NCLT Rules 2016 notified by MCA + Amendment Rules

MCA Notifications on National Company Law Tribunal  (NCLT) Rules, 2016 + Amendment Rules

MCA has notified the National Company Law Tribunal Rules, 2016 (NCLT) Rules, 2016, vide Notification dt. 21 July, 2016 and has subsequently amended the NCLT Rules through various Notifications, as detailed here-under:

MCA Notifies NCLT (Amendment) Rules, 2017; New Rule 87A inserted for Appeal/ Application in Form NCLT 9 u/s 252(1) and 252(3)

MCA has notified the National Company Law Tribunal (NCLT) (Amendment) Rules, 2017 and a new NCLT Rule 87A has been inserted for procedure relating to appeal/ application (in Form NCLT 9) u/s 252(1) and 252(3) of the Companies Act, 2017, as under:

NCLT Amendment Rules 2017: MCA Notification dt. 5 July 2017

G.S.R.(E).- In exercise of the powers conferred by sub-section (1) and sub-section (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the National Company Law Tribunal Rules, 2016, namely:-

1. (1) These rules may be called the National Company Law Tribunal (Amendment) Rules, 2017. (2) They shall come into force on the date of their publication in the Official Gazette.

2. In the National Company Law Tribunal Rules, 2016, after rule 87, the following rule shall be inserted, namely:-

87A. Appeal or application under sub-section (1) and sub-section (3) of section 252.-

(1) An appeal under sub-section (1) or an application under sub-section (3) of section 252, may be filed before the Tribunal in Form No. NCLT  9, with such modifications as may be necessary.

(2) A copy of the appeal or application, shall be served on the Registrar and on such other persons as the Tribunal may direct, not less than fourteen days before the date fixed for hearing of the appeal or application, as the case may be.

(3) Upon hearing the appeal or the application or any adjourned hearing thereof, the Tribunal may pass appropriate order, as it deems fit.

(4) Where the Tribunal makes an order restoring the name of a company in the register of companies, the order shall direct that-

(a) the appellant or applicant shall deliver a certified copy to the Registrar of Companies within thirty days from the date of the order;

(b) on such delivery, the Registrar of Companies do, in his official name and seal, publish the order in the Official Gazette;

(c) the appellant or applicant do pay to the Registrar of Companies his costs of, and occasioned by, the appeal or application, unless the Tribunal directs otherwise; and

(d) the company shall file pending financial statements and annual returns with the Registrar and comply with the requirements of the Companies Act, 2013 and rules made thereunder within such time as may be directed by the Tribunal.

(5) An application filed by the Registrar of Companies for restoration of name of a company in the register of companies under second proviso to sub-section (1) of section 252 shall be in Form No. NCLT 9 and upon hearing the application or any adjourned hearing thereof, the Tribunal may pass an appropriate order, as it deems fit.”.

Note:- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide number G.S.R. 716(E), dated 21st July, 2016 and amended vide notification number G.S.R. 1159(E) dated the 20th December, 2016.

MCA Notifies NCLT (Amendment) Rules 2016

The Ministry of Corporate Affairs has amended the ‘National Company Law Tribunal Rules, 2016’ and has notified the NCLT Amendment Rules, 2016, applicable from the date of publication in the Official Gazzette, as under:

MCA Notification dt. 20 Dec. 2016

G.S.R……. (E). – In exercise of the powers conferred by sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the National Company Law Tribunal Rules, 2016, namely:-

1. (1) These rules may be called the National Company Law Tribunal (Amendment) Rules, 2016. (2) They shall come into force on the date of their publication in the Official Gazette.

2. In the National Company Law Tribunal Rules, 2016, (hereinafter referred to as the principal rules), in “Part-I”, for the heading, “Definitions, forms and etc.”, the heading “Definitions and forms etc.’ shall be substituted;

3. In the principal rules, in rule 2,-

(a) in clause (5), the words “interlocutory application” shall be omitted;

(b) in clause (9), in sub-clause (d), for the words “or a chartered accountant or a cost accountant or a company secretary”, the words “or a chartered accountant in practice or a cost accountant in practice or a company secretary in practice” shall be substituted.

4.  In the principal rules, after rule 23, the following rule shall be inserted, namely: – (….contd….. please refer above attachment).

National Company Law Tribunal  (NCLT) Rules, 2016, notified by MCA

The Ministry of Corporate Affairs (MCA), vide Notification dt. 21 July, 2016, has notified the National Company Law Tribunal Rules, 2016/ NCLT Rules, 2016. It may be noted that NCLT Rules 2016 consists of a set of 165 Rules divided in 20 parts along with applicable forms for applications/ petitions, schedule of fees and list of documents to be attached with various applications/ petitions, etc.

The National Company Law Tribunal (NCLT) is a part of the Companies Act, 2013 which was notified by MCA on 1 June, 2016 to replace the Company Law Board (CLB). NCLT is initially located at ten places across India, equipped with requisite infrastructure and support staff, including Delhi, Mumbai, Kolkata, Hyderabad and Chennai. NCLT will prove out to be effective platform for adjudication of disputes on corporate law matters through disposal of such cases in a time bound and speedy manner.

MCA Notification dt. 21 July, 2016 [F. No. 1/30/2013/CL-V(i)] 

In exercise of the powers conferred by section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules, namely;-

1. Short title and Commencement – (1) These rules may be called the National Company Law Tribunal Rules, 2016. (2) They shall come into force on the date of their publication in the Official Gazette*.  …contd….

* Published in Official Gazette on 22nd July, 2016

Download pdf copy of the MCA Notification on NCLT Rules:

MCA Notification dt. 21 July, 2016 NCLT Rules 2016

NCLT Rules 2016 (Rule 1 to Rule 165/ Part I to Part XX)

NCLT Rules 2016 Schedule of Fees for Applications / Petitions

Annexure A to NCLT Rules 2016 (Form NCLT 1 to Form NCLT 18)

Annexure B NCLT Rules Documents to be attached with a Petition/ Application

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