NCLT Rules G.S.R. 716(E)

The National Company Law Tribunal Rules, 2016

Practice and procedure before the Tribunal: institution of proceedings and petitions, service of notice and process, appearance and pleadings, affidavits and evidence, hearing and disposal, orders and their enforcement, inspection of records, and the NCLT forms.

165 Rules

G.S.R. 716(E) Notification

Form NCLT-1 Petition

G.S.R. 716(E) Enacted 21 July 2016 Enforced 21 July 2016 Ministry of Corporate Affairs

Made under

The Companies Act, 2013 Chapter XXVII

165 rules

Line

Default readable text

Opening text

Preamble

NOTIFICATION

New Delhi, the 21st July,2016

G.S.R.716(E).- In exercise of the powers conferred by section 469 of the Companies Act,2013 (18 of 2013), the Central Government herby makes the following rules, namely:-

Chapter I

Preliminary and Powers of the Tribunal

20 rules

R1 Short title and Commencement

Rule 1 of the NCLT Rules: Short title and Commencement

R2 Definitions and forms etc.

Rule 2 of the NCLT Rules: Definitions and forms etc.

R3 Computation of time period

Rule 3 of the NCLT Rules: Computation of time period

R4 Forms

Rule 4 of the NCLT Rules: Forms

R5 Format of order or direction or rule

Rule 5 of the NCLT Rules: Format of order or direction or rule

R6 Official seal of the Tribunal

Rule 6 of the NCLT Rules: Official seal of the Tribunal

R7 Custody of the records

Rule 7 of the NCLT Rules: Custody of the records

R8 Sitting of the Tribunal

Rule 8 of the NCLT Rules: Sitting of the Tribunal

R9 Sitting hours

Rule 9 of the NCLT Rules: Sitting hours

R10 Working hours

Rule 10 of the NCLT Rules: Working hours

R11 Inherent Powers

Rule 11 of the NCLT Rules: Inherent Powers

R12 Calendar

Rule 12 of the NCLT Rules: Calendar

R13 Listing of cases

Rule 13 of the NCLT Rules: Listing of cases

R14 Power to exempt

Rule 14 of the NCLT Rules: Power to exempt

R15 Power to extend time

Rule 15 of the NCLT Rules: Power to extend time

R16 Functions of the President

Rule 16 of the NCLT Rules: Functions of the President

R17 Functions of the Registrar

Rule 17 of the NCLT Rules: Functions of the Registrar

R18 Functions of the Secretary

Rule 18 of the NCLT Rules: Functions of the Secretary

R19 Delegation of powers by the President

Rule 19 of the NCLT Rules: Delegation of powers by the President

R20 Procedure

Rule 20 of the NCLT Rules: Procedure

Chapter II

Institution of Proceedings and Pleadings

42 rules

R21 Particulars to be set out in the address for service

Rule 21 of the NCLT Rules: Particulars to be set out in the address for service

R22 Initialling alteration

Rule 22 of the NCLT Rules: Initialling alteration

R23 Presentation of petition or appeal

Rule 23 of the NCLT Rules: Presentation of petition or appeal

R23A Presentation of joint petition

Rule 23A of the NCLT Rules: Presentation of joint petition

R24 Number of copies to be filed

Rule 24 of the NCLT Rules: Number of copies to be filed

R25 Lodging of caveat

Rule 25 of the NCLT Rules: Lodging of caveat

R26 Endorsement and Verification

Rule 26 of the NCLT Rules: Endorsement and Verification

R27 Translation of document

Rule 27 of the NCLT Rules: Translation of document

R28 Endorsement and scrutiny of petition or appeal or document

Rule 28 of the NCLT Rules: Endorsement and scrutiny of petition or appeal or document

R29 Registration of proceedings admitted

Rule 29 of the NCLT Rules: Registration of proceedings admitted

R30 Calling for records

Rule 30 of the NCLT Rules: Calling for records

R31 Production of authorisation for and on behalf of an association

Rule 31 of the NCLT Rules: Production of authorisation for and on behalf of an association

