Draft Rules under Companies Act 2013 :: XXVII :: National Company Law Tribunal and Appellate Tribunal

Click Here to download the Draft Rule for Chapter XXVII 




In exercise of the powers conferred by section 469 read with section 408 of Companies Act, 2013 the Central Government hereby makes the following rules namely:-

Part I


Short title and Commencement

1. (1)  These rules shall be called the National Company Law Tribunal Rules, 2013.

(2)  They shall come into force on the date of their publication in the Official Gazette.

(3)  The General Clauses Act, 1897 (10 of 1897) applies to the interpretation of these rules as it applies to the interpretations of a Central Act.

(4)  The requirements with regard to any approval or proceeding etc of or before the Tribunal provided under any other rule made under the Act shall be in addition to the requirements provided under these rules.

(5)  These rules shall also be applicable for the proceedings before the Tribunal in case of limited liability partnerships under LLP Act, 2008 or rules made thereunder and in case of any inconsistency between rules made under the LLP Act, 2008 and these rules, these rules shall apply.


2. In these rules, unless the context or subject- matter otherwise requires,

(1)  Act means the Companies Act, 2013.

(2)  Address for service shall mean the address furnished by a party or his authorized representative at which service of summons, notices or other processes may be effected by these rules;

(3)  Appellate Tribunal means the National Company Law Appellate Tribunal constituted under section 410 the Act;

(4)  Applicant means a petitioner or an appellant or any other person or entity capable of making an application including an interlocutory application or a petition or an appeal under the Act:

Provided that in respect of the matters pertaining to Revival and Rehabilitation of Sick Companies under Chapter XIX of the Act, the term Applicant shall mean and include the following:

(a)  ˜secured creditor (s)™ of a company representing 50% or more of its outstanding amount of debts, which the Company has failed to pay within 30 days of the notice of demand or to secure or compound it to the reasonable satisfaction of the creditor as per the provisions contained in sub-section (1) of section 253 of the Act,

(b)  the company, on failing to pay the debt to its secured creditors to the extent of 50% or more of its outstanding debts within 30 days of the receipt of notice of demand or to secure or compound it to the reasonable satisfaction of the secured creditor.

(c)  the Central Government or the Reserve Bank of India or a State Government or a public financial institution or a State Level Institution or a scheduled bank being an authority which has made a reference in respect of sick company to the Tribunal under sub-section (5) of section 253.

(5)  Application means any application filed under the provisions of the Act, and also includes any written representation seeking interim orders before the Tribunal.

(6)  “Annexure” means an Annexure to these rules;

(7)  Authorised Representative” means a person authorised in writing by a party to present his case before the Tribunal as the representative of such party as provided under section 432 of the Act;

(8)  Bench means a Bench of the Tribunal constituted under section 419 of the Act.

(9)  Body Corporate means the body corporate as defined in sub-section (11) of section 2 of the Act, and includes:

(i)  a limited liability partnership registered under the Limited Liability Partnership Act, 2008;

(ii)  a limited liability partnership incorporated outside India;

(10)  Central Registry means the registry in which all the applications or petitions and documents are received electronically by the Registrar for allocation to the concerned Bench of the Tribunal for disposal;

(11)  Certified means in relation to a copy as hereunder:

(a)  Certified as provided in section 76 of the Indian Evidence Act, 1872; or

(b)  Certified as provided in section 6 of Information Technology Act, 2000 ; or

(c)  A copy of document as may be a downloaded version from e-registry under MCA 21 or any other similar authorized portals or Dedicated Portal Online as may be given name thereto by the Central Government in instance or a photo copy of original pertaining to any company registered with the Office of the Registrar of Companies of the concerned state; and

(d)  A certified copy issued by the Registrar of Companies under the Act;

(12)  Certified by Tribunal means in relation to a copy, certified to be a true copy issued by the Registry of the Tribunal or of a bench of the Tribunal under its hand and seal and as provided in Section 76 of the Indian Evidence Act, 1872;

(13)  Certifying Authority means a person who has been granted a license to issue a Digital Signature Certificate under section 24 of the Information Technology Act, 2000 (21 of 2000);

(14)  Chairperson, Judicial Member, Member, President and Technical Member of the Tribunal or Appellate Tribunal shall have the same meanings as provided in section 407 of the Act;

(15)  Court means the court as defined in sub-section (29) of section 2 of the Act;

