provisions of the proposed legislation and to
publish the same in the Official Gazette. Sub-clause (2) specifies the matters in
respect of which such rules may be made. These matters, inter alia, include––
(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.
Sub-clause (3) of clause 20 provides that every rule made under the proposed
legislation is required to be laid before each House of Parliament.
3. The matters in respect of which regulations and rules may be made are
matters of procedure or administrative detail and it is not practicable to provide for
them in the Bill itself. The delegation of legislative power is, therefore, of a
normal character.
18Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 19
BBIiLllL NNoo.. 115544 oOfF 2 2002266
A Bill furtherto amend the Minesand Minerals (Developmentand Regulation)Act,1957.
BE it enacted by Parliament in the Seventy-seventh Year of the Republic of
India as follows:—
1. (1) This Act may be called the Mines and Minerals (Development and Short title and
Regulation)AmendmentAct, 2026. commencement.
5 (2) It shall come intoforceon suchdateastheCentralGovernment may,by
notification in the Official Gazette,appoint20 THE GAZETTE OF IND2IA EXTRAORDINARY [Part II—
Amendment of 2. In the Mines and Minerals (Development and Regulation) Act, 1957 67 of 1957.
section 2.
(hereinafter referred to as the principal Act), in section 2, after the words
“regulation of mines”, the words “and mineral bearing lands” shall be inserted.
Amendment of 3. In section 3 of the principal Act, after clause (ad), the following clause
section 3. shall be inserted, namely:— 5
‘(ada) “mineral bearing land” means any land having the mineral
contents in accordance with the parameters prescribed under clause (a) of
sub-section (2) of section 5;’.
Insertion of new 4. After section 9C of the principal Act, the following section shall be
section 9D. inserted, namely:— 10
Certain “9D. (1) No tax, cess or such other levy (by whatever name called)
conditionsor shall be imposed by the State Government on—
restrictionson
imposition of
(a)mineral rights; or
tax,cess, etc.
(b) mineral bearing lands, either based on mineral quantity or
mineral value or royalty payable or otherwise, 15
except in accordance with such conditions or restrictions as may be
prescribed by the Central Government.
(2) Notwithstanding anything contained in any other law for the time
being in force, or in any judgment, decree or order of any court, the
imposition of any such tax, cess or other levyby the State Governmenton— 20
(a)mineral rights; or
(b) mineral bearing lands either based on mineral quantity or
mineral value or royalty payable or otherwise,
which is not deposited with the State Government or recovered by it before
the commencement of the Mines and Minerals (Development and 25
Regulation) Amendment Act, 2026, shall be deemed to be invalid at all
material times:
Provided that any such tax, cess or other levy on mineral rights or on
mineral bearing lands, already deposited with the State Government or
recovered by it before such commencement, shall not be liable to be 30
refunded.”.
Amendmentof
5. In section 13 of the principal Act, in sub-section (2), after clause (t), the
section 13. following clause shall be inserted, namely:—
“(ta) the conditions or restrictions on imposition of tax, cess or such
other levy undersub-section (1) of section 9D;”. 35Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 21
STATEMENT OF OBJECTS AND REASONS
Minerals constitute an important natural resource which are of great
geopolitical importance and are critical to infrastructure (including digital
infrastructure), manufacturing, energy security, and the overall economic
development of the country. Sustainable and uniform development of minerals
across the country is an important pillar to subserve the public interest. Hence, in
view of the larger public interest, the Union has taken under its control the
regulation of mines and the development of minerals under section 2 of the Mines
and Minerals (Development and Regulation) Act, 1957(the MMDR Act).
2. Mineral resources are finite and concentrated in a few States, and their
extraction and management have to be guided by long-term national goals of
sustainable, equitable and uniform development integrated into the overall strategy
of the country’s economic development. Any regional disparity in fiscal
impositions on minerals impacts public interest. Unbalanced imposition of steep
taxes and levies will prompt the industry to completely bypass local supply lines,
leading to sub-optimal development of markets, increased transportation costs and
the resultant pollution load. There is also a risk of an increase in imports of
minerals despite having sufficient local mineral resources as domestic mineral
supply becomes expensive. The uneven imposition of taxes or other levies on
mineral rights and mineral bearing lands by the State Governments in the absence
of reasonable limitations have resulted in various issues, such as—
(i)heavy tax burden in the sector;
(ii) unpredictable introduction of tax, cess and other levies, even after
commencement of mining operations;
(iii) multiple taxes, cess and other levies on production or dispatch of
minerals;
(iv)non-uniformity of rates of tax and other levies among States;
(v)imposition of tax, cess or levies with retrospective effect.
