Section 418. Staff of Tribunal and Appellate Tribunal | Companies Act Integrated Ready Reckoner|Companies Act 2013|CAIRR

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Section 418. Staff of Tribunal and Appellate Tribunal

Notified on 01-06-2016

(1) The shall, in consultation with the and the , provide the Tribunal and the Appellate Tribunal, as the case may be, with such and other employees as may be necessary for the exercise of the powers and discharge of the functions of the Tribunal and the Appellate Tribunal.

(2) The officers and other employees of the Tribunal and the Appellate Tribunal shall discharge their functions under the general superintendence and control of the President, or as the case may be, the Chairperson, or any other Member to whom powers for exercising such superintendence and control are delegated by him.

(3) The salaries and allowances and other conditions of service of the officers and other employees of the Tribunal and the Appellate Tribunal shall be such as may be prescribed.

(1) The powers of the Appellate Tribunal may be exercised by the Benches thereof to be constituted by the Chairperson:

Provided that a Bench of the Appellate Tribunal shall have at least one Judicial Member and one Technical Member.

(2) The Benches of the Appellate Tribunal shall ordinarily sit at New Delhi or such other places as the Central Government may, in consultation with the Chairperson, notify:

Provided that the Central Government may, by notification, after consultation with the Chairperson, establish such number of Benches of the Appellate Tribunal, as it may consider necessary, to hear appeals against any direction, decision or order referred to in section 53A of the Competition Act, 2002 and under section 61 of the Insolvency and Bankruptcy Code, 2016.

The powers of Central Government under section 418(1) is delegated to Chairperson of Tribunal and Appellate Tribunal vide its notification dated 14.10.2019. To view the Notification. Click Here.

2(90) Tribunal means the National Company Law Tribunal constituted under section 408

2(4) Appellate Tribunal means the National Company Law Appellate Tribunal constituted under section 410

2(59) Officer includes any director, manager or key managerial personnel or any person in accordance with whose directions or instructions the Board of Directors or any one or more of the directors is or are accustomed to act

Inserted vide Companies (Amendment) Act, 2020 dated 28.09.2020 with effect from 22.01.2021. To view the Act, Click Here and to view the commencement notification, Click Here.

Commencement Notification S.O. 325(E) dated 22.01.2021 under Companies (Amendment) Act, 2020

Companies (Amendment) Act, 2020 dated 28.09.2020

Enforcement Notification S.O. 1934(E) dated 01/06/2016

Notification delegating powers and functions of Central Government under section 418(1) to Tribunal dated 14.10.2019