Rule 4: Committee for investigation of complaints

8.4.National Company Law Tribunal and National Company Law Appellate Tribunal (Procedure for investigation of misbehavior or incapacity of Chairperson, President and other Members) Rules, 2020

4. Committee for investigation of complaints. –

(1)

The Central Government shall, after receipt of written complaint, alleging any definite charges of misbehavior or incapacity to perform the functions of the office in respect of a Member, it shall make a preliminary scrutiny of such complaint.

(2)

The Central Government after Preliminary scrutiny considers necessary to investigate into the allegation, it shall place the complaint together with supporting material as may be available, before a Committee consisting of the following officers, to investigate the charges of allegations made in the complaint; namely:-

(i)

Cabinet Secretary -Chairman; ex-officio

(ii)

Secretary, Ministry of Corporate Affairs -Member; ex-officio

(iii)

Secretary, Department of Legal Affairs, Ministry of Law and Justice -Member, ex-officio

(3)

The Committee shall devise its own procedure and method of investigation which may include recording of evidence of the complainant and collection of material relevant to the inquiry.

(4)

The Committee shall submit its findings to the President of India as early as possible within a period that may be specified by the President of India in this behalf.