Vacancy Circular

Sub: Selection for the posts of Judicial and Technical Members in the National Company Law Appellate Tribunal (NCLAT) - Inviting applications therefor: -

Tribunal: The National Company Law Appellate Tribunal (NCLAT) is an - Appellate authority established under Section 410 of the Companies Act, 2013. to hear various appeals against the orders/decisions of National Company Law Tribunal (NCLT), under the Companies Act, 2013 and Section 61 of the Insolvency and Bankruptcy Code (IBC), 2016, the Insolvency and Bankruptcy Board of India (IBBI) under Section 202 and 211 of IBC, 2016, the Competition Commission of India (CCI) under the Competition Act, 2002 and the National Financial Reporting Authority (NFRA) ⚫ under the Companies Act, 2013. Principal Bench of NCLAT is situated at New Delhi and another Bench is situated at Chennai. Other bench, if any, will be established in future at other places in the country, as decided. A Member, upon selection, may be posted at any of these places.

2. Vacancy: - Applications are being invited for the following vacancies (the number of vacancies is subject to change without prior notice): -

Judicial member

Technical member

3. Qualification and other terms and conditions: The qualifications, eligibility, salary and other terms and conditions of the appointment of a candidate will be governed by the provisions of the Tribunals Reforms Act, 2021 and the Tribunal (Conditions of Service) Rules, 2021 Main terms and conditions are following: -

Qualifications (Sub-rules 11 of Rules 3 of the Tribunal (Conditions of Service) Rules, 2021}: -

Judicial Member: .

(i) is, or has been, a Judge of a High Court; or

(i) is a Judicial Member of the National Company Law Tribunal for five years; or (i) has been an advocate for ten years with substantial experience in litigation in matters relating to company affairs before National Company Law Tribunal, National Company Law Appellate Tribunal, High Court or Supreme Court.

(b) Technical Member: - A person of proven ability, integrity and standing having special knowledge and professional experience, of not less than twenty-five years, in law, industrial finance, industrial management or administration, industrial reconstruction, investment, accountancy or any other matter which is useful to the National Company Law Appellate Tribunal.

(i) Salary and allowances (Rules 10 and 11 of the Tribunal (Conditions of Service) Rules, 2021): The Member shall be paid a salary of Rs. two lakh twenty-five thousand per month plus other allowances as admissible.

Term of office (Section 5 of the Tribunals Reforms Act, 2021): Every Member of a Tribunal shall hold office for a term of four years or till he/she attains the age of sixty-seven years, whichever is earlier.

(iv) Minimum age (Section 3 (1) of the Tribunals Reforms Act, 2021): - A person shall not be eligible for appointment as Member in, NCLAT unless he/she has completed the age of 50 (fifty years) as on the last date for submission of applications.

[Note: Candidates may refer the Tribunals Reforms Act, 2021 and the Tribunal (Conditions of Service) Rules, 2021 for other terms and conditions]

4 Procedure for selection: The Search-Cum-Section Committee constituted under the Tribunal Reforms Act 2021 for recommending names for appointment to the said post shall scrutinise the applications with respect to suitability of application for the posts by giving due weightage to qualification and experience of candidates and shortlist candidates for conducting personal interaction. The final selection will be done on the basis of overall evaluation of candidates done by the Committee based on the qualification, experience and personal interaction.

5. Application Procedure: - Eligible and willing persons persons are advised to visit the portal https://apptrbmembermca.gov.in in order to submit online application from 10.00 AM of 27.12.2022. The detailed instruction for filling up the application form online are available on the portal (under "Instruction for applying online" heading). All requisite and relevant documents need to be uploaded online while filling up of application. Last date for submitting online application is 23.01.2023 at 05:30 PM. Print out of the applications after final submission on online portal duly completed, and signed alongwith copies of uploaded documents, is required to be sent to the following address latest by 05:30 PM of 02.02.2023: