Section 413 — Term of office of President, chairperson and other Members
(1) The President and every
other Member of the Tribunal shall hold office as such for a term of five years from the date on which he
enters upon his office, but shall be eligible for re-appointment for another term of five years.
(2) A Member of the Tribunal shall hold office as such until he attains,—
(a) in the case of the President, the age of sixty-seven years;
(b) in the case of any other Member, the age of sixty-five years:
Provided that a person who has not completed fifty years of age shall not be eligible for appointment
as Member:
Provided further that the Member may retain his lien with his parent cadre or Ministry or Department,
as the case may be, while holding office as such for a period not exceeding one year.
1. The words “not exceeding eleven” omitted by Act 29 of 2020, s. 58 (w.e.f. 22-1-2021).
2. Subs. by Act 7 of 2017, s. 172, for “for hearing appeals against the orders to the Tribunal” (w.e.f. 26-5-2017).
3. Subs. by Act 1 of 2018, s. 83 for “orders of the Tribunal” (w.e.f. 7-5-2018).
4. Subs. by Act 29 of 2020, s. 58, for “section 53N” (w.e.f. 22-1-2021).
5. Subs. by Act 1 of 2018, s. 84, for sub-section (3) (w.e.f. 9-2-2018).
6. Subs. by s. 85, ibid., for sub-section (2) (w.e.f. 9-2-2018).
(3) The chairperson or a Member of the Appellate Tribunal shall hold office as such for a term of five
years from the date on which he enters upon his office, but shall be eligible for re-appointment for another
term of five years.
(4) A Member of the Appellate Tribunal shall hold office as such until he attains,—
(a) in the case of the Chairperson, the age of seventy years;
(b) in the case of any other Member, the age of sixty-seven years:
Provided that a person who has not completed fifty ye ars of age shall not be eligible for appointment
as Member:
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 412 — Selection of Members of Tribunal and Appellate Tribunal
- 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