Section 413 Term of office of President, chairperson and other Members – Companies Act 2013

Amended and updated notes on section 413 of Companies Act 2013. Provisions and rules related to term of office of President, chairperson and other Members.

Amended and updated notes on section 413 of Companies Act 2013. Detail discussion on provisions and rules related to term of office of President, chairperson and other Members.

Chapter XXVII (Sections 407-434) of the Companies Act, 2013 (CA 2013) deals with the provisions related to National Company Law Tribunal and Appellate Tribunal i.e. NCLT and NCLAT. Section 413 of CA 2013 provides for term of office of President, chairperson and other Members.

Recently, we have discussed in detail section 412 (Selection of Members of Tribunal and Appellate Tribunal) of CA 2013. Today, we learn the provisions of section 413 of the Companies Act 2013.

The provisions of section 413 are effective from 12th September, 2013. You may refer Notification No. S.O. 2754(E) dated 12-09-2013. In this article, you will learn detail of the provisions of section 413 the Companies Act 2013.

Name of ActThe Companies Act 2013
Enacted byParliament of India
Administered byMinistry of Corporate Affairs (MCA)
Number of Chapters29
Number of Sections484 (470-43+57)
Number of Schedules7
You are reading:
Chapter No.XXVII
Chapter NameNational Company Law Tribunal and Appellate Tribunal
Section No.413
Section NameTerm of office of President, chairperson and other Members
Monthly Updated EditionCompany Law PDF

Section 413 of Companies Act 2013: Term of office of President, chairperson and other Members

Section 413 shall come into force on 12th September, 2013 vide Notification No. S.O. 2754(E) dated 12.09.2013.

(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.


AUBSP.com – Trending Now

March 2024 Edition

GST Law Book PDF

(GST Bare Acts, Rules, Rates and Exemptions)

Learn More