R32 Interlocutory applications

Rule 32 of the NCLT Rules: Interlocutory applications

R33 Procedure on production of defaced, torn or damaged documents

Rule 33 of the NCLT Rules: Procedure on production of defaced, torn or damaged documents

R34 General Procedure

Rule 34 of the NCLT Rules: General Procedure

R35 Advertisement detailing petition

Rule 35 of the NCLT Rules: Advertisement detailing petition

R36 Maintenance of Cash Register

Rule 36 of the NCLT Rules: Maintenance of Cash Register

R37 Notice to Opposite Party

Rule 37 of the NCLT Rules: Notice to Opposite Party

R38 Service of Notices and processes

Rule 38 of the NCLT Rules: Service of Notices and processes

R38A Multiple remedies

Rule 38A of the NCLT Rules: Multiple remedies

R39 Production of Evidence by Affidavit

Rule 39 of the NCLT Rules: Production of Evidence by Affidavit

R40 Production of additional evidence before the Bench

Rule 40 of the NCLT Rules: Production of additional evidence before the Bench

R41 Filing of Reply and other Documents by the Respondents

Rule 41 of the NCLT Rules: Filing of Reply and other Documents by the Respondents

R42 Filing of Rejoinder

Rule 42 of the NCLT Rules: Filing of Rejoinder

R43 Power of the Bench to call for further information or evidence

Rule 43 of the NCLT Rules: Power of the Bench to call for further information or evidence

R44 Hearing of petition or applications

Rule 44 of the NCLT Rules: Hearing of petition or applications

R45 Rights of a party to appear before the Tribunal

Rule 45 of the NCLT Rules: Rights of a party to appear before the Tribunal

R46 Registration of authorised representative’s interns

Rule 46 of the NCLT Rules: Registration of authorised representative’s interns

R47 Oath to the witness

Rule 47 of the NCLT Rules: Oath to the witness

R48 Consequence of non-appearance of applicant

Rule 48 of the NCLT Rules: Consequence of non-appearance of applicant

R49 Ex-parte Hearing and disposal

Rule 49 of the NCLT Rules: Ex-parte Hearing and disposal

R50 Registry to send certified copy

Rule 50 of the NCLT Rules: Registry to send certified copy

R51 Power to regulate the procedure

Rule 51 of the NCLT Rules: Power to regulate the procedure

R52 Summoning of witnesses and recording Evidence

Rule 52 of the NCLT Rules: Summoning of witnesses and recording Evidence

R53 Substitution of legal representatives

Rule 53 of the NCLT Rules: Substitution of legal representatives

R54 Assessors or valuers

Rule 54 of the NCLT Rules: Assessors or valuers

R55 Pleadings before the Tribunal

Rule 55 of the NCLT Rules: Pleadings before the Tribunal

R56 Application for execution

Rule 56 of the NCLT Rules: Application for execution

R57 Issue of process of execution

Rule 57 of the NCLT Rules: Issue of process of execution

R58 Effect of non-compliance

Rule 58 of the NCLT Rules: Effect of non-compliance

R59 Procedure for imposition of penalty under the Act

Rule 59 of the NCLT Rules: Procedure for imposition of penalty under the Act

R60 Matters relating to the Judgments or Orders of the Tribunal

Rule 60 of the NCLT Rules: Matters relating to the Judgments or Orders of the Tribunal

Chapter III

Service, Appearance and Cause List

35 rules

R61 Amicus Curiae

Rule 61 of the NCLT Rules: Amicus Curiae

R62 Recusal

Rule 62 of the NCLT Rules: Recusal

R63 Presentation and scrutiny of petitions or applications

Rule 63 of the NCLT Rules: Presentation and scrutiny of petitions or applications

R64 Matter earlier dealt by Company Law Board

Rule 64 of the NCLT Rules: Matter earlier dealt by Company Law Board

R65 Petition or Application under sub-section (2) of section 45QA of the Reserve Bank of India Act, 1934 (2 of 1934)

