Amended and updated notes on section 412 of Companies Act 2013. Detail discussion on provisions and rules related to selection of Members of Tribunal and Appellate Tribunal.
Chapter XXVII (Sections 407-434) of the Companies Act, 2013 (CA 2013) deals with the provisions related to National Company Law Tribunal and Appellate Tribunal i.e. NCLT and NCLAT. Section 412 of CA 2013 provides for selection of Members of Tribunal and Appellate Tribunal.
Recently, we have discussed in detail section 411 (Qualifications of chairperson and Members of Appellate Tribunal) of CA 2013. Today, we learn the provisions of section 412 of the Companies Act 2013.
The provisions of section 412 are effective from 12th September, 2013. You may refer Notification No. S.O. 2754(E) dated 12-09-2013. In this article, you will learn detail of the provisions of section 412 the Companies Act 2013.
| Name of Act | The Companies Act 2013 |
|---|---|
| Enacted by | Parliament of India |
| Administered by | Ministry of Corporate Affairs (MCA) |
| Number of Chapters | 29 |
| Number of Sections | 484 (470-43+57) |
| Number of Schedules | 7 |
| You are reading: | |
| Chapter No. | XXVII |
| Chapter Name | National Company Law Tribunal and Appellate Tribunal |
| Section No. | 412 |
| Section Name | Selection of Members of Tribunal and Appellate Tribunal |
| Monthly Updated Edition | Company Law PDF |
Section 412 of Companies Act 2013: Selection of Members of Tribunal and Appellate Tribunal
Section 412 shall come into force on 12th September, 2013 vide Notification No. S.O. 2754(E) dated 12.09.2013.
(1) The President of the Tribunal and the chairperson and Judicial Members of the Appellate Tribunal, shall be appointed after consultation with the Chief Justice of India.
(2) 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) Where in a meeting of the Selection Committee, there is equality of votes on any matter, the Chairperson shall have a casting vote.
(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.