Nclt brevet advocates & corporate consultants

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“NCLT – Constitution, Transitional Provisions and Powers of NCLT / NCLAT” (Under Companies Act, 2013) Brevet Advocates & Corporate Consultants Advocate Rashmi Baliyan Brevet Advocates & Corporate Consultants Office No. 5, IIIrd Floor, Ch.Sher Singh Complex, Main Dadri Road, Near Yamaha Vihar, Sec-49, Barola, Noida-201301 Email. [email protected] www.bacclegal.com

Transcript of Nclt brevet advocates & corporate consultants

Page 1: Nclt   brevet advocates & corporate consultants

“NCLT – Constitution, Transitional Provisions

and Powers of NCLT / NCLAT”(Under Companies Act, 2013)

Brevet Advocates & Corporate Consultants

Advocate Rashmi BaliyanBrevet Advocates & Corporate Consultants

Office No. 5, IIIrd Floor,

Ch.Sher Singh Complex, Main Dadri Road,

Near Yamaha Vihar, Sec-49, Barola,

Noida-201301

Email. [email protected]

www.bacclegal.com

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Jurisdiction under the Companies Act, 1956

Brevet Advocates & Corporate Consultants

Agencies Dealing with

Company Law Matters

State High

Court(s)CLB

Winding up

petitions,

Compromise &

Arrangements,

reduction of

capital,

restoration of

name & appeal

from CLB

Rectification of

registers,

transfer/transmis

sion of shares,

oppression

mismanagement,

compounding of

offences etc.

Offences under

the Old Act

Revival and

rehabilitation of

Sick Companies

Presidency

Magistrate or a

Magistrate of the

first class

BIFR/ AAIFR

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SC: Clearing the way for Constitution of NCLT/ NCLAT In a recent landmark judgment by the Hon’ble Supreme Court ('SC') vide its

order dated 14.05.2015 in the matter of Madras Bar Association vs. Union of

India [Writ Petition (C) No. 1072 of 2013], constitutional validity of National

Company Law Tribunal ('NCLT') and National Company Law Appellate

Tribunal ('NCLAT') under Companies Act, 2013 was again upheld.

Background:- Madras Bar Association ('the Association') filed a writ petition

before SC alleging that provisions relating to establishment and constitution of

NCLT/ NCLAT were ultra vires the provisions of Article 14 of the Constitution

of India. Constitution Bench of SC on May 14, 2015 rejected the Association's

allegation, upheld the constitutionality of Tribunals and observed that it is "a

common feature/practice to provide one appellate forum wherever an

enactment is a complete Code for providing judicial remedies". However,

certain defects have been pointed out with regard to the appointment provisions

etc. in the 2013 Act.

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Recent News Article - NCLT

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NCLT – A New Era to Corporate Adjudication

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Upon constitution of NCLT, the powers and jurisdiction of following agencies

in respect of corresponding aspects shall vest with NCLT:

• State High Court(s): Cases relating to arrangement or compromise, winding

up, reduction of capital, restoration of name of the company, appeals from

CLB orders u/s 10F of the Old Act.

• BIFR/ AAIFR: Cases pertaining to revival and rehabilitation of sick

companies.

• CLB: Cases pertaining to rectification of register of members, complaints

relating to refusal to transfer/ of transmission of shares, matters relating to

oppression and mismanagement and other matters relating to investigations

& compounding of offences.

Appeals against the order(s) of NCLT to be heard by NCLAT and appeals

against the order of NCLAT to be heard by the Hon’ble Supreme Court

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Moving from Companies Act, 1956 to Companies Act,

2013 – Transitional Provisions

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Transfer of pending proceedings [from a date to be notified by MCA(“Effective

Date”)]:

• All matters pending before CLB immediately before the Effective Date shall

stand transferred to NCLT. NCLT shall dispose of such matters in

accordance with the provisions of the New Act (Section 434(1) (a)). Appeal

from order of CLB made before the Effective Date may be filed with High

Court within 60 days from date of communication of order on question of

law. Another 60 days with condonation of delay.

