Section 468 of the Companies Act, 2013

๐Ÿ“˜ Section 468 โ€“ Power of Central Government to Make Rules for Tribunals

Companies Act, 2013

๐Ÿ” Provision Summary:

Section 468 empowers the Central Government to make rules for the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT), especially in relation to their procedure and functioning.

โš–๏ธ Key Provisions:

Rule-making Authority:

The Central Government may make rules consistent with the provisions of the Act.

These rules are specifically to regulate matters before NCLT and NCLAT, such as:

Procedure of filing applications or appeals

Format of orders

Hearings and service of notices

Other procedural and administrative aspects

Consultation Requirement:

The rules can be made after consulting the President of the Tribunal and President of the Appellate Tribunal.

Publication:

Rules made under this section must be notified in the Official Gazette.

๐Ÿงพ Legal Text (Simplified):

The Central Government may, by notification, make rules to regulate the procedure and functioning of the Tribunal (NCLT) and the Appellate Tribunal (NCLAT), in consultation with their respective Presidents.

๐Ÿง  Objective:

To provide flexibility in managing tribunal-related procedures.

To ensure that the tribunals operate smoothly and in accordance with a formal procedural framework.

๐Ÿงพ Example:

Rules such as the National Company Law Tribunal Rules, 2016 and the National Company Law Appellate Tribunal Rules, 2016 were framed under this section.

 

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