3. Excessive fiscal burden makes mining operations commercially unviable,
discourages mineral extraction, adversely affects mineral production and in some
cases, leads to closure of mines. Any additional and unpredictable costs
disproportionately may lead to adverse impact on small and medium-scale mining
operators. Multiple and inconsistent taxes hamper development of the mineral
industry and slow down economic growth resulting in cascading tax effect and
high compliance costs. An excessive tax burden at the extraction stage or
otherwise may ultimately increase the cost of goods and services and,
consequently, the cost of living for the common citizen in the country. Further,
any retrospective imposition of taxes would cause legal uncertainty and erode
investors’ trust.
4. Any fiscal burden imposed on mineral extraction should be guided by a
uniform and balanced fiscal framework across the country. The cumulative
incidence of different levies should not become disproportionate to the economic
value and profitability of the mining operations. There is also a need to ensure
certainty, stability and predictability of the fiscal regime applicable to mining. The
State has the power, coupled with the duty as a trustee of natural resources of the
nation, to advance the national interest, inter alia, by ensuring harmonised mineral
development (and consequent economic development) across the nation, rather
than creating localised pockets of mineral resource driven growth.
5. The Mines and Minerals (Development and Regulation) Amendment
Bill, 2026, inter alia, provides forthe following,namely:—
322 THE GAZETTE OF IND4IA EXTRAORDINARY [Part II—
(i) the Union will take under its control the regulation of mineral
bearing lands having the mineral contents in accordance with the parameters
prescribed by the Central Government under the MMDR Act. This is in
addition to the existing provision which declares the Union’s control over the
regulation of mines and the development of minerals;
(ii) insertion of a new section 9D in the MMDR Act which provides
that no tax, cess or such other levy (by whatever name called) shall be
imposed by the State Government on mineral rights; or mineral bearing
lands, either based on mineral quantity, mineral value, royalty or otherwise,
except in accordance with such conditions or restrictions as may be
prescribed by the Central Government. It further seeks to provide that any
such tax, cess or other levy which is not deposited with the State
Government or recovered by it before the commencement of the Mines and
Minerals (Development and Regulation) Amendment Act, 2026, shall be
deemed to be invalid at all material times. However, any such tax, cess or
other levy on mineral rights or on mineral bearing lands, already deposited
with the State Government or recovered by it before such commencement,
shall not be liable to be refunded.
6. The above amendments strive to provide certainty, stability and
predictability in the fiscal regime in the mineral sector, thereby giving impetus to
national economic growth which would facilitate the aims of Atmanirbhar Bharat
and ultimately attaining the vision of Viksit Bharat 2047.
7.The Bill seeks to achieve the above objectives.
NEWDELHI; G.KISHAN REDDY.
The7thAugust, 2026.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 23
FINANCIAL MEMORANDUM
The Mines and Minerals (Development and Regulation) Amendment
Bill, 2026, if enacted, would not involve any expenditure, either recurring or
non-recurring nature, from the Consolidated Fund of India.
524 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 5 of the Bill seeks to amend section 13 of the Mines and Minerals
(Development and Regulation) Act, 1957 so as to empower the Central
Government to make rules for prescribing the conditions or restrictions subject to
which the State Government may impose tax, cess or such other levy on mineral
rights or on mineral bearing lands.
2.The matters in respect of which the rules may be made under the aforesaid
provision are matters of detail and it is not practicable to provide for them in the
Bill itself. The delegation of legislative power is, therefore, of a normal character.
6Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 25
LOK SABHA
------
CORRIGENDUM
to
The Mines and Minerals (Development and Regulation) Amendment Bill, 2026
[To be/As introduced in Lok Sabha]
S. No. Page No. Line No. For Read
1. 2 20 “imposition of any such “imposition of such
tax,” tax,”
NEW DELHI;
August 08, 2026_______
Sravana 17, 1948 (Saka)26 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
BBILilLl NNoo.. 115555 OofF 2 2002266
A Bill to alter the name of the State ofKerala.
