What is Removal of Members? What is Staff of Tribunal and Appellate Tribunal? Section 417 and 418 of Indian Companies Act 2013

Removal of Members, Staff of Tribunal and Appellate Tribunal are defined under Section 417  and 418 of Indian Companies Act 2013. Provisions under these Sections are:

Section 417 of Indian Companies Act 2013 "Removal of Members"

(1) The Central Government may, after consultation with the Chief Justice of India, remove from office the President, Chairperson or any Member, who -
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as such President, the Chairperson, or Member; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as such President, the Chairperson or Member; or
(e) has so abused his position as to render his continuance in office prejudicial to the public interest:

 

Provided that the President, the Chairperson or the Member shall not be removed on any of the grounds specified in clauses (b) to (e) without giving him a reasonable opportunity of being heard.

(2) Without prejudice to the provisions of sub-section (1), the President, the Chairperson or the Member shall not be removed from his office except by an order made by the Central Government on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court nominated by the Chief Justice of India on a reference made to him by the Central Government in which such President, the Chairperson or Member had
been informed of the charges against him and given a reasonable opportunity of being heard.

(3) The Central Government may, with the concurrence of the Chief Justice of India, suspend from office, the President, the Chairperson or Member in respect of whom reference has been made to the Judge of the Supreme Court under sub-section (2) until the Central Government has passed orders on receipt of the report of the Judge of the Supreme Court on such reference.

(4) The Central Government shall, after consultation with the Supreme Court, make rules to regulate the procedure for the inquiry on the ground of proved misbehaviour or incapacity referred to in sub-section (2).

Section 418 of Indian Companies Act 2013 "Staff of Tribunal and Appellate Tribunal"

(1) The Central Government shall, in consultation with the Tribunal and the Appellate Tribunal, provide the Tribunal and the Appellate Tribunal, as the case may be, with such officers and other employees as may be necessary for the exercise of the powers and discharge of the functions of the Tribunal and the Appellate Tribunal.

(2) The officers and other employees of the Tribunal and the Appellate Tribunal shall discharge their functions under the general superintendence and control of the President, or as the case may be, the Chairperson, or any other Member to whom powers for exercising such superintendence and control are delegated by him.

(3) The salaries and allowances and other conditions of service of the officers and other employees of the Tribunal and the Appellate Tribunal shall be such as may be prescribed.

What is Provision of value added services through electronic form? What is Application of provisions of Information Technology Act, 2000? Section 401 and 402 of Indian Companies Act 2013

What is Fee for filing, etc? Fees, etc., to be credited into public account. Section 403 and 404 of Indian Companies Act 2013

What is Power of Central Government to direct companies to furnish information or statistics? What is Power to modify Act in its application to Nidhis? Section 405 and 406 of Indian Companies Act 2013

Definitions, What is Constitution of National Company Law Tribunal? Section 407 and 408 of Indian Companies Act 2013

What is Qualification of President and Members of Tribunal? What is Constitution of Appellate Tribunal? Section 409 and 410 of Indian Companies Act 2013

What is Qualifications of chairperson and Members of Appellate Tribunal? How the Selection of Members of Tribunal and Appellate Tribunal is done? Section 411 and 412 of Indian Companies Act 2013

What is Term of office of President, chairperson and other Members? What is Salary, allowances and other terms and conditions of service of Members? Section 413 and 414 of Indian Companies Act 2013

What is Acting President and Chairperson of Tribunal or Appellate Tribunal? What is Resignation of Members? Section 415 and 416 of Indian Companies Act 2013

What is Removal of Members? What is Staff of Tribunal and Appellate Tribunal? Section 417 and 418 of Indian Companies Act 2013

What is Benches of Tribunal? What is Orders of Tribunal? Section 419 and 420 of Indian Companies Act 2013

 

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