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Taxmann's National Company Law Tribunal Rules 2016

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71. Application under proviso to clause (b) of sub-section (1) of section

72. Appeal against the order of the Government under section 62(4)

73.

PART XIV

PART XV

PART XVI AFFIDAVITS

PART XVII

PART XVIII

PART XIX

DISPOSAL

NATIONAL COMPANY LAW

PART IV

PART V

RECORD OF PROCEEDINGS

PART VI

PART VII

PART

AFFIDAVITS

PART XIII

EXAMINATION OF WITNESSES

COMPANIES (COMPROMISES, ARRANGEMENTS AND AMALGAMATIONS) RULES, 2016

26.

27.

28.

29.

5.

6.

COMPANIES (TRANSFER OF PENDING PROCEEDINGS) RULES, 2016

3.

4.

5.

6.

NATIONAL COMPANY LAW TRIBUNAL (PROCEDURE FOR REDUCTION OF SHARE CAPITAL OF COMPANY) RULES, 2016

National Company Law Tribunal Rules, 2016*

In exercise of the powers conferred by section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules, namely:—

Short title and Commencement

1. (1) These rules may be called the National Company Law Tribunal Rules, 2016.

(2)They shall come into force on the date of their publication in the Official Gazette.

PART I

1[DEFINITIONS AND FORMS ETC.]

Definitions

2. In these rules, unless the context otherwise requires,—

(1) ā€œActā€ means the Companies Act, 2013 (18 of 2013);

(2) ā€œaddress for serviceā€ shall mean the address furnished by a party or his authorised representative at which service of summons, notices or other processes may be effected under these rules;

(3) ā€œadvocateā€ means a person who is entitled to practise as such under the Advocates Act, 1961 (25 of 1961);

(4) ā€œapplicantā€ means a petitioner or an appellant or any other person or entity capable of making an application including an interlocutory application or a petition or an appeal under the Act;

(5) ā€œapplicationā€ means any application, 2[***] or proceedings filed under the provisions of the Act, including any transferred application or transferred petition as defined under subrule (29) ;

(6) ā€œauthorised representativeā€ means a person authorised in writing by a party to present his case before the Tribunal as the representative of such party as provided under section 432 of the Act;

(7) ā€œBenchā€ means a Bench of the Tribunal constituted under section 419 of the Act and includes Circuit Benches constituted by the President with prior approval of the Central Government to sit at such other geographical locations as may be necessary having regard to requirements;

(8) ā€œCentral Registryā€ means the registry in which all the applications or petitions and documents are received by the Registrar for allocation to the concerned Bench of the Tribunal for disposal;

(9) ā€œcertifiedā€ means in relation to a copy of a document as hereunder:—

( a)certified as provided in section 76 of the Indian Evidence Act, 1872; or (b)certified as provided in section 6 of Information Technology Act, 2000; or

*Chapter XXVII of Companies Act, 2013 : National Company Law Tribunal and Appellate Tribunal.

1.Substituted for ā€œDEFINITIONS, FORMS AND ETC.ā€ by the National Company Law Tribunal (Amendment) Rules, 2016, w.e.f. 20-12-2016.

2.Words ā€œinterlocutory applicationā€ omitted, ibid.

R. 2 NATIONAL COMPANY LAW TRIBUNAL RULES, 2016 2

(c)certified copy issued by the Registrar of Companies under the Act;

(d)copy of document as may be a downloaded from any online portal prescribed under section 398 of the Act or a photo copy of the original pertaining to any company registered with the Office of the Registrar of Companies of the concerned State duly certified by a legal practitioner 3[or a chartered accountant in practice or a cost accountant in practice or a company secretary in practice];

(10) ā€œcertified by Tribunalā€ means in relation to a copy of a document, certified to be a true copy issued by the Registry or of a Bench of the Tribunal under its hand and seal and as provided in section 76 of the Indian Evidence Act, 1872 (1 of 1872);

(11) ā€œcreditorā€ means any person to whom a debt is owed;