BE it enacted by Parliament in the Seventy-seventh Year of the Republic of
India as follows:—
1. (1)ThisActmaybe called the Kerala (Alteration of Name)Act, 2026. Short title and
commencement.
(2) It shall come intoforceon suchdateastheCentralGovernment may,by
5 notification in the Official Gazette, appoint.
2.In this Act, unless the context otherwise requires,–– Definitions.
(a) “appointed day” means the date appointed under sub-section (2) of
section 1;
(b) “appropriate Government” means, as respects a law relating to a
10 matter enumerated in List I in the Seventh Schedule to the Constitution, the
Central Government, and as respects any other law, the State Government;Sec. 2] THE GAZETTE OF IND2IA EXTRAORDINARY 27
(c)“law” includes any enactment, Ordinance, regulation, order, bye-law,
rule, scheme, notification or other instrument having the force of law in the
whole or any part of the State of Kerala.
3. On and from the appointed day, the State of Kerala shall be known as the
Alteration of
name of State of State of Keralam. 5
Kerala.
Amendment of 4. In article 31A of the Constitution, in clause (2), in sub-clause (a), in
article 31A. item (i), for the word “Kerala”, the word “Keralam” shall be substituted.
Amendment of 5. In article 290A of the Constitution, for the word “Kerala”, the word
article 290A. “Keralam” shall be substituted.
Amendment of 6. In the First Schedule to the Constitution, under the heading “I. THE 10
First Schedule to STATES”, in entry 5, under the column “Name”, for the word “Kerala”, the word
Constitution.
“Keralam” shall be substituted.
Amendment of 7.In the Fourth Schedule to the Constitution, under the heading “TABLE”, in
Fourth Schedule entry 9, in the second column, for the word “Kerala”, the word “Keralam” shall be
to Constitution. 15
substituted.
Power to adapt 8.(1) For the purpose of giving effect to the alteration of the name of the State
laws. of Kerala by section 3, the appropriate Government may, before the expiration of
one year from the appointed day, by order, make such adaptations and modifications
of any law made before the appointed day, whether by way of repeal or amendment,
as may be necessary or expedient, and thereupon every such law shall have effect 20
subject to the adaptations and modifications so made.
(2) Nothing in sub-section (1) shall be deemed to prevent a competent
Legislature or other competent authority from repealing or amending any law
adapted or modified by the appropriate Government under the said sub-section.
Power to 9.Notwithstanding that no provision or insufficient provision has been made 25
construe laws. under section 8 for the adaptation of a law made before the appointed day, any court,
tribunal or authority, required or empowered to enforce such law, may construe the
law in such manner,without affecting the substance, as may be necessary or proper
in regard to the matter before the court, tribunal or authority.
Legal 10. Where immediately before the appointed day any legal proceedings are 30
proceedings. pending to which the State of Kerala is a party, the State of Keralam shall be deemed
to have been substituted for the State of Kerala in those proceedings.28 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
STATEMENT OF OBJECTS AND REASONS
The Government of Kerala forwarded to the Central Government, the
resolution passed by the Legislative Assembly of Kerala on 24th June, 2024 stating,
inter alia, that necessary steps may be taken to amend the First Schedule to the
Constitution by modifying the name of State of “Kerala” as “Keralam” in
accordance with article 3 of the Constitution.
2. As required by the proviso to article 3 of the Constitution, the President
referred the Bill to the Legislature of the State of Kerala for expressing its views
thereon. The Legislative Assembly of Kerala considered the Kerala (Alteration of
Name) Bill,2026 and adopted a unanimous Resolution agreeing with the Bill.
3.The Kerala (Alteration of Name) Bill, 2026 provides for such alteration of
name of the State of Kerala and contains necessary amendments to the provisions
of the Constitution and also consequential provisions.
NEWDELHI; AMIT SHAH.
The29thJuly, 2026.
————
PRESIDENT’S RECOMMENDATION UNDERARTICLE 3 OF
THE CONSTITUTION OF INDIA
————
[Copy of letter No. 19012/01/2026-SR dated the 07.08.2026 from Shri Amit
Shah, Minister of Home Affairs and Cooperation to the Secretary-General,
Lok Sabha]
The President, having been informed of the subject matter of the proposed
“Kerala (Alteration of Name) Bill, 2026”, recommends the introduction of the Bill
in the Lok Sabha under article 3 of the Constitution of India.