• The draft rules related to NCLT, under Rule 102 provides for all cases

reserved for order prior to the Effective Date to be reopened and reheard by

NCLT.

• All proceedings under the Old Act pending before District Court or High

Court shall stand transferred to NCLT and NCLT may proceed to deal with

such proceedings from the stage before their transfer (Section 434(1) (c)).

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Moving from Companies Act, 1956 Act to Companies Act,

2013 – Transitional Provisions

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Abatement of proceedings (from a date to be notified by MCA):

• All inquiry/ appeal pending before BIFR/ AAIFR respectively or any

proceedings pending, under SICA, before commencement of the New Act,

shall stand abated (Section 434(1)(d));

• However, companies in respect of which an appeal or inquiry stands abated

can make reference to NCLT in terms of the New Act, within 180 days from

commencement of the New Act.

Dissolution of CLB: (Section 465 and Section 466)

• Until a date is notified under Section 434 (1) of the New Act, the provisions

of the Old Act, in regard to jurisdiction, powers, authority and functions of

CLB and court, shall continue to apply, as if the Old Act has not been

repealed.

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Moving from Companies Act, 1956 Act to Companies Act,

2013 – Transitional Provisions

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• Section 465 (2), further provides for the following:

Any prosecution instituted under the repealed enactments and pending

immediately prior to commencement of the New Act, before any court (as

defined in the New Act), shall continue to be heard by the said Court and be

subject to provisions of the New Act.

Any inspection, investigation or inquiry ordered or to be done under the Old

Act, shall continue to be proceeded with as if, such inspection, investigation

or inquiry has been ordered under the provisions under the New Act.

Any matter filed with the Registrar, Regional Directors or the Central

Government under the Old Act, before commencement of the New Act and

not fully addressed by the concerned person/ authority shall be concluded in

terms of the New Act.

• On constitution of NCLT and NCLAT in terms of the New Act, CLB shall

stand dissolved.

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Removal of difficulty

The Central Government, vide notification dated 12th September, 2013notified 98 sections of the New Act, amongst which sections 24, 58 and 59 ofthe New Act (pari-materia to sections 55A, 111 & 111A of the Old Act) werealso notified.

Sections 24, 58 and 59 of the New Act prescribed certain powers to beexercised by NCLT, however as not all provisions pertaining to NCLT werenotified, a need arose to clarify which body would exercise the powersconferred upon NCLT for the interim period.

The Central Government by virtue of section 470 of the New Act, released anorder bearing no. S.O. 2821(E) on 20th September, 2013, through the Ministryof Corporate Affairs.

The order has been termed as Companies (Removal of Difficulties) Order,2013.

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Removal of difficulty

In terms of the said order, it has been clarified that until a date is notified in

terms of section 434(1) of the New Act, the Board of Company Law

Administration shall exercise the powers of NCLT under section 24, 58 and 59

of the New Act.

Pursuant to the aforesaid order, CLB has released the following order:

1. Order bearing file no. 10/36/2001-CLB dated 25th September, 2013,

pertaining to amendments in the Company Law Board Regulations, 1991; and

2. Order bearing file no. 10/43/2005-CLB dated 25th September, 2013,

pertaining to discharging of the said powers by certain benches of CLB.

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Sections of the New Act made effective – NCLT & NCLAT

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In relation to NCLT and NCLAT (Section 407 to 414):

• Definitions (Section 407);

• Constitution of NCLT (Section 408);

• Qualification of President and Members of NCLT (Section 409);

• Constitution of NCLAT (Section 410);

• Qualification of Chairperson and Members of NCLAT (Section 411);

• Selection of Members of NCLT and NCLAT (Section 412);

• Terms of office of President, Chairperson and other Members (Section 413)

• Salary, allowances and other terms and conditions of service of Members

(Section 414);

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National Company Law Tribunal – Essential ProvisionsExpeditious disposal by Tribunal and Appellate Tribunal (Section 422):

Every application, petition or appeal, as the case may be, presented before NCLT& NCLAT shall be dealt with and disposed off in a speedy manner & efforts shallbe made to dispose the matter within 3 months from the date of its presentation.Otherwise NCLT or NCLAT shall record the reasons for not disposing off theapplication/petition/appeal with the said period of 3 months. The said period maybe extended by the President of NCLT or the Chairperson of NCLAT by suchperiod not exceeding 90 days.

