eCourtsIndia
IndiaCode Laws
Section413
The Companies Act, 2013

Term of office of President, Chairperson and other Members

In force From 01 Apr 2014 Act 18 of 2013 As on 14 Oct 2026

Act 18 of 2013 Ministry Corporate Affairs Enacted 29 Aug 2013 In force 01 Apr 2014

Section 413 of the Companies Act, 2013 deals with term of office of President, Chairperson and other Members. The President and every other Member of the Tribunal shall hold office as such for a term of five years from the date on which he enters upon his office, but shall be eligible for re-appointment for another term of five years. The Act came into force on 01 Apr 2014.

(1) The President and every other Member of the Tribunal shall hold office as such for a term of five years from the date on which he enters upon his office, but shall be eligible for re-appointment for another term of five years.

(2) A Member of the Tribunal shall hold office as such until he attains,--

(a) in the case of the President, the age of sixty-seven years;

(b) in the case of any other Member, the age of sixty-five years:

Provided that a person who has not completed fifty years of age shall not be eligible for appointment as Member:

Provided further that the Member may retain his lien with his parent cadre or Ministry or Department, as the case may be, while holding office as such for a period not exceeding one year.

(3) The chairperson or a Member of the Appellate Tribunal shall hold office as such for a term of five years from the date on which he enters upon his office, but shall be eligible for re-appointment for another term of five years.

(4) A Member of the Appellate Tribunal shall hold office as such until he attains,--

(a) in the case of the Chairperson, the age of seventy years;

(b) in the case of any other Member, the age of sixty-seven years:

Provided that a person who has not completed fifty years of age shall not be eligible for appointment as Member:

Provided further that the Member may retain his lien with his parent cadre or Ministry or Department, as the case may be, while holding office as such for a period not exceeding one year.

Section 413, The Companies Act, 2013 (Act 18 of 2013).

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. National Company Law Tribunal Bar Association vs Union of India

    Supreme Court of India 01 Aug 2022 Persuasive (Other High Court/Supreme Court Precedent) Reportable

    Court's Decision & Legal Precedent

    While an administrative notification for appointment to the NCLT must be consistent with the statutory provisions of Section 413 of the Companies Act 2013 prescribing a five-year tenure, the Supreme Court will not exercise its Article 32 jurisdiction to extend the tenures of members who have accepted appointment for a shorter period without challenge, when supervening developments such as an ongoing selection process have occurred. The appropriate remedy is to direct future compliance with statutory provisions while allowing the ongoing process to continue. A Bar Association lacks standing to challenge the tenure of members who are not parties to the proceedings and have not themselves raised a grievance.

    On this section: Mandates that the President and every other Member of the Tribunal shall hold office for a term of five years from the date of entering office, and shall be eligible for re-appointment for another term of five years. The Court held that administrative notifications for appointment must be consistent with this statutory provision.

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 413

What have the courts held on Section 413 of the Companies Act?

National Company Law Tribunal Bar Association vs Union of India (01 Aug 2022) is the leading judgment on this section among those set out below: Mandates that the President and every other Member of the Tribunal shall hold office for a term of five years from the date of entering office, and shall be eligible for re-appointment for another term of five years. The Court held that administrative notifications for appointment must be consistent with this statutory provision.

How do I find court cases under Section 413 of the Companies Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Companies Act 413, section 413 Companies Act, section 413 of the Companies Act. People searching for it also type companies act 2006 s 413. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with National Company Law Tribunal Bar Association vs Union of India (01 Aug 2022).

When did Section 413 of the Companies Act come into force?

Section 413 of the Companies Act, cited as Companies Act 413, came into force on 01 Apr 2014, having been enacted on 29 Aug 2013. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.