(12) ā€œfeeā€ means the amount payable in pursuance of the provisions of the Act and these rules for any petition or application or interlocutory application or a document or for certified copy of document or order of the Tribunal or such other paper as may be specified in Schedule of Fees to these rules and includes any modifications as may be made thereto or any fee as prescribed for filing of documents to the Tribunal by these rules;

(13) ā€œfilerā€ means an authorised representative of that person or any party to the proceedings who files any document with the Tribunal in relation to a case filed under the Act, or any rules thereunder;

(14) ā€œfiledā€ means filed in the office of the Registry of the Tribunal;

(15) ā€œinterlocutory applicationā€ means an application in any appeal or original petition on proceeding already instituted in the Tribunal, but not being a proceeding for execution of the order or direction of Tribunal;

(16) ā€œpartyā€ means a person who prefers an appeal or application or petition before the Tribunal and includes respondent or any person interested in the said appeal or application or petition including the Registrar of Companies or the Regional Director or Central Government or State Government or official liquidator and any person who has a right under the Act, or the Reserve Bank of India Act, 1934 (2 of 1934) to make suggestions or submissions or objections or reply;

(17) ā€œpetitionā€ means a petition or an application or an appeal or a complaint in pursuance of which any proceeding is commenced before the Tribunal;

(18) ā€œperson interestedā€ means a shareholder, creditor, employee, transferee company and other company concerned in relation to the term or context referred to in the relevant provisions of the Act or any person aggrieved by any order or action of any company or its directors;

(19) ā€œpleadingsā€ means and includes application including interlocutory application, petition, appeal, revision, reply, rejoinder, statement, counter claim, additional statement supplementing the original application and reply statement under these rules and as may be permitted by the Tribunal;

(20) ā€œreferenceā€ means a reference within the meaning of rule 88 of these rules;

(21) ā€œRegistrarā€ means Registrar of the Tribunal and includes such other officer of the Tribunal or Bench to whom the powers and functions of the Registrar is delegated;

(22) ā€œRegistryā€ means the Registry of the Tribunal or any of its Benches, as the case may be, which keeps records of the applications and documents relating thereto;

(23) ā€œReserve Bankā€ means the Reserve Bank of India and includes its branches and agencies as defined in the Reserve Bank of India Act, 1934 (2 of 1934);

(24) ā€œSealedā€ means sealed with the seal of the Tribunal;

(25) ā€œSecretaryā€ means Secretary of the Tribunal and in the absence of Secretary, such other officer of the Tribunal to whom the powers and functions of the Secretary are delegated.

3.Substituted for ā€œor a chartered accountant or a cost accountant or a company secretaryā€ by the National Company Law Tribunal (Amendment) Rules, 2016, w.e.f. 20-12-2016.

3 NATIONAL COMPANY LAW TRIBUNAL RULES, 2016 R. 10

(26) ā€œsecured creditorā€ means a creditor in whose favour a security interest is created;

(27) ā€œsecurity interestā€ means right, title or interest or a claim to property, created in favour of, or provided for a secured creditor by a transaction which secures payment or performance of an obligation and includes mortgage, charge, hypothecation, assignment and encumbrance or any other agreement or arrangement securing payment or performance of any obligation of any person:

Provided that security interest shall not include a performance guarantee.

(28) ā€œsectionā€ means a section of the Act;

(29) ā€œtransferred applicationā€ or ā€œtransferred petitionā€ means any proceeding which has been transferred to the Tribunal from the Company Law Board, the High Court, District Court, Board for Industrial and Financial Reconstruction as provided in clauses (a), (c) and (d) of sub-section (1) of section 434 of the Act;

(30) words and expressions used herein and not defined but defined in the Act shall have the respective meanings assigned to them in the Act.

Computation of time period

3. Where a period is prescribed by the Act and these rules or under any other law or is fixed by the Tribunal for doing any act, in computing the time, the day from which the said period is to be reckoned shall be excluded, and if the last day expires on a day when the office of the Tribunal is closed, that day and any succeeding days on which the Tribunal remains closed shall also be excluded.

