SECTION 418 STAFF OF TRIBUNAL AND APPELLATE TRIBUNAL

#SECTION418

#STAFF

#TRIBUNAL

#APPELLATETRIBUNAL

#PRESIDENT

#COMPANYLAW

#NCLT

#NATIONALCOMPANYLAWTRIBUNAL

#NCLAT

#NATIONALCOMPANYLAWAPPELLATETRIBUNAL

In this section, it talks about -

1. The Central Government the consultation with the Tribunal (National Company Law Tribunal- NCLT[1] is a quasi-judicial[2] body that is allowed for dealing with the corporate disputes which are civil and arising under the Companies Act) and the Appellate Tribunal (National Company Law Appellate Tribunal- NCLAT[3]) depending on the case, with such officers[4] and other employees as may be necessary for the exercise of the Tribunal's powers and the discharge of the Appellate Tribunal's functions.

2. The President, or as the case may be, the chairperson, or any other member to whom powers for exercising such superintendence and control have been delegated, shall supervise the officers and the other employees of the NCLT and NCLAT in performing their duties.

3. Salaries, allowances, and other terms and conditions of employment for the NCLT and NCLAT’s offices and other workers shall be such as may be prescribed.

What is the National Company Law Tribunal?

It is a quasi-judicial body that is authorized to deal with corporate disputes which are civil and arising under the Companies Act.

The current President of NCLT is Chief Justice (Retd.) Ramalingam Sudhakar[5].

Functions-

• The Tribunal will handle all Companies Act actions, including arbitration, agreements, compromises, reconstruction, and corporate wound-up.

• Not a single civil court will have jurisdiction over the before-mentioned matters.

• The cases which are pending before the (BIFR) Board for Industrial and Financial Reconstruction[6],, as well as those pending under the Sick Industrial Companies (Special Provisions) Act, 1985, might be heard by the NCLT.

• Also, matters pending before the Appellate Authority for Industrial and Financial Reconstruction will be taken up.

• It can also take on matters involving corporate oppression and mismanagement.

Benches of National Law Tribunal[7]-

Locations	Jurisdiction
Principle Bench i.e., New Delhi	New Delhi
Ahmedabad Bench	Gujarat Dadra and Nagar Haveli Daman and Diu
Allahabad Bench	Uttar Pradesh Uttarakhand
Amaravati Bench	Andhra Pradesh
Bengaluru Bench.	Karnataka
Chandigarh Bench	Himachal Pradesh Jammu and Kashmir Punjab Chandigarh Haryana
Chennai Bench	Tamil Nadu Puducherry
Cuttack Bench	Chhattisgarh Odisha
Guwahati Bench	Arunachal Pradesh Assam Manipur Mizoram Meghalaya Nagaland Sikkim Tripura
Telangana Bench	Telangana
Indore Bench	Madhya Pradesh
Jaipur Bench	Rajasthan
Kochi Bench	Kerala Lakshadweep
Kolkata Bench	Bihar Jharkhand West Bengal Andaman and Nicobar Islands
Mumbai Bench	Goa Maharashtra

What is National Company Law Appellate Tribunal?

It was constituted under Section 410 of the Companies Act thereafter, it came into effect on the 01st of July 2016. The Appellate Tribunal also hears the appeals against the orders passed by NCLT under Insolvency and Bankruptcy Code 2016, Section 61[8].

[1] Indian Kanoon (Section 408) -https://indiankanoon.org/doc/691232/ [2] A quasi-judicial body is “an organ of Government other than a Court or Legislature, which affects the rights of private parties either through adjudication or rulemaking.” [3] Indian Kanoon (Section 410)- https://indiankanoon.org/doc/1699332/ [4] Companies Act 2013 (Section 2(59))-

https://www.mca.gov.in/content/dam/mca/pdf/CompaniesAct2013.pdf [5] About Honorable President- https://nclt.gov.in/sites/default/files/ncltmember/Profile.pdf [6] Its purpose was to Shut Down, Recover, Reshape, or liquidate the sick companies, the companies which are not performing well. [7] National Company Law Tribunal- https://nclt.gov.in/national-company-law-tribunal-benches [8] SSC Online (Section 61)-

https://www.scconline.com/blog/post/tag/section-61-of-insolvency-and-bankruptcy-code/#:~:text=Section%2061%20of%20the%20IBC,date%20of%20the%20impugned%20order