Companies Act Section 415 — Acting President and Chairperson of Tribunal or Appellate Tribunal

CHAPTER XXVII NATIONAL COMPANY LAW TRIBUNAL AND APPELLATE TRIBUNAL

Commercial / Corporate

Summary

Sub-section (1) covers what happens when the office of the President or Chairperson becomes vacant. If the President or Chairperson dies, resigns, or the position becomes empty for any other reason, the most senior Member of the Tribunal or Appellate Tribunal steps in to act in that role. This arrangement continues until a new President or Chairperson, appointed under the Act, officially takes over the office.

Sub-section (2) deals with a temporary inability to perform duties. When the President or Chairperson cannot carry out their functions because of absence, illness, or any other cause, the senior-most Member takes over those functions. This continues until the President or Chairperson is able to resume their duties.

Official Text

(1) In the event of the occurrence of any vacancy in the office of the President or the Chairperson by reason of his death, resignation or otherwise, the senior-most Member shall act as the President or the Chairperson, as the case may be, until the date on which a new President or Chairperson appointed in accordance with the provisions of this Act to fill such vacancy enters upon his office.

(2) When the President or the Chairperson is unable to discharge his functions owing to absence, illness or any other cause, the senior-most Member shall discharge the functions of the President or the Chairperson, as the case may be, until the date on which the President or the Chairperson resumes his duties.