valid as on 20/07/2018

Section 409. Qualification of President and Members of Tribunal
Effective from 12-09-2013

(1) The President shall be a  who is or has been a Judge of a High Court for five years.

(2) A shall not be qualified for appointment as a Judicial Member unless he—

(a) is, or has been, a judge of a High Court; or

(b) is, or has been, a District Judge for at least five years; or

(c) has, for at least ten years been an advocate of a court.

Explanation.—For the purposes of clause (c), in computing the period during which a person has been an advocate of a court, there shall be included any period during which the person has held judicial office or the office of a member of a or any post, under the Union or a State, requiring special knowledge of law after he become an advocate.

(3) A person shall not be qualified for appointment as a Technical Member unless he—

(a) has, for at least fifteen years been a member of the Indian Corporate Law Service or Indian Legal Service out of which at least three years shall be in the pay scale of Joint Secretary to the Government of India or equivalent or above in that service    ; or

(b) is, or has been, in practice as a  for at least fifteen years; or

(c) is, or has been, in practice as a for at least fifteen years; or

(d) is, or has been, in practice as a company secretary for at least fifteen years; or

(e) is a person of proven ability, integrity and standing having special knowledge and experience, of not less than fifteen years, in law, industrial finance, industrial management or administration, industrial reconstruction, investment, accountancy, labour matters, or such other disciplines related to management, conduct of affairs, revival, rehabilitation and winding up of companies; or

(f) is, or has been, for at least five years, a presiding officer of a Labour Court, Tribunal or National Tribunal constituted under the Industrial Disputes Act, 1947.

Refer Rule 16 & 19 of National Company Law Tribunal Rules, 2016. To view the rule,Click Here
Refer Rule 17 & 18 of National Company Law Tribunal Rules, 2016. To view the rule,Click Here
2(90) Tribunal means the National Company Law Tribunal constituted under section 408
Substituted vide Companies (Amendment) Act, 2017 dated 03.01.2018 effective from 09.02.2018. To view the notification,Click Here
2(17) Chartered Accountant means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) who holds a valid certificate of practice under sub-section (1) of section 6 of that Act
2(24) Company Secretary means a company secretary as defined in clause(c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980 (56 of 1980) who is appointed by a company to perform the functions of a company secretary under this Act.
Substituted vide Companies (Amendment) Act, 2017 dated 03.01.2018 effective from 09.02.2018. To view the notification,Click Here

27.3.16 National Company Law Tribunal Rules, 2016

16. Functions of the President.-

In addition to the general powers provided in the Act and in these rules the President shall exercise the following powers, namely:-

(a) preside over the consideration of cases by the Tribunal;

(b) direct the Registry in the performance of its functions;

(c) prepare an annual report on the activities of the Tribunal;

(d) transfer any case from one Bench to other Bench when the circumstances so warrant;

(e) to withdraw the work or case from the court of a member.

(f) perform the functions entrusted to the President under these rules and such other powers as may be relevant to carry out his duties as head of the Tribunal while exercising the general superintendence and control over the administrative functions of the Members, Registrar, Secretary and other staff of the Tribunal.


27.3.17 National Company Law Tribunal Rules, 2016

17. Functions of the Registrar.-

(1) The Registrar shall have the following functions namely:-

(a) registration of appeals, petitions and applications;

(b) receive applications for amendment of appeal or the petition or application or subsequent proceedings.

(c) receive applications for fresh summons or notices and regarding services thereof;

(d) receive applications for fresh summons or notices and for short date summons and notices:

(e)receive applications for substituted service of summons or notices;

(f)receive applications for seeking orders concerning the admission and inspection of documents;

(g)transmission of a direction or order to the civil court as directed by Tribunal with the prescribed certificates for execution etc., and

(h) such other incidental or matters as the President may direct from time to time.

(2) All adjournments shall normally be sought before the concerned Bench rn court and in extraordinary circumstances, the Registrar may, if so directed by the Tribunal in chambers, at any time adjourn any matter and lay the same before the Tribunal in chambers.


27.3.18 National Company Law Tribunal Rules, 2016

18. Functions of the Secretary-

(1) There shall be a Secretary at the Principal Bench of the Tribunal, New Delhi.

(2) The Secretary shall, under the general superintendence and control of the President, discharge such duties, functions and exercise such powers as are prescribed under these rules and as assigned by the President from time to time.

(3) Secretary shall –

(a) be in charge of the long term projects and initiatives of the Tribunal

(b) supervise the divisions and sections of the Human Resources;

(c) prepare, monitor and manage budgetary allocations and financial managements of the Tribunal and the Benches;

(d) provide all necessary support in the day to day operations of the Tribunal:

(e) manage and supervise the facilities and administrative services of the Tribunal:

(f) manage and administer the public grievances mechanism of the Tribunal;

(g) coordinate with authorised representatives and other professionals in the smooth functioning of the Tribunal;

(h) oversee information and communication technology and other technological facilities in the Tribunal;

(i) manage and facilitate communication and services of the Tribunal;

(j) manage, monitor and administer the public affairs and public safety provisions within the premises of the Tribunal; and

(k) supervise library and research wings of the Tribunal.


27.3.19 National Company Law Tribunal Rules, 2016

19. Delegation of powers by the President.-

The President may assign or delegate to any suitable officer all or some of the functions required by these rules to be exercised by the Registrar.


Commencement Notification dated 09.02.2018


Enforcement notification S.O.2754 (E) dated 12/09/2013


The Companies (Amendment) Act, 2017 (Effective from 03.01.2018)


CAIRR on Google Playsecretarial automation?Subscribe to CAIRR updates!