Forms

4. The forms annexed as Annexure ā€˜A’ to these rules with such modifications or variations as the circumstances of each case may require shall be used for the purpose mentioned therein and where no form is prescribed to cover a contingency, a form as may be approved by the Registrar, shall be used.

Format of order or direction or rule

5. Every rule, direction, order, summons, warrant or other mandatory process shall be issued in the name of the President and shall be signed by the Registrar or any other officer specifically authorised in that behalf by the President, with the day, month and year of signing and shall be sealed with the seal of the Tribunal.

Official seal of the Tribunal

6. The official seal and emblem of the Tribunal shall be such, as the Central Government may from time to time specify and shall be in the custody of the Registrar.

Custody of the records

7. The Registrar shall have the custody of the records of the Tribunal and no record or document filed in any cause or matter shall be allowed to be taken out of the custody of the Tribunal without the leave of the Tribunal:

Provided that the Registrar may allow any other officer of the Tribunal to remove any official paper or record for administrative purposes from the Tribunal.

Sitting of the Tribunal

8. The Tribunal shall hold its sittings either at its headquarter or at such other place falling within its territorial jurisdiction as it may consider convenient.

Sitting hours

9. The sitting hours of the Tribunal shall ordinarily be from 10:30 AM to 1:00 PM and 2:00 P.M. to 4:30 PM, subject to any order made by the President.

Working hours

10. (1) Except on Saturdays, Sundays and other National Holiday, the office of the Tribunal shall remain open on all working days from 09.30 A.M. to 6.00 P.M.

(2) The Filing Counter of the Registry shall be open on all working days from 10.30 AM to 5.00 P.M.

NATIONAL COMPANY LAW TRIBUNAL RULES 2016 – BARE ACT

AUTHOR : Taxmann's Editorial Board

PUBLISHER : Taxmann

DATE OF PUBLICATION : February 2026

EDITION : 2026 Edition

ISBN NO : 9789375618027

NO. OF PAGES : 192

BINDING TYPE : Paperback

DESCRIPTION

National Company Law Tribunal Rules 2016 [Bare Act with Section Notes] by Taxmann is a concise and authoritative statutory publication that sets out the complete procedural and administrative framework governing proceedings before the National Company Law Tribunal (NCLT). Notified under the Companies Act 2013, these Rules convert substantive corporate law remedies into a structured, rule-based adjudicatory mechanism. This Edition presents the Rules as a practical procedural code, explaining how matters are to be instituted, processed, heard, adjudicated, recorded, and implemented before the Tribunal. The publication is designed as a reliable day-to-day reference for NCLT practice, ensuring procedural certainty, registry compliance, and litigation accuracy. This book is intended for the following audience:

• Practising Advocates and Corporate Litigation Professionals

• Company Secretaries, Chartered Accountants, and Cost Accountants

• Insolvency Professionals and Restructuring Advisors

• In-House Legal and Compliance Teams

• Tribunal Officials and Registry Personnel

• Students and Researchers

The Present Publication is the 2026 Edition, covering the amended and updated text of the National Company Law Tribunal Rules [GSR 716(E), dated 21-7-2016], with the following noteworthy features:

• [Complete Procedural Codification] Covers the entire statutory framework for NCLT proceedings, from initiation to disposal and compliance

• [Registry-oriented Rule Design] Details scrutiny, defects, listing, service, inspection, and record management as followed in actual tribunal practice

• [Integrated Forms, Formats & Fees] Includes prescribed forms, procedural formats, and a section-linked Schedule of Fees

• [Post-order Compliance Framework] Sets out procedures for certified copies, filing of Tribunal orders with the Registrar of Companies (including Form INC-28), and record maintenance

• [Consolidated Allied Rules] Incorporates key allied rules relevant to NCLT proceedings, enhancing its value as a single reference

• [Bare Act Precision] Reproduces the law exactly as notified, without commentary, ensuring statutory accuracy

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