No.A-12023/2/2017-Ad.IV(i)
Government of India
Ministry of Corporate Affairs
‘A’ Wing, 5th floor, Shastri Bhawan,
New Delhi-110001
Dated: 8th March, 2017.
To,
1. Registrars General of All High Courts.
2. Secretaries to Government of India, All Ministries/Departments of the Government of India
3. All Chief Secretaries to the State Government/Union Territories.
4. Registrar, National Company Law Appellate Tribunal.
5. Secretary, National Company Law Tribunal.
6. Registrar, Competition Appellate Tribunal.
7. All RDs/ROCs/OLs in the Ministry of Corporate Affairs
8. Secretary, Institute of Chartered Accountants of India (ICAI), I.P. Estate, New Delhi-110002.
9. Secretary, Institute of Cost Accountants of India (ICoAI), Sudder Street, Kolkata.
10. Secretary, Institute of Company Secretaries of India (ICSI), Institutional Area, Lodhi Road, New Delhi-110003.
Sub: Filling up of 12 posts of Technical Member in the National Company Law Tribunal (NCLT) – inviting applications for.
Sir,
I am directed to state that applications are invited in the format given in Annexure-I for the twelve posts of Technical Member, National Company Law Tribunal constituted under Section 408 of the Companies Act, 2013:-
2. The selected candidates will be required to serve at any of the already constituted NCLT benches or benches to be constituted in future in different parts of the country in a phased manner with All India transfer liability as per availability of the vacancies/exigencies of work.
3. Qualifications: The qualifications for the post are as per the provision of Section 409 (3) of the Companies Act, read with judgment dated 14thMay, 2015 of Supreme Court in WP (C) No. 1072/2013. Accordingly, a person shall not be qualified for appointment as a Technical Member unless he/she-
(a) has, for at least fifteen years been a member of the Indian Corporate Law Service or Indian Legal Service and has been holding the rank of Secretary or Additional Secretary to the Government of India; or
(b) is, or has been in practice as a chartered accountant for at least fifteen years; or
(c) is, or has been, in practice as a cost accountant for at least fifteen years; or
(d) is, or has been, in practice as a company secretary for at least fifteen years; or (e) is a person of proven ability, integrity and standing having special knowledge and professional experience, of not less than fifteen years, in industrial finance, industrial management, industrial reconstruction, investment, accountancy; or
(f) is, or has been, for at least five years, a presiding officer of a Labour Court, Tribunal or National Tribunal constituted under the Industrial Disputes Act, 1947 (14 of 1947).
4. A person shall not be eligible for appointment as Technical Member unless he/she has completed the age of 50 (fifty years) [Section 413(2) of Companies Act, 2013] as on the last date of receipt of application.
5. Terms of Appointment: The Member(s) will draw pay in the pay scale of R5.67000- 79000/-(annual increment @ 3%) (Pre-revised) plus allowances as admissible. The pay scale and other service conditions would be governed by National Company Law Tribunal (Salaries and Allowances and other terms and conditions of service of the President and other Members) Rules, 2015. A copy of the rules is also displayed on the website of the Ministry of Corporate Affairs.
6. Every Member shall hold office for a period of five years from the date on which he/she enters upon his/her office, but shall be eligible for re-appointment for another term of 5 The term of appointment is, however, subject to the maximum age limit of sixty-five years.
7. Selected candidates will be required to produce a medical fitness certificate before
8. Applications of persons already in Government Service should be forwarded through proper channel. The forwarding authorities should also certify (in the format given in Annexure-II) that the entries in the application have been verified from the records and found correct, and that no disciplinary/vigilance proceedings are either pending or contemplated against the applicant and that no major/minor penalties have been imposed on the officer during the last ten years. The forwarding authorities should enclose the up-to-date Confidential Report Dossiers of the applicant for the last five years. A person selected, if already in Government Service, may retain his/her lien with his/her parent cadre or Ministry or Department, as the case may be, while holding office as such for a period not exceeding one
9. Applications in the format given in Annexure-I duly completed should reach Shri Navneet Chouhan, Director, Ministry of Corporate Affairs, Room No 530, A ‘Wing, 5th floor, Shastri Bhawan, New Delhi-110001 latest by 24thApril, 2017. The application may also be downloaded from the Ministry’s website at mca.gov.in or DoP&Ts website www.perstnin.nic.in and National Company Law Tribunal’s website at www.nclt.gov.in.
Yours faithfully,
(Rakesh Kumar)
Under Secretary to the Govt. of India
Tele. No. 23387939
Copy to:
1. All officers at the Headquarters of the Ministry of Corporate Affairs, New Delhi.
2. Technical Director, NIC, DoPT with the request to upload the vacancy circular on the DoPTs website.
3. E governance Cell, Ministry of Corporate Affairs with the request to upload the vacancy
circular on the website of the Ministry.