(16)  Dedicated Portal Online refers to an Hyper Text Transfer Protocol for the purpose of electronic transmission of documents to the Tribunal for hearing and disposal in pursuance of the provisions of the Act and includes MCA-21 portal;

(17)  Digital signature means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3 of the Information Technology Act, 2000 and includes a graphic image of a handwritten signature;

(18)  Digital Signature Certificate means a Digital Signature Certificate issued under sub-section (4) of section 35 of the Information Technology Act, 2000;

(19)  Document means summons , notice, requisition, a pleading, plea, motion, application, request, exhibit, brief, memorandum of law, paper, or any other instrument in paper form or electronic form and other legal process, and registers, whether issued, sent or kept in pursuance of the Act and Rules made there under or any other Act or otherwise; but, does not include orders of the Tribunal;

(20)  EDGAR (Electronic Data Gathering, Analysis and Retrieval) Filer Manualmeans the current version of the manual prepared by the Tribunal setting out the technical format requirements for an electronic filing of Application or other documents with the Tribunal;

(21)  “Electronic Format” means the computerized format of a document prepared in accordance with Electronic Data Gathering, Analysis, and Retrieval (EDGAR);

(22)  “Electronic Filer” means an Applicant who files Application or other documents with the Tribunal electronically;

(23)  Electronic Filing is a process by which a filer files a document with the Registry of the Tribunal by means of an online computer transmission of the document in electronic form other than by means of fax or e-mail.

(24)  Electronic order means a computerized, non-paper Tribunal order that a Member or Members of the Tribunal signs by applying his or her digitized signature to the order.

(25)  Electronic service is a method of serving a document upon a party by electronically transmitting the document to that party™s e-mail address.

(26)  Electronic Registry means an electronic repository or storage system which receives, stores, protects, preserves and retrieves an application or a Petition or any reply and rejoinder to the application, petition and other addendum to the pleadings in electronic form by the Tribunal;

(27)  Fee means the amount payable in pursuance of the provisions of the Act, and these rules for any petition or application or interlocutory application or a document or for certified copy of document or order of the Tribunal or such other paper as may be specified in Annexure -B to these rules and includes any modifications as may be made thereto or any fee as prescribed for electronic filing of documents to the Tribunal by these rules;

(28)  Filer means a person including an authorized representative of that person or any party to the proceedings who files any document with the Tribunal in relation to case filed under the Act, or any rules there under.

(29)  Filed means filed in the office of the Registry of the Tribunal;

(30)  Filing fees means the fees as applicable in terms of Annexure- Bin connection with the application filed;

(31)  Form means a form specified in Annexure C;

(32)  Party means a person(s) who files a petition or an application before the Tribunal and includes a respondent(s), the Registrar of Companies or the Regional Director or Ministry of Corporate Affairs and any person who has a right under the Act, or the Reserve Bank of India Act 1934 (2 of 1934) to make suggestions or submissions or objections or file reply;

(33)  Petition means a petition or an application or an Appeal or a Complaint in pursuance of which any proceeding is commenced before the Tribunal.

(34)  Person(s) Interested means a shareholder, creditor or employee of a sick company, transferee company and other company concerned in relation to the term or context referred to in relevant provisions of the Act;

(35)  Pleadings means and includes the original application, petitions, applications, reply, statements, counter claim, additional statement supplementing the original applications and reply statements including electronic form as prescribed by these rules and as may be permitted by the Tribunal;

(36)  “Pre-fill” means the automated process of data input by the computer system from the database maintained in electronic registry of either the Tribunal or Ministry of Corporate Affairs;

(37)  Prescribed means prescribed by these rules; and ˜prescribed charges™ and ˜prescribed fees™ mean charges or fees prescribed by these rules and where they are not so prescribed, prescribed by the rules of the Tribunal;

(38)  Prescribed period means that the respective or relevant period to be reckoned as defined in the Limitation Act, 1963.

(39)  Reference” means a reference within the meaning of Rule 108 of these Rules;

(40)  Registrar of Companies includes Additional Registrar, Joint Registrar, Deputy Registrar or an Assistant Registrar.

(41)  Registrar in relation to the Tribunal, means the Registrar appointed to the Principal Bench and in relation to each of the Benches of the Tribunal shall mean an officer of the Central Government so appointed or designated as Registrar or in his absence such other officer of the Tribunal or Bench to whom the powers and functions of the Registrar be delegated.

