Companies Act, 2013
412 . Selection of
Members of Tribunal and Appellate Tribunal.
1. The President of the
Tribunal and the chairperson and Judicial Members of the Appellate Tribunal,
shall be appointed after consultation with the Chief Justice of India.
2. The Members of the Tribunal
and the Technical Members of the Appellate Tribunal shall be appointed on the
recommendation of a Selection Committee consisting of—
a.
Chief
Justice of India or his nominee—Chairperson;
b.
a
senior Judge of the Supreme Court or a Chief Justice of High Court— Member;
c.
Secretary
in the Ministry of Corporate Affairs—Member;
d.
Secretary
in the Ministry of Law and Justice—Member; and
e.
Secretary
in the Department of Financial Services in the Ministry of Finance— Member.
1.
2.
3. The Secretary,
Ministry of Corporate Affairs shall be the Convener of the Selection Committee.
4. The Selection
Committee shall determine its procedure for recommending persons under
sub-section (2 ).
5. No appointment of the
Members of the Tribunal or the Appellate Tribunal shall be invalid merely by reason
of any vacancy or any defect in the constitution of the Selection Committee.