Procedure before Tribunal and Appellate Tribunal (Section 424):

NCLT and NCLAT while dealing with any matter before it are not bound by theprocedure laid down by the Code of Civil Procedure, 1908 (“CPC”). However,subject to the provisions of the New Act and rules made there under, they shall beguided by the principles of natural justice and shall have the power to regulatetheir own procedure. NCLT and NCLAT shall have the same powers vested in acivil court under CPC, for discharging its functions for specified matters.

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National Company Law Tribunal – Essential Provisions

All proceedings before NCLT or the NCLAT shall be deemed to be judicial

proceedings within the meaning of Sections 193 and 228, and for the purposes

of Section 196 of the Indian Penal Code, and NCLT and NCLAT shall be

deemed to be civil court for the purposes of Section 195 and Chapter XXVI of

the Code of Criminal Procedure, 1973.

Power to punish for contempt (Section 425):

NCLT and NCLAT shall have the same jurisdiction, powers and authority in

respect of contempt of themselves as the High Court has under the provisions

of the Contempt of Courts Act, 1971, but subject to certain modifications as

provided in this Section.

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National Company Law Tribunal – Essential Provisions

Civil court not to have jurisdiction (Section 430):

No Civil court shall have jurisdiction to entertain any suit or proceeding in respect

of any matter which NCLT or NCLAT is empowered to determine either in terms

of the New Act or by any other law in force.

No court or authority shall have the power to grant injunction in respect of any

action taken or to be taken in pursuance of any power conferred by or under the

New Act or any other law for the time being in force, by NCLT or NCLAT.

Right to legal representation (Section 432):

A party to any proceeding or appeal before NCLT or NCLAT may either appear in

person or authorise 1 or more CAs/ CSs/ CWA s/ Advocates or any other person to

present the case.

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National Company Law Tribunal – Essential ProvisionsRule 25(3) of Draft Rules for NCLT (Chapter XVII):

In case, CS/CA/CWA (in practice) are authorized to appear, they should havepost qualification experience of minimum 5 years

Appeal to NCLAT (Section 421):

No Appeal shall lie from an order of NCLT passed by consent of parties.

Appeal shall be filed within 45 days from the date on which copy of order ofNCLT is made available. Another maximum 45 days for condonation of delay(earlier within 60 days; with another 60 days with condonation of delay. u/s 10Fagainst order of CLB but only on question of law)

Appeal to Supreme Court (Section 423):

Appeal from order of NCLAT to the Supreme Court within 60 days from the dateof communication of the order of NCLAT on any question of law arising out ofsuch order. Another 60 days with condonation of delay.

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National Company Law Tribunal – Essential Provisions

Reference to Draft Rules released by MCA on 5th September, 2013 for public comments

(“Draft Rules”):

Rule 1(5): The rules shall be applicable in proceedings before NCLT in cases of a

Limited Liability Partnership under the Limited Liability Partnership Act, 2008.

Rule 14: Any notice or process to be issued by NCLT may be served in an electronic

form at the valid e-mail address as provided in a petition/ application/ reply.

Rule 22: Applicant documents to be marked as “A” series, Respondent documents to

be marked as “R” series and NCLT exhibits to be marked as “T” series.

Rule 23: If not sufficient grounds are met for proceedings, NCLT to summarily

dispose the petition/ application for reasons to be recorded.

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National Company Law Tribunal – Essential Provisions

Rule 60: NCLT headquarters to be at New Delhi.

Part III (Rules 73 - 92): Pertaining to e-filing of applications/ petitions etc.