Rule 65 of the NCLT Rules: Petition or Application under sub-section (2) of section 45QA of the Reserve Bank of India Act, 1934 (2 of 1934)

R66 Application under sub-section (7) of section 7

Rule 66 of the NCLT Rules: Application under sub-section (7) of section 7

R67 Petition under sub-section (41) of section 2

Rule 67 of the NCLT Rules: Petition under sub-section (41) of section 2

R68 Petition under section 14

Rule 68 of the NCLT Rules: Petition under section 14

R68A Application to cancel variation of rights under sub-section (2) of section 48

Rule 68A of the NCLT Rules: Application to cancel variation of rights under sub-section (2) of section 48

R69 Petition under sub-section (3) of section 55

Rule 69 of the NCLT Rules: Petition under sub-section (3) of section 55

R70 Appeal under sections 58 and 59

Rule 70 of the NCLT Rules: Appeal under sections 58 and 59

R71 Application under proviso to clause (b) of sub-section (1) of section 61

Rule 71 of the NCLT Rules: Application under proviso to clause (b) of sub-section (1) of section 61

R72 Appeal against the order of the Government under Section 62(4)

Rule 72 of the NCLT Rules: Appeal against the order of the Government under Section 62(4)

R73 Application under sections 71(9), 71(10), section 73(4) or section 74(2) and 76(2)

Rule 73 of the NCLT Rules: Application under sections 71(9), 71(10), section 73(4) or section 74(2) and 76(2)

R74 Application for calling or obtaining a direction to call annual general meeting

Rule 74 of the NCLT Rules: Application for calling or obtaining a direction to call annual general meeting

R75 Application for obtaining an order for calling of general meeting (other than Annual General Meeting)

Rule 75 of the NCLT Rules: Application for obtaining an order for calling of general meeting (other than Annual General Meeting)

R76 Inspection of minute-books of general meeting

Rule 76 of the NCLT Rules: Inspection of minute-books of general meeting

R76A Application under section 130

Rule 76A of the NCLT Rules: Application under section 130

R77 Application under section 131

Rule 77 of the NCLT Rules: Application under section 131

R78 Application under Section 140

Rule 78 of the NCLT Rules: Application under Section 140

R79 Application under section 169

Rule 79 of the NCLT Rules: Application under section 169

R80 Application under section 213 for investigation

Rule 80 of the NCLT Rules: Application under section 213 for investigation

R80A Application under section 230

Rule 80A of the NCLT Rules: Application under section 230

R81 Application under section 241

Rule 81 of the NCLT Rules: Application under section 241

R82 Withdrawal of Application filed under section 241

Rule 82 of the NCLT Rules: Withdrawal of Application filed under section 241

R83 Application under section 243

Rule 83 of the NCLT Rules: Application under section 243

R83A Application under sub-section (1) of section 244

Rule 83A of the NCLT Rules: Application under sub-section (1) of section 244

R84 Right to apply under section 245

Rule 84 of the NCLT Rules: Right to apply under section 245

R85 Conducting a class action suit

Rule 85 of the NCLT Rules: Conducting a class action suit

R86 Rule of opt-out

Rule 86 of the NCLT Rules: Rule of opt-out

R87 Publication of notice

Rule 87 of the NCLT Rules: Publication of notice

R87A Appeal or application under sub-section (1) and sub-section (3) of section 252

Rule 87A of the NCLT Rules: Appeal or application under sub-section (1) and sub-section (3) of section 252

R88 Reference to the Tribunal

Rule 88 of the NCLT Rules: Reference to the Tribunal

R89 Preparation and publication of daily cause list

Rule 89 of the NCLT Rules: Preparation and publication of daily cause list

R90 Carry forward of cause list and adjournment of cases on account of non sitting of a Bench

Rule 90 of the NCLT Rules: Carry forward of cause list and adjournment of cases on account of non sitting of a Bench

