ADR
An Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto.
PILLARS OF ADR
Arbitration
Arbitration is a process to resolve disputes among parties to the transaction by appointing one or more arbitrators thereby passing an award as conclusion of the arbitration process. The various covenants with respect to the entire process of Arbitration are laid out in The ARBITRATION & CONCILIATION ACT, 1996.
Conciliation
This Part shall apply to conciliation of disputes arising out of legal relationship, whether contractual or not and to all proceedings relating thereto. The various covenants with respect to the entire process of Conciliation are laid out in The ARBITRATION & CONCILIATION ACT, 1996.
LokAdalat
LokAdalat basically represents a system where the contention between the parties are addressed before the court and process is sought after to amicably resolve the dispute between parties in court of People. The offences which does not fall under the categorisation of Compoundable are not considered as qualifiers for LokAdalat process.
Mediation
Mediation is a completely different resolution process in comparison to other three processes as explained above. Mediator holds position with respect to helping the parties reach towards a solution that is mutually agreeable without any form of dispute.
Boards
Banking Codes and Standards Board of India
The Banking Codes and Standards Board of India is a mechanism with the help of which consumers who form the axel of the Banking are protected in terms of services that relate to the Banking facilities offered by the Bankers.
Central Board of Indirect Taxes and Customs
The board was formerly known as the Central Board of Excise and Customs and their main function is to carry out the function of regulating the affairs that are linked to Central Excise, Narcotics, Service Taxes & Customsi.e (Import & export activities and the revenue generated out of the said transactions).
Central board of Film Certification
Their primary duty is to certify the films that are telecasted in India. There are different grades of certification that are awarded to the films based upon the theme and contents present in the respective reels of film.
Central Pollution Control Board
Their primary responsibility is to take care of control of pollution and issue necessary advisories in order to restore the quality of resources. The main laws that are covered under the CPCB are as follows:
Water (Prevention and Control of Pollution) Act, 1974
Air (Prevention and Control of Pollution) Act, 1981
Environment (Protection) Act, 1986
Copyright Board
The Board takes care of the issues that are entangled with respect to Copyright as it is a very sensitive area and the Intellectual property rights are consistently being put to test as there prevails conflict of interest and in today’s world of internet the disputes conspicuous to the area of Copyright are rife.
Insolvency & Bankruptcy Board of India
The Preamble of the Insolvency and Bankruptcy Code describes the basic functions of the Insolvency and Bankruptcy Code as “…to consolidate and amend the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximization of the value of assets of such persons, to promote entrepreneurship, availability of credit and balance the interests of all the stakeholders including alteration in the order of priority of payment of Government dues and to establish an Insolvency and Bankruptcy Board of India, and for matters connected therewith or incidental thereto.”
Intellectual Property Appellate Board
IPAB as the name suggests mainly relates to the matters that are brought for appeals under the garment of Intellectual Property Rights. Areas covering Intellectual Property are as below.
- Trademarks
- Copyrights
- Patents
- Designs
- Geographical Indications
- Plant varieties
- Semiconductor Integrated circuits
- Biological Diversity
Juvenile Justice Board
JJB is different from the routine course of criminal court. Juveniles classified under the respective age group committing crimes are presented for appropriate actions.
Petroleum and Natural Gas Regulatory Board, India
PNGRB takes care of all issues that are concerned with petroleum, petroleum products and natural gas for the entire geographical locations in India.
Securities & Exchange Board of India
The Preamble of the Securities and Exchange Board of India describes the basic functions of the Securities and Exchange Board of India as “…to protect the interests of investors in securities and to promote the development of, and to regulate the securities market and for matters connected therewith or incidental thereto”.
Commissions
Central Information commission
Section-18. (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,—
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Who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by
reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public
Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to
the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central
Information Commission or the State Information Commission, as the case may be;
- Who has been refused access to any information requested under this Act;
- Who has not been given a response to a request for information or access to information within the time limit specified under this Act;
- Who has been required to pay an amount of fee which he or she considers unreasonable;
- Who believes that he or she has been given incomplete, misleading or false information under this Act; and
- In respect of any other matter relating to requesting or obtaining access to records under this Act.