Rule 102: All original civil actions or cases arising out of the New Act,

corresponding provisions of the Old Act or the Reserve Bank of India Act,

1934, filed or pending before the CLB, on the date the provisions pertaining to

NCLT are given effect, or CLB is abolished in pursuance of the New Act, then

all such cases shall stand transferred to NCLT.

Further, in case, order is reserved by CLB or its Bench, then NCLT shall

reopen the matter and rehear the case as if the hearing had not taken place.

Rule 104: Any appeal before AAIFR, or any reference or inquiry made before

BIFR shall stand abated immediately prior to commencement of the New Act.

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Corporate Jurisdiction Hierarchy under

the Companies Act, 2013

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Company Law

Jurisdiction

Supreme Court

High CourtsNCLAT

Special CourtsNCLT

Offences to be triedSpecified proceedings

under the New Act

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Special Courts – Essential Provisions

Establishment of Special Courts (Section 435):

• The Central Government may, for the purpose of providing speedy trial ofoffences under this Act, by notification, establish or designate as manySpecial Courts as may be necessary.

• A Special Court shall consist of a single judge who shall be appointed by theCentral Government with the concurrence of the Chief Justice of the HighCourt within whose jurisdiction the judge to be appointed is working.

• A person shall not be qualified for appointment as a judge of a Special Courtunless he is, immediately before such appointment, holding office of aSessions Judge or an Additional Sessions Judge.

Offences triable by Special Courts (Section 436):

• All offences under the New Act shall be tried by Special Court

• Special Court may try an offence under CrPC at the same trial

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Special Courts – Essential Provisions Application of Code to proceedings before a Special Court (Section 438):

• In terms of this section, Special Courts shall follow the provisions of theCode of Criminal Procedure, 1973.

• A person conducting the prosecution before Special Courts shall be deemedto be a Public Prosecutor; however, the legislature has further provided theconcept of company prosecutors in Section 443 of the New Act.

Offences to ne non-cognizable (Section 439):

The New Act provides that offences referred to in Section 212 (6) of the New Act(i.e. “Investigation into affairs of company by Serious Fraud Investigation Office”)shall be cognizable and all other offences under the New Act, shall be non-cognizable within the meaning of the Code of Criminal Procedure, 1973.

Transitional Provisions (Section 440):

The said Section provides that until such time the Special Courts are established, theoffences under the New Act, shall be tried by the Court of Sessions havingjurisdiction over the specific area.

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Sections of the New Act made effective – Special Courts

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In relation to Special Courts (Section 439 & 443 to 446):

• Offences to be non-cognizable (Section 439);

• Power of Central Government to appoint company prosecutors (Section

443);

• Appeal against acquittal (Section 444);

• Compensation for accusation without reasonable cause (Section 445);

• Application of fines (Section 446).

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Mediation & Conciliation

Mediation and Conciliation Panel (Section 442):

• This provision of the New Act provides for constitution of a panel of experts

to be called the “Mediation and Conciliation Panel” for conducting

mediation between parties during the pendency of any proceedings under

the New Act.

• The parties to a proceeding before the Central Government, NCLT, NCLAT,

shall have the right to apply to the Central Government or NCLT or

NCLAT, as the case may be, for referring such proceedings to a Mediation

and Conciliation Panel.

• The parties shall apply in such form along with such fee as may be

prescribed. Pursuant to the filing of the form, the Central Government,

NCLT, NCLAT (as the case may be) shall appoint one or more experts to

constitute the Mediation and Conciliation Panel.

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Mediation & Conciliation

Mediation and Conciliation Panel (Section 442):

• Suo moto powers have also been given to the Central Government, NCLT

and NCLAT, to refer the proceedings pending to the Mediation and

Conciliation Panel at their discretion.

• Recommendations of the Medication and Conciliation Panel shall be

submitted to the body referring the proceedings.

• The recommendations of the Mediation and Conciliation Panel shall be

objected to by either of the parties filing objections in respect of the same

with the Central Government/ NCLT/ NCLAT, as the case may be.

Reference to Draft Rules (Rule 28.15): Mediators/ Conciliators only to aid the

process of arriving at a decision, they cannot impose settlement or any decision

on the Parties.

