Sec 412 Companies Act 2013: Selection of Members of NCLT & NCLAT

SECTION-412 (Selection of Members of Tribunal and Appellate Tribunal) under CHAPTER-XXVII (National Company Law Tribunal and Appellate Tribunal) of the Companies Act, 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 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.

Extra Notes for Readers

(1) The Companies Act, 2013 received the assent of the President on the 29th August, 2013 (Published in the Gazette of India, Extraordinary, Part II - Section 1 by Ministry of Law and Justice, Legislative Department on 30th August, 2013).

(2) Section 412 of the Companies Act 2013 was notified by MCA Notification S.O. 2754(E) dated 12th September 2013 (w.e.f. 12th September 2013).

(3) Also refer:
  • National Company Law Tribunal Rules, 2016 (notified on 21st July 2016)
  • National Company Law Appellate Tribunal Rules, 2016 (notified on 21st July 2016)
Note: Please check MCA site for any further amendments to the Rules.

This page was last updated on 2nd June, 2017.

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