registrar

The Registrar shall examine or cause to be examined every application or required document or e-form or authorized to be filed or delivered under the Act or made rules there-under for registration approval, record taking or by the Registrar rectification, as may be the case.

Provided that save as given in the Act otherwise, the Registrar shall take decision on the application, documents or e-form within thirty days from its filing date excluding the cases in which the Central Government approval or the Regional Director or required any other competent authority.

Further provided that the identified documents or e-form as informative in nature and filed under Straight through process by the registrar may be examined at any time suo moto or of any information receipt or from any source complaint after its filing at any time.

Also provided that contained nothing in the first proviso shall affect the registrar powers to call explanation or information in pursuance of section 206.

Where the registrar, on any application examining or e-Form or referred document in sub-rule (1), finds it important to call for further information or finds such application or document or e-form to be defective or incomplete in any respect, he shall give such information intimation called for or incompleteness or such application to re-submit or document or e-Form within the period permitted under sub-rule (3):

Given that in case the person e-mail address or the company in question is not available, the intimation by the registrar shall be given by post at the intimated company registered office address or the last intimated person address, as may be the case and the Registrar shall preserve the intimation facts in the electronic record.

Except as otherwise given in the Act, the registrar shall permit fifteen days time to the company or the person which has filed the application or document or e-Form under sub-rule (1) for furnishing information further or for rectification of the incompleteness or defects or for re-submission of such application or document or e-form.

In case where such information further called for has not given for these partially furnished or incompleteness or defects has not been rectified or has been partially rectified or as required has not been rectified within the permitted period under sub-rule (3), the registrar shall either treat or reject the application or document or e-form, as may be the case, in the electronic record invalid, and shall inform the company or the person , as may be the case, as specified in the manner in sub-rule (2).

Where any document by the registrar has been recorded as invalid, the document may be rectified by the company only or by the person by fresh filing only along with the fee payment or additional payment as applicable at the time of fresh filing, without prejudice under the Act to any other liability.

In case the registrar finds any filed document or any e-form under Straight Through Process has defective or not complete in any respect, at any time suo motu or on information receipt or compliant from any source at any time, he shall treat the document or e-form as defective in the electronic registrar and shall issue also a notice pointing out the incompleteness or defects in the document or e-form at the last person intimated e-mail address or the company that has filed the document, calling upon the company to file the e-form or calling upon the person or afresh document along with the fee and extra fee, as required at the time of actual re-filing, after rectifying the incompleteness or the defects within the thirty days period from the date of notice.

Given that in case the person e-mail address or the company in question is not available, the registrar shall give the intimation by post at the last registered office of the intimated company or the person last intimated address, as may be the case and the registrar shall safeguard the intimation facts in the electronic record.

Vacation or directors removal.

In the vacation event or the directors removal before invalidating or approving Form No. DIR-12, the registrar shall verify the documents as to the contents correctness and whether adequate supporting documents namely, board resolution copy, notices copy sent for calling meeting board or copy of minutes of directors board reflecting voted for or against.

If the registrar on the documents verification finds further the company has violated any rules or provisions of the Act, he shall refer the matter to the concerned regional director, who shall get the matter by giving the person an opportunity who has been remove or as director vacated and convey the decision of the matter to within ninety days to the registrar from the reference date to him by the registrar.

Fees

The required document to be filed, submitted, recorded or registered or any information or any fact needed or authorized to be registered under the Act shall be filed, submitted recorded or registered on the fee payment or payment of such applicable additional fee, as mentioned in the annexed Table to these rules.’

For the filing purpose the applications or documents for which no e-form is prescribed under the different rules prescribed under the Act, the application or the document shall be filed through GNL.2 or Form No.GNL.1 along with the applicable fee and in case a prescribed single form for multiple purposes, the fee shall be paid for the purposes each contained in the single form.

Payment Mode.

The charges, fees or other payable sums for any application filing, return, form or any other document following the Act or amde any rule thereunder shall be paid by means of credit card; or internet banking or at the counter remittance of the banks authorised or any other modes by the Central Government approved.

Inspection, documents evidence and production kept by the Registrar.

The inspection of the maintained documents in the electronic registry so set up in the rule pursuance and which are otherwise available for inspection under the Act or made rules there under, shall be made in any electronic form by the person.

Documents Inspection.

Any person may–

a, inspect any document that was kept by the registrar, being documents filed or registered by him in pursuance of this Act pursuance or the Companies Act, 1956 (1 of 1956) or record making of any required fact or authorized to be recorded or in pursuance of the Act registered, for each fee inspection on payment.

b, require a incorporation certificate of any company, or a copy or any other document extract or any other document any part to be certified by the registrar, on fee payment.

