Section 412 — Selection of Members of Tribunal and Appellate Tribunal
(1) The President of the Tribunal
and the chairperson and Judicial Members of the Appellate Tribunal, shall be appointed after consultation
with the Chief Justice of India.
6[(2) The Members of the Tribunal and the Technical Members of the Appellate Tribunal shall be
appointed on the recommendation of a Selection Committee consisting of—
(a) Chief Justice of India or his nominee—Chairperson;
(b) a senior Judge of the Supreme Court or Chief Justice of High Court— Member;
(c) Secretary in the Ministry of Corporate Affairs—Member; and
(d) Secretary in the Ministry of Law and Justice—Member.
(2A) Where in a meeting of the Selection Commi ttee, there is equality of votes on any matter, the
Chairperson shall have a casting vote.]
(3) The Secretary, Ministry of Corporate Affairs shall be the Convener of the Selection Committee.
(4) The Selection Committee shall determine its procedure for recommending persons under sub-
section (2).
(5) No appointment of the Members of the Tribunal or the Appellate Tribunal shall be invalid merely
Related sections
- Section 407 — Definitions
- Section 408 — Constitution of National Company Law Tribunal
- Section 409 — Qualification of President and Members of Tribunal
- Section 410 — Constitution of Appellate Tribunal
- Section 411 — Qualifications of chairperson and Members of Appellate Tribunal
- Section 413 — Term of office of President, chairperson and other Members
- Section 414 — Sal ary, allowances and other terms and conditions of service of Members
- Section 415 — Acting President and Chairperson of Tribunal or Appellate Tribunal
- Section 416 — Resignation of Members
- Section 417 — Removal of Members
- Section 418 — Staff of Tribunal and Appellate Tribunal
- Section 419 — Benches of Tribunal
- Section 420 — Orders of Tribunal
- Section 421 — Appeal from orders of Tribunal
- Section 422 — Expeditious disposal by Tribunal and Appellate Tribunal
- Section 423 — Appeal to Supreme Court
- Section 424 — Procedure before Tribunal and Appellate Tribunal
- Section 425 — Power to punish for contempt
- Section 426 — Delegation of powers
- Section 427 — President, Members, officers, etc., to be public servants
- Section 428 — Protection of action taken in good faith
- Section 429 — Power to seek assistance of Chief Metropolitan Magistrate, etc
- Section 430 — Civil court not to have jurisdiction
- Section 431 — Vacancy in Tribunal or Appellate Tribunal not to invalidate acts or proceedings
- Section 432 — Right to legal rep resentation
- Section 433 — Limitation