In this post we will discuss power and functions of President, Registrar and Secretary of National Company Law Tribunal and power of Registrar of National Company Law Appellate Tribunal.
Power of President – NCLT
President of National Company Law Tribunal has several powers in different sections of the Companies Act, 2013 and National Company Law Tribunal Rules, 2016. In addition of these powers, rule 16 specifically provides certain powers to President of the Tribunal.
According to Rule 16 of National Company Law Tribunal Rules, 2016, President shall have following powers –
- preside over the consideration of cases by the Tribunal;
- direct the Registry in the performance of its functions;
- prepare an annual report on the activities of the Tribunal;
- transfer any case from one Bench to other Bench when the circumstances so warrant;
- to withdraw the work or case from the court of a member.
- perform the functions entrusted to the President under these rules and such other powers as my be relevant to carry out his duties as head of the Tribunal while exercising the general superintendence and control over the administrative functions of the Members, Registrar, Secretary and other staff of the Tribunal.
Functions of Registrar – NCLT /NCLAT
According to sub – rule (1) of rule 17 of National Company Law Tribunal Rules 2016, Registrar of National Company Law Tribunal and according to rule 16 of National Company Law Appellate Tribunal Rules 2016 shall have following functions –
- registration of appeals, petitions and applications;
- receive applications for amendment of appeal or the petition or application or subsequent proceedings.
- receive applications for fresh summons or notices and regarding services thereof;
- receive applications for fresh summons or notices and for short date summons and notices;
- receive applications for substituted service of summons or notices;
- receive applications for seeking orders concerning the admission and inspection of documents;
- transmission of a direction or order to the civil court as directed by Tribunal with the prescribed certificates for execution etc., and
- such other incidental or matters as the President/Chairperson may direct from time to time.
Power of Adjournment
According to sub – rule (2) of rule 17 of the National Company Law Tribunal Rules 2016 and according to rule 17 of the National Company Law Appellate Tribunal Rules 2016, all adjournments shall normally be sought before the concerned Bench in court and in extraordinary circumstances, the Registrar may, if so directed by the Tribunal in chambers, at any time adjourn any matter and lay the same before the Tribunal in chambers.
This is an extra – ordinary function of Registrar. The Registrar shall exercise it only if so directed by the Tribunal in chambers.
Function of Secretary
According to sub – rule (1) of rule 18 of National Company Law Tribunal Rule 2016, there shall be a secretary at Principal Bench, New Delhi.
According to sub – rule (2) of rule 18 of National Company Law Tribunal Rules 2016, the Secretary shall, under the general superintendence and control of the President, discharge such duties, functions and exercise such powers as are prescribed under these rules and as assigned by the President from time to time.
According to sub – rule (3) of rule 18 of National Company Law Tribunal Rules 2016, the Secretary shall –
- be in charge of the long term projects and initiatives of the Tribunal;
- supervise the divisions and sections of the Human Resources;
- prepare, monitor and manage budgetary allocations and financial managements of the Tribunal and the Benches;
- provide all necessary support in the day to day operations of the Tribunal;
- manage and supervise the facilities and administrative services of the Tribunal;
- manage and administer the public grievances mechanism of the Tribunal;
- coordinate with authorised representatives and other professionals in the smooth functioning of the Tribunal;
- oversee information and communication technology and other technological facilities in the Tribunal;
- manage and facilitate communication and services of the Tribunal;
- manage, monitor and administer the public affairs and public safety provisions within the premises of the Tribunal; and
- supervise library and research wings of the Tribunal.
Delegation of powers by the President/Chairperson
According to rule 19 of National Company Law Tribunal Rules 2016 and according to rule 18 of National Company Law Appellate Tribunal, the President/chairperson may assign or delegate to any suitable officer all or some of the functions required by these rules to be exercised by the Registrar.
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