## Policy Analysis Report: Appointment of President, National Company Law Tribunal
**1. Executive Summary:**
This report analyzes a notification from the Ministry of Corporate Affairs, Government of India, regarding the appointment of Justice (Retd.) Ramalingam Sudhakar as President of the National Company Law Tribunal (NCLT). The core purpose of this notification is to formally appoint an individual to a key leadership position within the NCLT. The report details the appointee, the terms of the appointment, and infers the relevant stakeholders and implementation aspects based solely on the provided text.
**2. Introduction:**
This report provides an overview and analysis of a notification issued by the Ministry of Corporate Affairs concerning the appointment of the President of the National Company Law Tribunal (NCLT). The analysis is based exclusively on the text of the provided notification and aims to inform the Affected Industry about the key aspects of this appointment.
**3. Policy Overview:**
This is a new policy action concerning a specific appointment.
* **Core Objective:** The core objective, as stated in the notification, is to appoint Justice (Retd.) Ramalingam Sudhakar as President of the National Company Law Tribunal (NCLT).
**4. Background and Rationale:**
This policy addresses the need to fill the leadership position of President within the NCLT. The text does not explicitly state the reasons for the appointment. However, it is reasonable to infer that the appointment is necessary for the continued effective operation of the NCLT in its role of adjudicating corporate disputes and promoting corporate governance.
**5. Key Provisions / Changes:**
As this is a new policy action for a specific instance, the key provisions are as follows:
* **Appointment:** Justice (Retd.) Ramalingam Sudhakar is appointed as President of the NCLT.
* **Authority:** The appointment is made under the powers conferred by Section 408 of the Companies Act, 2013 (18 of 2013).
* **Compensation:** The appointee will receive a pay scale of Rs. 80,000 (fixed prerevised level 17) in the pay matrix of Rs. 225,000 as per the 7th Central Pay Commission.
* **Tenure:** The appointment is for a period of five years from November 1st, 2021, or until the appointee reaches the age of sixty-seven years, or until further orders, whichever is earliest.
* **Effective Date:** The appointment is effective from November 1st, 2021.
**6. Target Audience and Stakeholders:**
Based on the provided text, the directly affected parties include:
* **Justice (Retd.) Ramalingam Sudhakar:** The individual appointed as President.
* **The National Company Law Tribunal (NCLT):** The organization receiving the new President.
* **Ministry of Corporate Affairs:** The government body responsible for the appointment.
* **Companies appearing before NCLT:** The NCLT is responsible for adjudicating issues related to companies. Therefore, companies are stakeholders.
* **7th Central Pay Commission:** The Commission determining the appointee's salary.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:**
* The Ministry of Corporate Affairs is responsible for issuing the notification and overseeing the appointment.
* The NCLT is responsible for integrating the new President into its operations.
* **Timelines:** The appointment is effective from November 1st, 2021, and lasts for five years, until the age of 67, or until further orders.
* **Procedures:** While specific procedures are not detailed, it can be inferred that standard government procedures for appointment and onboarding are followed.
**8. Expected Outcomes / Impact of Changes:**
The intended outcome of this appointment is the continued efficient and effective functioning of the NCLT. Having a designated President ensures leadership and facilitates the timely resolution of corporate disputes. A qualified and experienced individual in this role strengthens the NCLT's ability to uphold corporate governance standards.
**9. Conclusion:**
The Ministry of Corporate Affairs' notification formalizes the appointment of Justice (Retd.) Ramalingam Sudhakar as President of the National Company Law Tribunal (NCLT). This appointment is a critical step in ensuring the NCLT's continued effective operation and its role in upholding corporate governance. The appointee's qualifications and the defined terms of appointment contribute to the stability and credibility of the NCLT's leadership.
Key Entities Referenced
Companies Act, 2013: A law enacted in 2013, referenced as the basis for the powers exercised in the notification.
Central Government: The governing body that is making the appointment as per the notification.
Justice Retd. Ramalingam Sudhakar: Former Chief Justice of Manipur High Court, appointed as President in the National Company Law Tribunal.
Manipur High Court: The High Court where Justice Sudhakar previously served as Chief Justice, located in the state of Manipur, India.
National Company Law Tribunal: The organization where Justice Sudhakar is appointed as President.
7th Central Pay Commission: The commission whose pay scale recommendations are being used to determine Justice Sudhakar's salary.
New Delhi: Location where the notification was issued.
India: Country in which gazette is published
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
xxxGIDHxxx
सी.जी.-डी.एलxx.x-GअID.-E2x2xx0 22022-233657
CG-DL-E-22022022-233657
असाधारण
EXTRAORDINARY
भाग II—खण्ड 3—उप-खण्ड (ii)
PART II—Section 3—Sub-section (ii)
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 788] नई ददल्ली, मगं लवार, फरवरी 22, 2022/फाल्ग नु 03, 1943
No. 788] NEW DELHI, TUESDAY, FEBRUARY 22, 2022/PHALGUNA 03, 1943
कारपोरेट काय य मत्रं ालय
अजधसचू ना
नई ददल्ल ी, 22 फरवरी, 2022
का.आ. 817(अ).—केंद्रीय सरकार, कंपनी अजधजनयम, 2013 (2013 का 18) की धारा 408 द्वारा प्रदत्त
िजियों का प्रयोग करत े हुए, मजणपुर उच् च न् यायालय के पूव य मुख् य न् यायाधीि, न् यायमूतत (सेवाजनवृत्त)
रामाललगम सुधाकर को 80,000/-रुपए (जनयत) के वेतनमान (संिोधन पूव)य [7वें केंद्रीय वेतन आयोग के अनुसार
वेतन मैट्ररक् स (225000/-रुपए) में स्ट्त र 17] म,ें इस पद को काययभार ग्रहण करन े की तारीख अथातय ् 01 नवंबर,
2021 से पांच वर्य की अवजध के जलए अथवा उनके द्वारा सड़सठ वर्य की आयु प्राप्त करने तक या अगले आदिे ों
तक, िो भी पहले हो, राष्टर ीय कंपनी जवजध अजधकरण में अध् यक्ष के रूप में जनयुक्त करती ह।ै
[फा. सं. ए-12023/3/2019-प्रिा.-IV]
मनोि पाण् डये , संयुक् त सजचव
1250 GI/2022 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]
MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 22nd February, 2022
S.O. 817(E).—In exercise of the powers conferred by section 408 of the Companies Act, 2013 (18
of 2013), the Central Government hereby appoints Justice (Retd.) Ramalingam Sudhakar, former Chief
Justice of Manipur High Court as President in the National Company Law Tribunal in the pay scale of Rs.
80,000/- (fixed) (pre-revised) [level 17 in the pay matrix (Rs. 225000/-) as per 7th Central Pay
Commission] for a period of five years from the date of assumption of charge of the post i.e. with effect
from the 1st November, 2021, or till he attains the age of sixty-seven years, or until further orders,
whichever is the earliest.
[F. No. A-12023/3/2019-Ad.IV]
MANOJ PANDEY, Jt. Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.