Chapter IV

Affidavits, Evidence and Examination

40 rules

R91 Diaries

Rule 91 of the NCLT Rules: Diaries

R92 Order sheet

Rule 92 of the NCLT Rules: Order sheet

R93 Maintenance of court diary

Rule 93 of the NCLT Rules: Maintenance of court diary

R94 Statutes or citations for reference

Rule 94 of the NCLT Rules: Statutes or citations for reference

R95 Calling of cases in court

Rule 95 of the NCLT Rules: Calling of cases in court

R96 Regulation of court work

Rule 96 of the NCLT Rules: Regulation of court work

R97 Registers to be maintained

Rule 97 of the NCLT Rules: Registers to be maintained

R98 Arrangement of records in pending matters

Rule 98 of the NCLT Rules: Arrangement of records in pending matters

R99 Contents of main file

Rule 99 of the NCLT Rules: Contents of main file

R100 Contents of process file

Rule 100 of the NCLT Rules: Contents of process file

R101 Execution file

Rule 101 of the NCLT Rules: Execution file

R102 File for miscellaneous applications

Rule 102 of the NCLT Rules: File for miscellaneous applications

R103 Preservation of Record

Rule 103 of the NCLT Rules: Preservation of Record

R104 Retention, Preservation and Destruction of Records

Rule 104 of the NCLT Rules: Retention, Preservation and Destruction of Records

R105 Issue of notice

Rule 105 of the NCLT Rules: Issue of notice

R106 Summons

Rule 106 of the NCLT Rules: Summons

R107 Steps for issue of fresh notice

Rule 107 of the NCLT Rules: Steps for issue of fresh notice

R108 Consequence of failure to take steps for issue of fresh notice

Rule 108 of the NCLT Rules: Consequence of failure to take steps for issue of fresh notice

R109 Entries regarding service of notice or process

Rule 109 of the NCLT Rules: Entries regarding service of notice or process

R110 Default of appearance of respondent and consequences

Rule 110 of the NCLT Rules: Default of appearance of respondent and consequences

R111 Filing of objections by respondent, form and consequences

Rule 111 of the NCLT Rules: Filing of objections by respondent, form and consequences

R112 Fees

Rule 112 of the NCLT Rules: Fees

R113 Award of costs in the proceedings

Rule 113 of the NCLT Rules: Award of costs in the proceedings

R114 Inspection of the records

Rule 114 of the NCLT Rules: Inspection of the records

R115 Grant of inspection

Rule 115 of the NCLT Rules: Grant of inspection

R116 Application for grant of inspection

Rule 116 of the NCLT Rules: Application for grant of inspection

R117 Mode of inspection

Rule 117 of the NCLT Rules: Mode of inspection

R118 Maintenance of register of inspection

Rule 118 of the NCLT Rules: Maintenance of register of inspection

R119 Appearance of authorised representative

Rule 119 of the NCLT Rules: Appearance of authorised representative

R120 Consent for engaging another legal practitioner

Rule 120 of the NCLT Rules: Consent for engaging another legal practitioner

R121 Restrictions on appearance

Rule 121 of the NCLT Rules: Restrictions on appearance

R122 Restriction on party’s right to be heard

Rule 122 of the NCLT Rules: Restriction on party’s right to be heard

R123 Empanelment of special authorised representatives by the Tribunal

Rule 123 of the NCLT Rules: Empanelment of special authorised representatives by the Tribunal

R124 Professional dress for the authorised representatives

Rule 124 of the NCLT Rules: Professional dress for the authorised representatives

R125 Title of affidavits

Rule 125 of the NCLT Rules: Title of affidavits

R126 Form and contents of the affidavit

Rule 126 of the NCLT Rules: Form and contents of the affidavit

R127 Persons authorised to attest

Rule 127 of the NCLT Rules: Persons authorised to attest

R128 Affidavits of illiterate, visually challenged persons

Rule 128 of the NCLT Rules: Affidavits of illiterate, visually challenged persons