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Where the Central Information Commission or State Information Commission,
as the case may be, is satisfied that there are reasonable grounds to inquire into the
matter, it may initiate an inquiry in respect thereof.
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The Central Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same
powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:—
- Summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things;
- Requiring the discovery and inspection of documents;
- Receiving evidence on affidavit;
- Requisitioning any public record or copies thereof from any court or office;
- Issuing summons for examination of witnesses or documents; and
- Any other matter, which may be prescribed.
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Notwithstanding anything inconsistent contained in any other Act of Parliament or State Legislature, as the case may be, the Central Information
Commission or the State Information Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record to which this Act
applies which is under the control of the public authority, and no such record may be withheld from it on any ground.
Competition Commission
Preamble to the Competition Act
An Act to provide, keeping in view of the economic development of the country, for the establishment of a Commission to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets, in India, and for matters connected therewith or incidental thereto.
To achieve its objectives, the Competition Commission of India endeavours to do the following:
Make the markets work for the benefit and welfare of consumers.
Ensure fair and healthy competition in economic activities in the country for faster and inclusive growth and development of economy.
Implement competition policies with an aim to effectuate the most efficient utilization of economic resources.
Develop and nurture effective relations and interactions with sectorial regulators to ensure smooth alignment of sectorial regulatory laws in tandem with the competition law.
Consumer Commission
The Consumer Commission has been classified into three tier system based upon their respective jurisdictions:
The District Forum
State Commissions
The National Commission
Election Commission
Election commission are vested with the primary responsibility of conducting elections across India for Lok Sabha, Rajya Sabha, Vidhan Sabha & VidhanParishad along with other Local bodies as articulated in our Indian constitution. Article 324 to 329 of our Indian Constitution clarifies about the role, responsibility, duties & functions of the Election Commission of India.
Electricity Regulatory Commission
ERC has to make sure that the tariffs for Electricity are well regulated as per norms, there should be standardisation of planning and other issues that falls under the purview of electricity monitoring.
Human Rights commission
HRC plays a very important role in India as far as Human rights are concerned. They are instrumental in making sure that rights of individual are protected to the best possible level and there is no form of violation as far as Human Rights are concerned.
Law Commission
Law commission is important body that plays a supplementary function in providing assistance to the Ministry of Law & Justice.
ion in furtherance of law reform in India.
Courts
Courts are generally classified into Civil & Criminal courts that are subjugated to the basic classification as part of courts. Always the institution of suits or cases are started from the lowest courts having jurisdiction and climbs up to the highest level till Supreme court which is the sovereign court of the country.
Classification of courts (Civil & Criminal)
- Judicial Magistrate First class / Metropolitan Magistrate
- Civil Judge Junior Division / City Civil Judge
- Civil Judge Senior Division
- Sessions court / Principal Judge
- High court
- Supreme Court
Collector
Matters related to Land, Revenue & other special provisions that are empowered to the Collectors are adjudicated before them. The respective Statutes along with their rules provide the proper classification of matters that are carried out before the Additional, Deputy & District Collectors.
Municipal Corporation
Certain matters are under the jurisdiction of Municipal Corporation and they play an important role in taking care of the local requirements that are essential for the citizens of country.
Regulating Authorities
Food Safety & Standards Authority of India
The main function of the FSSAI stands as a cornerstone in making sure that Food Safety Standards are maintained to facilitate quality product to the public at large for consumption.
There is an act that governs the entire perspective of food quality known by the reference of Food Safety and Standards Act, 2006.
Insurance Regulatory Development Authority (IRDA)
IRDA plays important role in making sure that the policy holders who are covered under any form of insurance are protected and grievances that occur are addresses by the respective authorities to safeguard the rights of the policy holders.
