Rule, 2020

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 62] NEW DELHI, MONDAY, FEBRUARY 3, 2020/MAGHA 14, 1941

MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION

New Delhi, the 3rd February, 2020

G.S.R. 80(E).—In exercise of the powers conferred by sub-section (1) and sub-section (2) of section 469 read with section 230 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the National Company Law Tribunal Rules, 2016, namely:-

1. Short title and commencement.‐(1) These rules may be called the National Company Law Tribunal (Amendment) Rules, 2020.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the National Company Law Tribunal Rules, 2016 (hereinafter referred to as the principal rules), after rule 80, the following rule shall be inserted, namely:- “80A. Application under section 230. – An application under sub-section (12) of section 230 may be made in Form NCLT-1 and shall be accompanied with such documents as are mentioned in Annexure B.”.

3. In the principal rules, in the SCHEDULE OF FEES, after S.No.22 and the entries relating thereto, the following shall be inserted, namely:- “22A. Sec 230(12) Application in cases of takeover offer of companies which are not listed.

Rs. 5,000”

4. In the principal rules, in Annexure-A, under the heading Form No. NCLT.1, after the figure ’80’, the figure and letter “80A” shall be inserted.

5. In the principal rules, in Annexure-B, after S.No.12 and the entries relating thereto, the following S.No. shall be inserted, namely:- “12A. Sec 230(12) Application in cases of takeover offer of companies which are not listed.

1.Affidavit verifying the petition

2. Memorandum of appearance with copy of the Board’s Resolution or the executed vakalatnama, as the case may be.

3. Documents in support of the grievance against the takeover.

4. Any other relevant document.” Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide number

G.S.R. 716(E), dated the 21 st July, 2016 and amended vide notification number

G.S.R. 1159(E) dated the 20 th December , 2016 and vide notification number

G.S.R. 840 (E) dated 5 th July, 2017 and vide th January,2019 and vide notification number

G.S.R 351(E) dated th May, 2019.

and Published by the Controller of Publications, Delhi-110054.

MANOJ KUMAR VERMA

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Companies Act, 2013