Question

A Company Secretary in practice is eligible to become a _____ of National Company Law Tribunal.

• A. Technical Member
• B. Judicial Member
• C. Ordinary Member
• D. Special Member

Answer 1

The correct option is A Technical Member

Section 409 of the Companies Act. 2013 talks about the appointment of the members of the National Company Law Tribunal. As per clause (3) of the section the qualifications of being the technical member of the tribunal includes a person who—

• has, for at least fifteen years been a member of the Indian Corporate Law Service or Indian Legal Service out of which at least three years shall be in the pay scale of Joint Secretary to the Government of India or equivalent or above in that service; or
  
• is, or has been, in practice as a chartered accountant for at least fifteen years; or
  
• is, or has been, in practice as a cost accountant for at least fifteen years; or
  
• is, or has been, in practice as a company secretary for at least fifteen years; or
  
• is a person of proven ability, integrity and standing having special knowledge and experience, of not less than fifteen years, in law, industrial finance, industrial management or administration, industrial reconstruction, investment, accountancy, labour matters, or such other disciplines related to
  
• management, conduct of affairs, revival, rehabilitation and winding up of companies; or
  
• is, or has been, for at least five years, a presiding officer of a Labour Court, Tribunal or National Tribunal constituted under the Industrial Disputes Act, 1947.