TMI BlogNational Company Law Tribunal and National Company Law Appellate Tribunal (Procedure for investigation of misbehavior or incapacity of Chairperson, President and other Members) Rules, 2020.X X X X Extracts X X X X X X X X Extracts X X X X ..... Law Appellate Tribunal (Procedure for investigation of misbehavior or incapacity of Chairperson, President and other Members) Rules, 2020. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Extent of application .- These rules shall be applicable to the President, Judicial Member and Technical Members of the National Company Law Tribunal and Chairperson, Judicial Members and Technical Members [appointed before the commencement of Part XIV of Chapter VI of the Finance Act, (7 of 2017) ] of the National Company Law Appellate Tribunal established under the Act. Provided that these rules shall not apply to sitting judge of the High Court appointed as Chairperson, President or Member of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act. (k) Tribunal means the National Company Law Tribunal established under the Act. (2) Words and expressions used herein and not defined but defined in the Companies Act, 2013 (18 of 2013) shall have the meanings respectively assigned to them in the Act. 4. Committee for investigation of complaints . (1) The Central Government shall, after receipt of written complaint, alleging any definite charges of misbehavior or incapacity to perform the functions of the office in respect of a Member, it shall make a preliminary scrutiny of such complaint. (2) The Central Government after Preliminary scrutiny considers necessary to investigate into the allegation, it shall place the complaint together with supporting ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Member concerned and the statement of imputations; (b) the statement of witnesses, if any; and (c) the material documents relevant to the inquiry. (5) The Judge appointed under sub-rule (2) shall complete the inquiry within such time of further time as may be specified by the President of India. (6) The Member concerned shall be given an opportunity of presenting a written statement of defense within such time as may be specified in this behalf by the Judge. (7) Where it is alleged that the Member concerned is unable to discharge the duties of his office efficiently due to any physical or mental incapacity and the allegation is denied, the Judge may arrange for the medical examination of the Member by such Medical ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oduction of Documents) Act, 1972 to inquiries under these rules.- The provisions of the Departmental Inquiries (Enforcement of witness and Production of Documents), Act, 1972 (18 of 1972), shall apply to the inquires made under these rules as they apply to departmental inquires. 7. Powers of Judge .- The Judge shall not be bound by the procedure to be laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and shall have power to regulate his own procedure including the fixing of places and times of his inquiry. 8. Suspension of Member .- Notwithstanding anything contained in rule 4 and without prejudice to any action being taken in accordance with the said rule, the C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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