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National Company Law Tribunal PowersPursuant to the New Act coming into force in entirety, NCLT inter-alia shall have

the following power: (For the complete outlay of NCLT powers, refer to Slide No.

39 – 47)

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NCLT

Investigation and

compounding

Class Action

Suits

Complaints relating

to refusal to transfer/

of transmission of

shares

Rectification of

Register(s)

Oppression and

Mismanagement

Compromise and

Arrangements

Revival and

Rehabilitation of

Sick Companies

Winding Up

Powers in terms

of the LLP Act,

2008

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Class Action Suit:Chapter XVI (Sections 245)

Though order I rule 8 of CPC, 1908 provides for representative action in alimited manner, insertion of concept of “class action suits” in the New Act is awelcome change.

The provision can be invoked if the management or conduct of the affairs of thecompany are being conducted in a manner prejudicial to the interests of thecompany or its members or depositors or any class of them by filing anapplication before NCLT on behalf of the members or depositors.

Eligibility to file:

Members:

(a) In case of company having share capital,

(i) not less than 100 members; or not less than such percentage of the totalnumber of members, as may be prescribed, whichever is less; or

(ii) any member or members holding atleast such percentage of the issued sharecapital of the company, as may be prescribed;

(b) In case of company not having share capital, atleast 1/5th of total number ofmembers.

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Class Action Suit:Chapter XVI (Sections 245)

Depositors:

(a) not less than 100 depositors or not less than such percentage of the total

number of depositors as may be prescribed, whichever is less, or

(b) any depositor(s) to whom the company owes such percentage of total

deposits of the company as may be prescribed.

The order of NCLT shall be binding on all persons associated with the

company.

NCLT has been conferred with wide powers vide this section.

Complainant can claim damages or compensation or suitable action under the

section. In the event the members or depositors claims such damages or

compensation or demand against an audit firm, the liability shall be of the firm

as well as of each partner who was involved.

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Class Action Suit:Chapter XVI (Sections 245)

Safeguards have been provided under section 245(4) of the New Act to

prevent frivolous or vexatious class action suits.

Two class action applications for the same cause of action shall not be allowed

and the cost or expenses connected with the application for class action shall

be defrayed by the company or any other person responsible for any

oppressive act.

In the event NCLT finds an application to be frivolous or vexatious, the

applicant could be made to pay to the opposite party such costs, not exceeding

INR 1,00,000, as may be specified by NCLT.

This section is not applicable to a banking company.

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Revival and Rehabilitation of Sick Companies:Chapter XIX (Sections 253 - 269)

Sickness has been defined in the New Act, as the inability of the company to pay or

secure or compound the payment on demand by its secured creditors representing

50% of the outstanding debts within 30 days of notice of demand. (section 253(1)).

No obligation to file reference as under SICA.

No accumulated loss criterion, hence no determination of Net Worth as under SICA.

The term “Sick Company” has not been defined in the New Act, the ambit of these

provisions now include every company (and not only Industrial companies).

No concept of Potentially Sick Industrial Company in the New Act.

Only on application under section 253(2), NCLT may order to stay any proceedings

as specified under section 253(2) in respect of the company. The stay would be

operative for a period of 120 days.

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Revival and Rehabilitation of Sick Companies:Chapter XIX (Sections 253 - 269)

Company may also file an application to NCLT on the grounds mentioned

herein before.

CG/RBI/SG/PFI/SLI/SB may, if it has sufficient reasons to believe that any

company has become, for the purposes of this Act, a sick company, make a

reference for measures.

60 days period from receipt of application with NCLT to determine whether

the company is a sick company or not.