National Company Law Tribunal (salary, Allowances and other Terms and Conditions of the President service and other members) Rules, 2013.

Pension, Provident Fund or Gratuity.

In case of serving High Court Judge or a person in the service of the Government is appointed to the President post or Technical member of judicial member or Technical member, as may be the case, the rendered service in the Tribunal shall count for pension, to be drawn in respect with service rules to which he belongs, and he shall be governed also by the general Provident Fund provisions (Central Services )Rules, 1962.

Gratuity and Additional Pension shall not be admissible for rendered service in the Tribunal.

Leave

The President and every other Member shall be entitled to the earned leave thirty days for every year of service.

The leave payment salary during leave shall be governed by rule 40 of the Central Civil Services (Leave) Rules, 1972.

Every other member and the president shall be entitled to fifty percent encashment of Earned Leave standing at any time to their credit.

Leave Sanctioning Authority.

In case of the President, the competent authority to the leave sanction shall be the Indian President and in the case of the Members, the President shall be the authority of the leave sanctioning.

Travelling allowances

The Tribunal President while on Tour within India or on transfer (Including the undertaken journey to join the Tribunal or on their tenure completion with the Tribunal to proceed to their home town) shall be entitled to the allowance for travelling, daily allowance, personal effects transportation and other same matters at the applicable same rates as are applicable to the Central Government officers in the Apex Grande(Rupees eighty thousand (fixed), subject to the first proviso to sub-rule (3) of rule 3.

The Tribunal Members while on tour within India or on transfer (including the undertaken journey to join the Tribunal or on their tenure completion with the Tribunal to proceed to their home town) shall be entitled to the allowance for travelling, daily allowance, personal effects transportation and other same matter at the same rates to the officers are applicable to the central Government officers in Higher Administrative Grade (Rs. 67000-79000) subject to first proviso of rule 3 to sub-rule (3).

Official visits abroad.

Official visits abroad by the President shall be undertaken only in respect with issued orders by the Central Government and he shall be entitled to draw allowances such in accordance of such visits as are applicable of the Central government officers in Apex grade (Rupees eighty thousand-fixed), subject to the first proviso to sub-rule 3 of rule 3.

Concession of Leave Travel.

The Tribunal president shall be entitled to leave Travel Concession (LTC) at the applicable same rates to the central Government officers in Apex Grade (Rupees eighty thousand [Fixed]) subject to the proviso first to the sub-rule (3) of Rule 3.

The Tribunal Members shall be entitled to Leave Travel Concession (LTC) at the same rates which are applicable of the Central Government officers in Higher Administrative Grade (Rs. 67000 to 79000), subject to sub-rule (3) to the first proviso of Rule (3).

Medical Treatment.

The other members and the president shall be entitled to hospital facilities and medical treatment as provided in the Central Government Health Scheme and a places, where the told scheme is not in operation, other Members and the President shall be entitled to the facilities as given in the Central service (Medical Attendance) Rules, 1944.

Accommodation.

The Members and the President shall have the claiming option house rent allowance in respect with the prescribed rate by the Central government.

Given that they shall not be eligible for allowance of house rent in case they are declared eligible for Accommodation of general Pool residential and occupy such accommodation of Government allotted to them.

Conveyance Facility.

The Members and the President shall be entitled of staff car to the facility for official journeys and private purposes in respect with the provided facilities to servants of the Government in the corresponding pay grade.

Official meetings, Telephone facility and expenses for entertainment.

The Members and the President shall be eligible for facilities of telephone, official meetings and expenses for entertainment as admissible to a Group “A” officer of the Central government drawing to the pay which is equivalent.

Conditions of service of sitting Judge of a High Court as President appointed as Judicial Member or President.

Where a sitting High Court Judge is appointed as the Judicial member of the Tribunal or the President, as may be the case, the conditions of the service, unless provided specifically in these rules, as contained in the Judges of High Court (Conditions of Service) Act, 1954 and made the rules there-under shall apply to him.

Rules applicability.

Chairman and the Company Law Board members, who fulfill the requirements and qualifications provided under the Act for being appointed as the President respectively and the Tribunal members shall be appointed so after following the procedure for selection in the manner for these posts laid down in section 412 of the Act.

The pay scale mentioned to in clause (a ) of sub-section (3) of section 409 as equivalent to the pay scale to the Government of Joint secretary of India shall mean pay scale of Rs. 37400-67000 (Pay Band – 4) Grade Pay of 10,000.