(42)  Registry means the Registry of the Tribunal or any of its Benches, as the case may be which keeps records of the applications and documents relating thereto;

(43)  Reserve Bank means the Reserve Bank of India and includes its branches and agencies as defined in the Reserve Bank of India Act, 1934;

(44)  The rules mean these rules and include the Rules of the Tribunal regulating the Electronic Filing of Documents and forms prescribed thereto.

(45)  Sealed means sealed with the seal of the Tribunal.

(46)  Secretary” means Secretary to the Tribunal and in the absence of Secretary, such other officer of the Tribunal to whom the powers and functions of the Secretary be delegated.

(47)  Service of Notice or Document includes the electronic service in addition to other modes of services.

(48)  Secured Creditor means and includes bank or financial institution or any consortium or group of banks or financial institutions which have lent any money to the company and subject to the compliance with the relevant provisions of the Act includes the following-

(i)  debenture trustee appointed by any bank or financial institution; or

(ii)  securitization company or reconstruction company, whether acting as such or managing a trust set up by such securitization company or reconstruction company for the securitization or reconstruction, as the case may be; or

(iii)  any other trustee holding securities on behalf of a bank or financial institution, in whose favour security interest is created for due repayment by any borrower of any financial assistance;

(iv)  any person in whose favour, a charge is created on any asset or assets of a company towards a security for the loan borrowed or secured or extended as a guarantee in whomsoever favour it may be on his behalf or other™s behalf either singularly or jointly in association with other.

(49)  Sick Company means and includes a company, which has failed to pay the debt of its secured creditors within 30 days of the notice of demand or to secure or compound it to the reasonable satisfaction of the secured creditors as per section 253 of the Act;

(50)  Transferred Applicationor Transferred Petition means proceedings which have been transferred to the Tribunal from High Court, or Company Law Board or any other court or Tribunal as provided in section 434 of the Act, and shall also include the matters in respect of which the schemes for revival have been sanctioned as per the provisions of Sick Industrial Companies Act, 1985

(51)  Tribunal means the National Company Law Tribunal constituted under section 408 of the Act, and includes its Benches;

(52)  Words expressed in singular may be understood as plural or vice versa if the context so warrants. Likewise, ˜He/his™ may be referred to ˜She/her™ or vice versa. Petition may also be construed as application or appeal or complaint vice versa depending upon the reference which warrants so.

(53)  Words and Expressions used and not defined in these rules but defined in the Act, Competition Act, 2002, the Recovery of Debts Due to Banks And Financial Institutions Act, 1993, the Securitization And Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the Securities Contracts (Regulation) Act, 1956 the Securities and Exchange Board of India Act, 1992 the Depositories Act, 1996; Information Technology Act, 2000; and General Clauses Act, 1897, shall have the meanings respectively assigned to them in those Acts and rules made thereunder.

(54)  Till the implementation of the E-filing system by the Tribunal the documents including petitions, applications etc may be filed physically;

Download the Document for the rest of the rules

profile image

About eMinds Legal

eMinds Legal

eMinds Legal is a Corporate Law Firm based in Gurgaon, India specializing in Corporate Legal, Corporate Secretarial and Compliance. The Firm comprises of a team of Corporate Lawyers and Company Secretaries with in-depth subject matter knowledge and participative industry experience of over 15 years.

21 responses to “Draft Rules under Companies Act 2013 :: XXVII :: National Company Law Tribunal and Appellate Tribunal”

  1. Dear administrator, You always provide great examples and case studies.

  2. I have witnessed that service fees for internet degree authorities tend to be a fantastic value. Like a full Bachelors Degree in Communication with the University of Phoenix Online consists of Sixty credits with $515/credit or $30,900. Also American Intercontinental University Online comes with a Bachelors of Business Administration with a overall education course feature of 180 units and a tuition fee of $30,560. Online learning has made getting the diploma been so cool because you could earn your own degree through the comfort of your home and when you finish from office. Thanks for all tips I have certainly learned from your website.

  3. I can’t believe how amazing this article is! The author has done a tremendous job of conveying the information in an compelling and enlightening manner. I can’t thank her enough for providing such priceless insights that have certainly enriched my awareness in this subject area. Bravo to her for producing such a work of art!

  4. I?m impressed, I must say. Really hardly ever do I encounter a blog that?s each educative and entertaining, and let me tell you, you’ve hit the nail on the head. Your idea is outstanding; the issue is one thing that not sufficient people are speaking intelligently about. I’m very joyful that I stumbled throughout this in my search for one thing relating to this.