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Revival and Rehabilitation of Sick Companies:Chapter XIX (Sections 253 - 269)

Pursuant to filing of an application, in terms of section 253 of the New Act, the

company shall not:

• dispose of any assets; or

• otherwise enter into any obligation;

with regard to its properties or assets, except, if done in the normal course of

business. (section253(6))

Once the company has been determined as a sick company in terms of these

provisions, then the secured creditors may make an application within a period

of 60 days to NCLT for the determination of the measures that may be adopted

with respect to revival and rehabilitation of such company. (section254(3))

SARFAESI Act shall have an overriding effect on the provisions of Chapter XIX

for abatement of any reference made or to be made under section 253 , if;

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Revival and Rehabilitation of Sick Companies:Chapter XIX (Sections 253 - 269)

• The secured creditors representing 75% of outstanding debt have takenmeasures to recover their debts under the SARFAESI Act, or;

• No permission has been procured by the securitisation or reconstructioncompany which has taken over the assets of the company in terms of section5 (1) of the SARFAESI Act. (section254)

The revival and rehabilitation through a scheme shall now require the approvalof the secured creditors representing three-fourth in value of the amountoutstanding against financial assistance disbursement and unsecured creditorsrepresenting one-fourth in value of the amount owed by company to suchcreditors, in a meeting convened by the company administrator. (section262(2))

Once approved, the Scheme or any provision thereof, shall have a binding effectfrom the date it becomes operative on the sick company, the transferee companyor as the case may be, the other company, the employees, shareholders, creditorsand guarantors of the said companies.

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Section wise powers of NCLT referenced under the New ActS.No Section No. Head Note

1. 2(23) Definition of Company liquidator.

2. 2(41) Application for different Financial Year

3. 7(7) Incorporation of Company with false or incorrect etc information.

4. 8(9) Transfer of funds after winding up of company formed with charitable

objects, etc.

5. 14(1) Alteration of articles for conversion of public into private company.

6. 24(1) Regulate powers other than provided under section 24(1)

7. 48 (2) Application by dissenting shareholders against variation of

shareholders’ rights.

8. 55(3) Non redemption or Non paymen t of dividend on preference shares.

9. 59(1) & (3) Rectification of register of members.

10. 61(1) Power of limited company to alter its share capital (in voting %) .

11. 66(1), (3) & (4) Reduction of share capital.

12. 71(9) & (10) Non repayment of principal amount of Debentures.Brevet Advocates & Corporate Consultants

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Section wise powers of NCLT referenced under the New ActS.No Section No. Head Note

13. 73(4) Non repayment of Deposits.

14. 74(2) Repayment of deposits, etc., accepted before commencement of this

Act.

15. 97 Power of Tribunal to call annual general meeting.

16. 98 Power of Tribunal to call meetings of members, etc.

17. 119 Inspection of minute-book of general meeting.

18. 130 Re-opening of accounts on Court’s or Tribunal’s orders.

19. 131 Voluntary revision of financial statements or Board’s report.

20. 140 Removal, resignation of auditor and giving of special notice.

21. 169 Removal of directors.

22. 210(2) Investigation into affairs of company.

23. 213 Investigation into company’s affairs in other cases.

24. 216 Investigation of ownership of company.Brevet Advocates & Corporate Consultants

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Section wise powers of NCLT referenced under the New ActS.No Section No. Head Note

25. 218 Protection of employees during investigation.

26. 221(1) Freezing of assets of a company on an inquiry and investigation.

27. 222(1) Imposition of restrictions upon securities.

28. 226 Voluntary winding up of company, etc., not to stop investigation

proceedings.

29. 230(1), (9) & (12) Power to compromise or make arrangements with creditors and

members.

30. 231(1) & (2) Power of Tribunal to enforce compromise or arrangement.

31. 232(1) Merger and amalgamation of companies.

32. 233(6) Merger or amalgamation of certain companies.

33. 235(2) Power to acquire shares of shareholders dissenting from scheme or

contract approved by majority.

34. 237(4) Power of Central Government to provide for amalgamation of

companies in public interest.

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Section wise powers of NCLT referenced under the New ActS.No Section No. Head Note

35. 241(1) Application to Tribunal for relief in cases of oppression, etc.

36. 242(1) & (4) Powers of Tribunal for orders under oppression/mismanagement.

37. 243(1) Consequence of termination or modifications of certain agreements.

