Section 412 of Companies Act, 2013 – Selection of Members of Tribunal and Appellate Tribunal

SECTION 412. SELECTION OF MEMBERS OF TRIBUNAL AND
APPELLATE TRIBUNAL

[Effective from 12th September, 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.] [1]

 

(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.

 

[1] Substituted by the Companies (Amendment) Act 2017 vide Notification No. File No. 1/1/2018-CL.I dated 9^th February, 2018. Prior to the substitution it read as under:

“(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.”