————
3Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 29
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 8 of the Bill empowers the State Government to adapt and modify
existing laws for the purpose of giving effect to the alteration of name of the State
of Kerala to Keralam by clause 3. This power will be available only for a period of
one year from the appointed day. The adaptations and modifications cannot affect
the substance of the laws adapted.
2.The delegation of legislative power is of a normal character.
430 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
NATIONAL CO-OPERAVE DEVELOPMENT N (AMENDMENT
2026
BBILilLl NNoo.. 115566 oOfF 2 2002266
A Bill further to amend the National Co-operative Development Corporation Act, 1962.
BE it enacted by Parliament in the Seventy-seventh Year of the Republic of
India as follows:––
1. (1) This Act may be called the National Co-operative Development Short title and
commencement.
Corporation (Amendment) Act, 2026.
5 (2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
26 of 1962. 2. In the National Co-operative Development Corporation Act, 1962 Amendment of
section 2.
(hereinafter referred to as the principal Act), in section 2,––
(a)clause (aba) shall be omitted;Sec. 2] THE GAZETTE OF IND2I A EXTRAORDINARY 31
(b) after clause (b), the following clause shall be inserted, namely:––
‘(ba) “co-operative development” means planning, promoting and
financing programmes, whether directly or through any intermediary
entity, to co-operative societies;’;
(c) in clause (c), for the words and figures “the Multi-State Co-operative 5
Societies Act, 1984 or under any other law with respect to co-operative 51 of 1984.
societies for the time being in force in any State”, the words and figures “the
Multi-State Co-operative Societies Act, 2002 or under any other law with 39 of 2002.
respect to co-operative societies for the time being in force” shall
be substituted; 10
(d) in clause (da), after sub-clause (viii), the following sub-clauses shall
be inserted, namely:––
“(ix) processed food and other edible products;
(x) any other food items as may be notified by the Central
Government;”; 15
(e) in clause (dba), for the words “in the rural area and includes any
handicrafts or rural crafts”, the words “including any handicrafts or other
crafts” shall be substituted;
(f) after clause (dd), the following clause shall be inserted, namely:––
‘(de) “notification” means a notification published in the Official 20
Gazette and the expression “notify” or “notified” shall be construed
accordingly;’.
Omission of 3. Section 2A of the principal Act shall be omitted.
section 2A.
Amendment of
4. In section 3 of the principal Act, in sub-section (4), clause (vii) shall
section 3. be omitted. 25
5. In section 9 of the principal Act,––
Amendment of
section 9.
(a) in sub-section (1),––
(i) for the words “, through co-operative societies”, the words “for
co-operative development” shall be substituted;
(ii) in clause (a), for the words “and notified commodities”, the 30
words “, notified commodities and industrial goods” shall be
substituted;
(b) in sub-section (2),––
(i) for clause (b), the following clause shall be substituted,
namely:–– 35
“(b) provide funds to State Governments for financing
co-operative societies or any entity engaged in co-operative
development, for the purchase of agricultural produce, foodstuffs,
livestock, poultry feed, industrial goods, notified commodities and
notified services on behalf of the Central Government, to the extent 40
such funds are used for co-operative societies;”;
(ii) after clause (d), the following clause shall be inserted, namely:––
“(da) provide loans and grants directly to co-operative
societies or any entity engaged in co-operative development to the
extent such funds are used for co-operative societies, subject to
45
furnishing security, as may be required by the Corporation;”;32 THE GAZETTE OF IND3I A EXTRAORDINARY [Part II—
(iii) after clause (f), the following clause shall be inserted,
namely:––
“(g) with the approval of the Central Government, participate
in the share capital of co-operative societies other than a
5 co-operative society referred to in clause (f), or any entity engaged
in co-operative development.”;
(c) after sub-section (3), the following sub-section shall be inserted,
namely:––
“(4) The entity engaged in co-operative development shall be such
10 as may be determined by the Board.”.
6. After section 9 of the principal Act, the following section shall be inserted, Insertion of
namely:––
new section 9A.