38. 244(1) Right to apply under section 241.

39. 252(1) & (3) Appeal to Tribunal.

40. 253(1), (3), (8) &

(9)

Determination of sickness.

41. 254 Application for revival and rehabilitation.

42. 256 Appointment of interim administrator.

43. 259(1) & (3) Appointment of administrator.

44. 260 Powers and duties of company administrator.

45. 262 Sanction of scheme.

46. 264 Implementation of scheme.

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Section wise powers of NCLT referenced under the New ActS.No Section No. Head Note

47. 265 (2) Winding up of company on report of company administrator.

48. 266 Power of Tribunal to assess damages against delinquent directors, etc.

49. 270 Modes of winding up.

50. 274 Directions for filing statement of affairs.

51. 275 Company liquidators and their appointments.

52. 276 Removal and replacement of liquidator.

53. 277 Intimation to company liquidator, provisional liquidator and Registrar.

54. 279(1) Stay of suits, etc., on winding up order.

55. 281(1) Submission of report by company liquidator.

56. 282 Directions of Tribunal on report of company liquidator.

57. 283 Custody of company’s properties.

58. 285 Settlement of list of contributories and application of assets.

59. 287(1) Advisory committee in Winding up matters

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Section wise powers of NCLT referenced under the New ActS.No Section No. Head Note

60. 288 (1) Submission of periodical reports to Tribunal in winding up matters.

61. 289 Power of Tribunal on application for stay of winding up.

62. 291 (1) Provision for professional assistance to company liquidator.

63. 292 (4) Exercise and control of company liquidator’s powers.

64. 294 Audit of company liquidator’s accounts.

65. 295 Payment of debts by contributory and extent of set-off.

66. 296 Power of Tribunal to make calls.

67. 297 Adjustment of rights of contributories.

68. 298 Power to order costs.

69. 299 Power to summon persons suspected of having property of company,

etc.

70. 300 Power to order examination of promoters, directors, etc.

71. 301 Arrest of person trying to quit India or abscond.

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Section wise powers of NCLT referenced under the New ActS.No Section No. Head Note

72. 302 Dissolution of company by Tribunal.

73. 317 (1) Report of company liquidator to Tribunal for examination of persons.

74. 318 (5) Final meeting and dissolution of company

75. 321 (2) Arrangement when binding on company and creditors.

76. 322 Power to apply to Tribunal to have questions determined, etc.

77. 328 Fraudulent preference.

78. 331 (3) Liabilities and rights of certain persons fraudulently preferred.

79. 333 Disclaimer of onerous property.

80. 334 Transfers, etc., after commencement of winding up to be void.

81. 335 Certain attachments, executions, etc., in winding up by Tribunal to be

void.

82. 339 Liability for fraudulent conduct of business.

83. 340 Power of Tribunal to assess damages against delinquent directors, etc.

Brevet Advocates & Corporate Consultants

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Section wise powers of NCLT referenced under the New ActS.No Section No. Head Note

84. 341 Liability under sections 339 and 340 to extend to partners or directors in

firms or companies.

85. 342 Prosecution of delinquent officers and members of company.

86. 353 Liquidator to make returns, etc.

87. 354 Meetings to ascertain wishes of creditors or contributories.

88. 356 Powers of Tribunal to declare dissolution of company void.

89. 373 Suits stayed on winding up order.

90. 375 (4) Winding up of unregistered companies.

91. 394 (2) Annual reports on Government companies.

92. 420 Orders of Tribunal.

93. 425 Power to punish for contempt.

94. 426 Delegation of powers.

Brevet Advocates & Corporate Consultants

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Section wise powers of NCLT referenced under the New ActS.No Section No. Head Note

95. 441 Compounding of certain offences.

96. 459 Powers of Central Government or Tribunal to accord approval, etc.,

subject to conditions and to prescribe fees on applications.

Brevet Advocates & Corporate Consultants

Page 41: Nclt   brevet advocates & corporate consultants

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Brevet Advocates & Corporate Consultants

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