Companies Transfer of Pending Proceedings Rules 2016 is applicable from 1st April 2017.
Chapter XXVII (Sections 407 to 434) of the Companies Act, 2013 deals with the provisions related to National Company Law Tribunal (NCLT). Read with section 434 “Transfer of certain pending proceedings”.
Companies Transfer of Pending Proceedings Rules 2016 is amended by the Companies (Transfer of Pending Proceedings) second Amendments Rules 2017 published vide G.S.R. 732(E) dated 29.06.2017.
The Companies (Transfer of Pending Proceedings) Rules, 2016
[Published vide G.S.R. 1119(E), dated 07-12-2016 and subsequently amended vide G.S.R. 175(E) dated 28.02.2017 and G.S.R. 732(E) dated 29-06-2017.]
In exercise of the powers conferred under sub-sections (1) and (2) of section 434 of the Companies Act, 2013 (18 of 2013) read with sub-section (1) of section 239 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016) (hereinafter referred to as the Code), the Central Government hereby makes the following rules, namely: —
Rule-1: Short title and Commencement
Rule-1(1): These rules may be called the Companies (Transfer of Pending Proceedings) Rules, 2016.
Rule-1(2): They shall come into force with effect from the 15th December, 2016, except rule 4, which shall come into force from 1st April, 2017.
Rule-2: Definitions
Rule-2(1): In these rules, unless the context otherwise requires-
- (a) “Code” means the Insolvency and Bankruptcy Code, 2016 (31 of 2016);
- (b) “Tribunal” means the National Company Law Tribunal constituted under section 408 of the Companies Act, 2013.
Rule-2(2): Words and expressions used in these rules and not defined, but defined in the Companies Act, 1956 (1 of 1956) (herein referred to as the Act), the Companies Act, 2013 (18 of 2013) or the Companies (Court) Rules, 1959 or the Code shall have the meanings respectively assigned to them in the respective Act or rules or the Code, as the case may be.
Rule-3: Transfer of pending proceedings relating to cases other than Winding up
All proceedings under the Act, including proceedings relating to arbitration, compromise, arrangements and reconstruction, other than proceedings relating to winding up on the date of coming into force of these rules shall stand transferred to the Benches of the Tribunal exercising respective territorial jurisdiction:
Provided that all those proceedings which are reserved for orders for allowing or otherwise of such proceedings shall not be transferred.
Rule-4: Pending proceeding relating to Voluntary Winding up
All proceedings relating to voluntary winding up of a company where notice of the resolution by advertisement has been given under sub-section (1) of section 485 of the Act but the company has not been dissolved before the 1st day of April, 2017 shall continue to be dealt with in accordance with provisions of the Act.
Rule-5: Transfer of pending proceedings of Winding up on the ground of inability to pay debts
Rule-5(1): All petitions relating to winding up of a company under clause (e) of section 433 of the Act on the ground of inability to pay its debts pending before a High Court, and, where the petition has not been served on the respondent under rule 26 of the Companies (Court) Rules, 1959 shall be transferred to the Bench of the Tribunal established under sub-section (4) of section 419 of the Companies Act, 2013 exercising territorial jurisdiction to be dealt with in accordance with Part II of the Code:
Provided that the petitioner shall submit all information, other than information forming part of the records transferred in accordance with rule 7, required for admission of the petition under sections 7, 8 or 9 of the Code, as the case may be, including details of the proposed insolvency professional to the Tribunal upto 15th day of July, 2017, failing which the petition shall stand abated:
Provided further that any party or parties to the petitions shall, after the 15th day of July, 2017, be eligible to file fresh applications under sections 7 or 8 or 9 of the Code, as the case may be, in accordance with the provisions of the Code:
Provided also that where a petition relating to winding up of a company is not transferred to the Tribunal under this rule and remains in the High Court and where there is another petition under clause (e) of section 433 of the Act for winding up against the same company pending as on 15th December, 2016, such other petition shall not be transferred to the Tribunal, even if the petition has not been served on the respondent.
Rule-6: Transfer of pending proceedings of Winding up matters on the grounds other than inability to pay debts
All petitions filed under clauses (a) and (f) of section 433 of the Companies Act, 1956 pending before a High Court and where the petition has not been served on the respondent as required under rule 26 of the Companies (Court) Rules, 1959 shall be transferred to the Bench of the Tribunal exercising territorial jurisdiction and such petitions shall be treated as petitions under the provisions of the Companies Act, 2013 (18 of 2013).
Rule-7: Transfer of Records
Pursuant to the transfer of cases as per these rules the relevant records shall also be transferred by the respective High Courts to the National Company Law Tribunal Benches having jurisdiction forthwith over the cases so transferred.
Rule-8: Fees not to be paid
Notwithstanding anything contained in the National Company Law Tribunal Rules, 2016, no fee shall be payable in respect of any proceedings transferred to the Tribunal in accordance with these rules.