Real Estate Regulating Authority (RERA)
They play an instrumental role in regulating the real estate projects to make sure that the flat purchasers and builders act as per the framework of agreement and any faulty tactics employed by the Builder shall be punishable depending upon the grievances caused to the flat purchaser.
Telecom Regulatory Authority of India (TRAI)
The main purpose of the TRAI Act is to monitor and take care of telecommunication services, adjudicate disputes and protect the interest of the service providers as well as the consumers. The Act also aims at promoting and ensuring orderly growth of the telecom sector.
Sub-Registrar
The District Registrar has to make sure that the Sub-Registrars are undertaking their activities as required adhering to the part of compliance. Sub Registrar shall alert the district registrar in case of any deviation and shall take directions from the Registrar for the respective work. The updates on a periodic basis are then sent to Inspector General of Registration by the Deputy Registrar.
Tribunals
Cyber Appellate Tribunal
This tribunal handles allform of appeals arising out of the disputes that pertain to the cyber platforms.
The nature of proceedings resembles that of civil court but is governed by principles of natural justice.
Every proceeding shall be considered to be a judicial proceeding.
Competition Appellate Tribunals(Compat)
Appeals are taken care of arising out of the decisions made or order passed by the Competition Commission of India.
Compat is a body having legal embodiment and constituted under the ambit of Competition Act, 2002.
The orders adjudicated under the framework of Compat shall be considered to the effect of having equivalence with respect to a valid decree passed by court of Law.
Debt recovery tribunal & Debt Recovery Appellate Tribunal.
The Debts Recovery Tribunals (DRTs) and Debts Recovery Appellate tribunals handle matters and appeals arising out of the adjudicated matters with respect to Securitisation matters.
APPELLATE TRIBUNAL FOR ELECTIRICITY
Matters that do arise out of the adjudication process in appropriate commissions are entertained in EAT as appeals and further orders are passed after hearing out the parties.
EPF Appellate Tribunals
The tribunal holds the jurisdiction for matters relating to EPF.
GST TRIBUNAL
There are procedural aspects that shall be catered to in terms of appeal before the appellate authority.
There is a form available that has been made available for the public at large in order to submit with the requisite fees.
Central Government Industrial Tribunal-cum-Labour Courts (CGITs)
Industrial Tribunal and labour courts are set up as there are several form of labour disputes that needs special attention and the courts cannot be burdened as they have various disputes in civil and criminal nature.
Therefore this tribunals have been set up across India to look into the matters that are pertinent to Labours & workmen.
Income tax appellate tribunal
Appeals that normally arising out of the Income tax disputes adjudicated by the lower forum are generally brought before the tribunals to pass appropriate orders.
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 Gazette 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 vested 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. DeenDayalAntyodayaBhawan, 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
NGT has been bestowed with the powers of initiating actions on the violators of Environment norms and strict punishment shall be levied in case of not adhering to the parameters that are required for maintaining Environmental standards.
Railway Claims Tribunals
RCT plays an important role for the incidents, occurrences, mishaps that generally occur in the course of travel using medium of Railways and proper adjudication of claim is carried out by the Tribunal so that reliefs shall be met out to the claimants.
Securities Appellate tribunal.
Generally recognized as SAT, they are conferred with the authority of attending to appeals that generates from the relevant orders passed by SEBI (Securities & Exchange Board of India).
Telecom dispute settlement & Appellate Tribunals (TDSAT)
Dispute settlement mechanism is one of the rigors that needs consistent attention and appeals that are backed with the orders that gets formulated because of the lower bodies are being looked after and it is important as the telecom operators need to get specific reliefs at different points of time when there is excess of penalties or taxes levied upon them as per change in circumstances and operational environment.
Tehsildar
Tehsildars function under the supervision of District collectors. The respective Tehsils or Talukas are under the jurisdiction of Tehsildars. The Tehsildar remains in a position with respect to execution of the territory known as Tehsil. The Tehsildars have to report to the seniors and place before them the revenue that has been collected from Land.