R129 Identification of deponent

Rule 129 of the NCLT Rules: Identification of deponent

R130 Annexures to the affidavit

Rule 130 of the NCLT Rules: Annexures to the affidavit

Chapter V

Orders, Records and Miscellaneous

35 rules

R131 Application for production of documents, form of summons

Rule 131 of the NCLT Rules: Application for production of documents, form of summons

R132 Suo motu summoning of documents

Rule 132 of the NCLT Rules: Suo motu summoning of documents

R133 Marking of documents

Rule 133 of the NCLT Rules: Marking of documents

R134 Return and transmission of documents

Rule 134 of the NCLT Rules: Return and transmission of documents

R135 Procedure for examination of witnesses, issue of Commissions

Rule 135 of the NCLT Rules: Procedure for examination of witnesses, issue of Commissions

R136 Examination in camera

Rule 136 of the NCLT Rules: Examination in camera

R137 Form of oath or affirmation to witness

Rule 137 of the NCLT Rules: Form of oath or affirmation to witness

R138 Form of oath or affirmation to interpreter

Rule 138 of the NCLT Rules: Form of oath or affirmation to interpreter

R139 Officer to administer oath

Rule 139 of the NCLT Rules: Officer to administer oath

R140 Form recording of deposition

Rule 140 of the NCLT Rules: Form recording of deposition

R141 Numbering of witnesses

Rule 141 of the NCLT Rules: Numbering of witnesses

R142 Grant of discharge certificate

Rule 142 of the NCLT Rules: Grant of discharge certificate

R143 Witness allowance payable

Rule 143 of the NCLT Rules: Witness allowance payable

R144 Records to be furnished to the Commissioner

Rule 144 of the NCLT Rules: Records to be furnished to the Commissioner

R145 Taking of specimen handwriting, signature etc

Rule 145 of the NCLT Rules: Taking of specimen handwriting, signature etc

R146 Disposal of Cases

Rule 146 of the NCLT Rules: Disposal of Cases

R147 Operative portion of the order

Rule 147 of the NCLT Rules: Operative portion of the order

R148 Corrections

Rule 148 of the NCLT Rules: Corrections

R149 Power to impose Costs

Rule 149 of the NCLT Rules: Power to impose Costs

R150 Pronouncement of Order

Rule 150 of the NCLT Rules: Pronouncement of Order

R151 Pronouncement of order by any one member of the Bench

Rule 151 of the NCLT Rules: Pronouncement of order by any one member of the Bench

R152 Authorising any member to pronounce order

Rule 152 of the NCLT Rules: Authorising any member to pronounce order

R153 Enlargement of time

Rule 153 of the NCLT Rules: Enlargement of time

R154 Rectification of Order

Rule 154 of the NCLT Rules: Rectification of Order

R155 General power to amend

Rule 155 of the NCLT Rules: General power to amend

R156 Making of entries by Court Master

Rule 156 of the NCLT Rules: Making of entries by Court Master

R157 Transmission of order by the Court Master

Rule 157 of the NCLT Rules: Transmission of order by the Court Master

R158 Format of order

Rule 158 of the NCLT Rules: Format of order

R159 Indexing of case files after disposal

Rule 159 of the NCLT Rules: Indexing of case files after disposal

R160 Transmission of files or records or orders

Rule 160 of the NCLT Rules: Transmission of files or records or orders

R161 Filing of Order of the Tribunal with the Registrar of Companies

Rule 161 of the NCLT Rules: Filing of Order of the Tribunal with the Registrar of Companies

R162 Copies of orders in library

Rule 162 of the NCLT Rules: Copies of orders in library

R163 Register of Appeals, Petitions, etc

Rule 163 of the NCLT Rules: Register of Appeals, Petitions, etc

R164 Placing of National Company Law Appellate Tribunal orders before Tribunal

Rule 164 of the NCLT Rules: Placing of National Company Law Appellate Tribunal orders before Tribunal

R165 Registrar to ensure compliance of National Company Law Appellate Tribunal orders

Rule 165 of the NCLT Rules: Registrar to ensure compliance of National Company Law Appellate Tribunal orders