Section 418 Staff of Tribunal and Appellate Tribunal
- Amendments
- 1
- Last changed
- 22 January 2021
418. Staff of Tribunal and Appellate Tribunal.—
(1) The Central Government shall, in consultation with the Tribunal and the Appellate Tribunal, provide the Tribunal and the Appellate Tribunal, as the case may be, with such officers and other employees as may be necessary for the exercise of the powers and discharge of the functions of the Tribunal and the Appellate Tribunal.
(2) The officers and other employees of the Tribunal and the Appellate Tribunal shall discharge their functions under the general superintendence and control of the President, or as the case may be, the Chairperson, or any other MemberDefined in section 2(55): member, in relation to a company, means the subscriber to the memorandum entered in the register of members, every other person who agrees in writing to become a member and is entered in the register of members, and every person holding shares whose name is entered as a beneficial owner in depository records. to whom powers for exercising such superintendence and control are delegated by him.
(3) The salaries and allowances and other conditions of service of the officers and other employees of the Tribunal and the Appellate Tribunal shall be such as may be prescribed.
Inserted by Companies (Amendment) Act, 2020, s. 59, with effect from 22 January 2021418A. Benches of Appellate Tribunal.—
Inserted by Companies (Amendment) Act, 2020, s. 59, with effect from 22 January 2021(1) The powers of the Appellate Tribunal may be exercised by the Benches thereof to be constituted by the Chairperson:
Inserted by Companies (Amendment) Act, 2020, s. 59, with effect from 22 January 2021Provided that a Bench of the Appellate Tribunal shall have at least one Judicial MemberDefined in section 2(55): member, in relation to a company, means the subscriber to the memorandum entered in the register of members, every other person who agrees in writing to become a member and is entered in the register of members, and every person holding shares whose name is entered as a beneficial owner in depository records. and one Technical MemberDefined in section 2(55): member, in relation to a company, means the subscriber to the memorandum entered in the register of members, every other person who agrees in writing to become a member and is entered in the register of members, and every person holding shares whose name is entered as a beneficial owner in depository records..
Inserted by Companies (Amendment) Act, 2020, s. 59, with effect from 22 January 2021(2) The Benches of the Appellate Tribunal shall ordinarily sit at New Delhi or such other places as the Central Government may, in consultation with the Chairperson, notify:
Inserted by Companies (Amendment) Act, 2020, s. 59, with effect from 22 January 2021Provided that the Central Government may, by notification, after consultation with the Chairperson, establish such number of Benches of the Appellate Tribunal, as it may consider necessary, to hear appeals against any direction, decision or order referred to in section 53A of the Competition Act, 2002 (12 of 2003) and under section 61 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016).