State the composition of the "Competition Appellate Tribunal", comprising of qualification term provisions relating to Resignation and Restriction on employment after the resignation of chairperson and/or member; and who

CS Executive · Economic and Commercial Laws · PYQS · June 2018
State the composition of the "Competition Appellate Tribunal", comprising of qualification term provisions relating to Resignation and Restriction on employment after the resignation of chairperson and/or member; and who can represent the appellant before the Tribunal ?

Answer & Explanation:

Composition The National Company Law Appellate Tribunal constituted under Section 410 of the Companies Act, 2013 shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017 , be the Appellate Tribunal for the purpose of Competition Act . As per Section 410 of the Companies Act, 2013 , National Company Law Appellate Tribunal consisting of a Chairperson and such number of Judicial and Technical Members, not exceeding eleven, as the Central Government may deem fit, to be appointed by it by notification, for hearing appeals against, (a) the order of the Tribunal under Companies Act, 2013 or of the National Financial Reporting Authority and (b) any direction, decision or order referred to in Section 53N of the Competition Act, 2002 . Qualification According to Section 411 of the Companies Act, 2013 , the Chairperson shall be a person who is or has been a Judge of the Supreme Court or the Chief Justice of a High Court. A Judicial Member shall be a person who is or has been a Judge of a High Court or is a Judicial Member of the Tribunal for five years. A technical member shall be a person of proven ability, integrity and standing having special knowledge and professional experience of not less than twenty-five years in industrial finance, industrial management, industrial reconstruction, investment and accountancy. Resignation Section 416 of the Companies Act, 2013 provides that the President, the Chairperson or any Member may, by notice in writing under his hand addressed to the Central Government, resign from his office. However, the President, the Chairperson, or the Member shall continue to hold office until the expiry of three months from the date of receipt of such notice by the Central Government or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earliest. Who can represent the appellant before the Tribunal? Section 53S of the Competition Act, 2002 provides that a person preferring an appeal to the Appellate Tribunal may either appear in person or authorize one or more chartered Accountants or Company Secretaries or Cost Accountants or legal practitioners or any of its officers to present his or its case before the Appellate Tribunal. The Central Government or a State Government or a local authority or any enterprise preferring an appeal to the Appellate Tribunal may authorize one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to act as presenting officers and every person so authorized may present the case with respect to any appeal before the Appellate Tribunal.

Topics: Competition Law

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