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National Company Law Tribunal and National Company Law Appellate Tribunal (Procedure for investigation of misbehavior or incapacity of Chairperson, President and other Members) Rules, 2020. - G.S.R. 470(E) - Companies Law

Extract

..... bers 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 the Tribunal or Appellate Tribunal and such Chairperson, President or Member would continue to be governed by the provision of article 217 of the Constitution till he would have held the office of Judge of the High Court. 3. Definitions. - (1) In these rules, unless the context otherwise requires,- (a) “Act” means the Companies Act, 2013 (18 of .....

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National Company Law Tribunal and National Company Law Appellate Tribunal (Procedure for investigation of misbehavior or incapacity of Chairperson, President and other Members) Rules, 2020. - G.S.R. 470(E) - Companies Law

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..... mplaints. - (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 material as may be available, before a Committee consisting of the following officers, to investigate the charges of allegations made in the complaint; namely:- (i) Cabinet Secretary - Chairman; ex-officio (ii) Secretary, Ministry of Corporate Affairs - Member; ex-officio (iii) Secretary, Department of Legal Affairs, Ministr .....

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National Company Law Tribunal and National Company Law Appellate Tribunal (Procedure for investigation of misbehavior or incapacity of Chairperson, President and other Members) Rules, 2020. - G.S.R. 470(E) - Companies Law

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..... ment 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 Board as may be appointed for the purpose by the President of India and the Member concerned shall present himself to such medical examination within the time specified in this behalf by the Judge. (8) The Medical Board shall undertake such medical examination of the Member as may be considered necessary and submit a report to the Judge stating therein whether the incapacity is such as to render the Memb .....

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National Company Law Tribunal and National Company Law Appellate Tribunal (Procedure for investigation of misbehavior or incapacity of Chairperson, President and other Members) Rules, 2020. - G.S.R. 470(E) - Companies Law

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..... 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 Central Government may, with the concurrence of Chief Justice of India, keeping in view the gravity of charges, suspend the Member of the Tribunal against whom reference has been made to the Judge of the Supreme Court until the Central Government has passed orders on receipt of the report of the Judge of the Supreme Court. 9. Subsistence allowance. - The payment of subsistence allowance to a Member under suspension shall be regulated in accordance wit .....

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National Company Law Tribunal and National Company Law Appellate Tribunal (Procedure for investigation of misbehavior or incapacity of Chairperson, President and other Members) Rules, 2020. - G.S.R. 470(E) - Companies Law

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