“9A. The Corporation may do all such things as may be necessary or Incidental
powers.
incidental to or consequential upon the exercise of its powers, discharge of its
15 functions and the performance of its duties, under this Act, or under any other
law for the time being in force.”.
7. After section 13 of the principal Act, the following section shall be inserted, Insertion of
new section
namely:––
13A.
“13A. The Corporation may, for the purpose of the efficient discharge of Credit
20 its functions under this Act, collect from or furnish to the Central Government, information.
the Reserve Bank or any banking company or such other financial institution
as may be notified by the Central Government in this behalf, credit
information or other information.”.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 33
STATEMENT OF OBJECTS AND REASONS
The National Co-operative Development Corporation Act, 1962 was enacted
to provide for the incorporation and regulation of the National Co-operative
Development Corporation for planning, and promoting programmes, through
co-operative societies, for the production, processing, marketing, storage, export
and import of agricultural produce, foodstuffs, industrial goods, livestock and
certain other commodities and services and for matters connected therewith.
2. The Act was amended in the years 1973, 1974 and 2002 to diversify the
sources of funds of the Corporation, expand the scope of its activities, enable direct
financing of eligible co-operative societies and include notified services within its
mandate. The statutory framework continues to envisage financial assistance either
through State Governments or directly to registered co-operative societies.
3.The co-operative sector has expanded and diversified considerably in recent
years. Statutory bodies, State Government agencies and other specialised entities
are increasingly engaged in providing infrastructure, technology, processing,
marketing, financial and other services for the development of co-operatives. Since
such entities may not be registered as co-operative societies, the Corporation is
presently unable to finance them directly, even where their activities are intended to
benefit the co-operative sector. Consequently, such proposals are required to be
routed through State Governments or co-operative societies, resulting in procedural
delays and limited uptake.
4.The establishment of a separate Ministry of Cooperation in July, 2021 and
the initiatives undertaken by the Central Government in furtherance of the vision of
“Sahakar se Samriddhi” have substantially enhanced the role of the Corporation in
co-operative development.
5. In view of the expanding requirements of the co-operative sector, it is
considered necessary to broaden the mandate of the Corporation from planning and
promoting programmes through co-operative societies to plan and promote
programmes for co-operative development. It is proposed to enable the Corporation
to provide loans and grants directly to co-operative societies or any entity engaged
in co-operative development to the extent such funds are used for co-operative
societies, subject to furnishing security as may be required by the Corporation. The
National Co-operative Development Corporation (Amendment) Bill, 2026, provides
for the Corporation to participate in the share capital of any co-operatives or any
entity engaged in co-operative development, with the approval of the Central
Government. The co-operative societies shall continue to remain the primary
beneficiaries, while the proposed Bill widens the institutional channels through
which assistance may reach and strengthen the co-operative sector.
6.Further, the National Co-operative Development Corporation (Amendment)
Bill, 2026, inter alia, provides for the following, namely:—
(a) to expand the definition of “foodstuffs” to include any other food
items as may be notified by the Central Government;
(b)to remove the geographical restriction applicable to industrial goods
so as to enable assistance for such activities irrespective of their location;
(c) to update certain statutory references and omit obsolete provisions
relating to institutions and frameworks which are no longer in existence;
(d) to confer upon the Corporation such incidental powers as may be
necessary for the effective discharge of its functions;
(e)to enable the Corporation to collect and furnish credit information or
other information to specified authorities and financial institutions for the
efficient discharge of its functions; and
434 THE GAZETTE OF IND5I A EXTRAORDINARY [Part II—
(f) to enable greater flexibility and legal clarity to the Corporation,
facilitate timely and direct financial assistance for co-operative development
and to respond effectively to the emerging and diversified requirements of the
co-operative sector.
7. The Bill seeks to achieve the above objectives.
NEW DELHI ; AMIT SHAH.
The 7th August, 2026.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 35
FINANCIAL MEMORANDUM
The National Co-operative Development Corporation (Amendment)
Bill, 2026, if enacted would not involve any expenditure either recurring or
non-recurring from the Consolidated Fund of India.
————
UTPAL KUMAR SINGH,
Secretary-General.
UTPAL KUMAR SINGH
Secretary General
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—500GI(S4)—10-08-2026. 6