(1) The President of the Tribunal2(90) Tribunal means the National Company Law Tribunal constituted under section 408 and the chairperson and Judicial Members of the Appellate Tribunal2(4) Appellate Tribunal means the National Company Law Appellate Tribunal constituted under section 410, shall be appointed after consultation with the Chief Justice of India.

(2)Substituted vide Companies (Amendment) Act, 2017 dated 03.01.2018 effective from 09.02.2018. To view the notification,Click Here   The Members of the Tribunal and the Technical Members of the Appellate Tribunal shall be appointed on the recommendation of a Selection Committee consisting of—

(a) Chief Justice of India or his nominee – Chairperson;

(b) a senior Judge of the Supreme Court or Chief Justice of High Court -Member;

(c) Secretary in the Ministry of Corporate Affairs – Member; and

(d) Secretary in the Ministry of Law and Justice – Member.

(2A)Inserted vide Companies (Amendment) Act, 2017 dated 03.01.2018 effective from 09.02.2018. To view the notification,Click Here   Where in a meeting of the Selection Committee, there is equality of votes on any matter, the Chairperson shall have a casting vote.

(2)Substituted vide Companies (Amendment) Act, 2017 dated 03.01.2018 effective from 09.02.2018. To view the notification,Click Here The Members of the Tribunal and the Technical Members of the Appellate Tribunal shall be appointed on the recommendation of a Selection Committee consisting of—

(a) Chief Justice of India or his nominee—Chairperson;
(b) a senior Judge of the Supreme Court or a Chief Justice of High Court—Member;
(c) Secretary in the Ministry of Corporate Affairs—Member;
(d) Secretary in the Ministry of Law and Justice—Member; and
(e) Secretary in the Department of Financial Services in the Ministry of Finance— Member.

(3) The Secretary, Ministry of Corporate Affairs shall be the Convener of the Selection Committee.

(4) The Selection Committee shall determine its procedure for recommending persons under sub-section (2).

(5) No appointment of the Members of the Tribunal or the Appellate Tribunal shall be invalid merely by reason of any vacancy or any defect in the constitution of the Selection Committee.

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)