Question

    Which of the following statements accurately reflects the procedural requirements for the constitution of the National Company Law Appellate Tribunal as per the provisions of the Companies Act?

    A The Central Government is required to appoint the chairperson and all Judicial and Technical Members of the National Company Law Appellate Tribunal through a public recruitment process and ensure their appointments are publicly announced at least 30 days before their commencement Correct Answer Incorrect Answer
    B The Central Government shall establish the National Company Law Appellate Tribunal through a notification, specifying the effective date and appointing a chairperson along with a designated number of Judicial and Technical Members, the precise number of whom is determined by the discretion of the Central Government Correct Answer Incorrect Answer
    C The National Company Law Appellate Tribunal must be constituted by the Central Government upon receiving recommendations from a selection committee, which includes representatives from various government departments, and must publish the appointments in the official gazette within 15 days of their effective date Correct Answer Incorrect Answer
    D The Central Government must first draft and release a comprehensive consultation paper outlining the structure and requirements for the National Company Law Appellate Tribunal, including the criteria for Judicial and Technical Members, and then finalize the appointments based on stakeholder feedback Correct Answer Incorrect Answer
    E The Central Government is tasked with forming the National Company Law Appellate Tribunal by issuing a notification specifying a start date, which includes selecting a chairperson and determining the number of Judicial and Technical Members, but the appointments must be confirmed by a legislative committee before they become effective. Correct Answer Incorrect Answer

    Solution

    Section 410. Constitution of Appellate Tribunal: The Central Government shall, by notification, constitute, with effect from such date as may be specified therein, an Appellate Tribunal to be known as the National Company Law Appellate Tribunal consisting of a chairperson and such number of Judicial and Technical Members, as the Central Government may deem fit, to be appointed by it by notification.

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