  5. horror short says:

    I have come across that these days, more and more people are now being attracted to surveillance cameras and the issue of images. However, as a photographer, you must first invest so much time period deciding which model of digicam to buy as well as moving store to store just so you may buy the most inexpensive camera of the trademark you have decided to decide on. But it doesn’t end now there. You also have take into consideration whether you should obtain a digital video camera extended warranty. Thanks a bunch for the good points I received from your blog site.

  6. video porno says:

    Hi, Neat post. There’s a problem together with your site in web explorer, could test this? IE still is the marketplace chief and a good component to folks will pass over your excellent writing due to this problem.

  7. guy wanking says:

    We would also like to convey that most individuals who find themselves without health insurance usually are students, self-employed and those that are out of work. More than half from the uninsured are under the age of 35. They do not come to feel they are needing health insurance because they’re young plus healthy. Their own income is usually spent on homes, food, as well as entertainment. A lot of people that do go to work either full or not professional are not offered insurance by means of their jobs so they proceed without as a result of rising cost of health insurance in the states. Thanks for the strategies you discuss through this blog.

  8. I am curious to find out what blog system you have been utilizing? I’m having some small security problems with my latest website and I would like to find something more safeguarded. Do you have any suggestions?

  9. I am really enjoying the theme/design of your website. Do you ever run into any browser compatibility issues? A handful of my blog readers have complained about my blog not working correctly in Explorer but looks great in Opera. Do you have any advice to help fix this issue?

  10. You actually make it seem so easy with your presentation but I find this topic to be actually something that I think I would never understand. It seems too complicated and extremely broad for me. I’m looking forward for your next post, I will try to get the hang of it!

  11. bingo plus says:

    One more thing. I think that there are lots of travel insurance web sites of respected companies that permit you to enter a trip details and get you the quotations. You can also purchase the actual international holiday insurance policy on-line by using your current credit card. Everything you should do would be to enter all travel particulars and you can see the plans side-by-side. Just find the program that suits your financial allowance and needs and then use your credit card to buy that. Travel insurance on the web is a good way to search for a reliable company regarding international holiday insurance. Thanks for discussing your ideas.

  12. kontol kuda says:

    Thanks a ton for your post. I would really like to write my opinion that the cost of car insurance varies widely from one plan to another, given that there are so many different facets which play a role in the overall cost. Such as, the model and make of the automobile will have a significant bearing on the price. A reliable aged family car or truck will have an inexpensive premium when compared to a flashy expensive car.

  13. Hi there, I found your website by the use of Google at the same time as looking for a comparable matter, your site got here up, it appears to be like great. I have bookmarked it in my google bookmarks.

  14. video porno says:

    hello!,I love your writing very a lot! share we keep up a correspondence extra approximately your article on AOL? I require an expert on this space to unravel my problem. Maybe that is you! Looking forward to see you.

  15. I do agree with all of the ideas you’ve presented in your post. They’re very convincing and will certainly work. Still, the posts are very short for beginners. Could you please extend them a bit from next time? Thanks for the post.

  16. paper bag says:

    Do you mind if I quote a few of your posts as long as I provide credit and sources back to your website? My website is in the exact same area of interest as yours and my users would definitely benefit from some of the information you provide here. Please let me know if this okay with you. Appreciate it!

  17. Encore une fois, un super article! Bravo.

  18. I have really learned result-oriented things through your blog post. One other thing I have found is that normally, FSBO sellers are going to reject people. Remember, they would prefer to not use your products and services. But if you actually maintain a gentle, professional romance, offering support and keeping contact for around four to five weeks, you will usually have the capacity to win a conversation. From there, a house listing follows. Thanks a lot

  19. Quelle trouvaille ce blog! Je reviendrai, c’est sûr.

  20. Nona Calhoun says:

    Virtually all of whatever you claim happens to be supprisingly precise and that makes me ponder why I had not looked at this with this light before. This particular piece truly did switch the light on for me as far as this particular issue goes. Nonetheless there is 1 position I am not necessarily too comfortable with and while I make an effort to reconcile that with the central theme of your point, allow me see what the rest of your readers have to point out.Nicely done.

  21. Helpful information. Lucky me I discovered your web site unintentionally, and I’m stunned why this twist of fate did not took place in advance! I bookmarked it.

Leave a Reply

Your email address will not be published. Required fields are marked *

India’s Leading Compliance Software

India’s Leading Compliance Software

Get A Demo Today !

Corporate Law Referencer

Corporate Law Referencer

Corporate Law Referencer

Recent Articles

Recent Legal updates

Recent Gst Updates