MCA Amends Rule 63 on Appearance of Authorised Representative under NCLAT Rules 2016; Notifies National Company Law Appellate Tribunal (Amendment) Rules 2017
The MCA has notified the “National Company Law Appellate Tribunal (Amendment) Rules 2017” amending Rule 63 of NCLAT Rules 2016 notified on 21 July 2016 regarding Appearance by Authorised Representative, as under:
G.S.R. 1061(E).—In exercise of the powers conferred by sub-section (1) and sub-section (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the National Company Law Appellate Tribunal Rules, 2016, namely: —
1. Short title and commencement. — (1) These rules may be called the National Company Law Appellate Tribunal (Amendment) Rules, 2017. (2) They shall come into force on the date of their publication in the Official Gazette.
2. In the National Company Law Appellate Tribunal Rules, 2016, for rule 63, the following rule shall be substituted, namely:-
“63. Appearance of authorised representative.- (1) Subject to provisions of section 432 of the Act, a party to any proceedings or appeal before the Appellate Tribunal may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any other person to present his case before the Appellate Tribunal.
(2) The Central Government, the Regional Director or the Registrar of Companies or Official Liquidator may authorise an officer or an Advocate to represent in the proceedings before the Appellate Tribunal.
(3) The officer authorised by the Central Government or the Regional Director or the Registrar of Companies or the Official Liquidator shall be an officer not below the rank of Junior Time Scale or company prosecutor.”.
Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide number G.S.R. 717(E), dated the 21st July, 2016.