Section 419: Benches of Tribunal
This section is for establishing the composition and decision-making process of the Benches of the Tribunal.
The section, clause by clause
What the section says
In plain terms
(1)There shall be constituted such number of Benches of the Tribunal, as may, by notification, be specified by the Central Government.
The Central Government will decide how many Benches of the Tribunal will be formed through a notification.
(2)The Principal Bench of the Tribunal shall be at New Delhi which shall be presided over by the President of the Tribunal.
The main Bench of the Tribunal will be located in New Delhi and will be headed by the President of the Tribunal.
(3)The powers of the Tribunal shall be exercisable by Benches consisting of two Members out of whom one shall be a Judicial Member and the other shall be a Technical Member: Provided that it shall be competent for the Members of the Tribunal authorised in this behalf to function as a Bench consisting of a single Judicial Member and exercise the powers of the Tribunal in respect of such class of cases or such matters pertaining to such class of cases, as the President may, by general or special order, specify:
The Tribunal's powers will be exercised by Benches consisting of 2 Members, including 1 Judicial Member and 1 Technical Member, although a single Judicial Member can handle certain cases.
provisoProvided further that if at any stage of the hearing of any such case or matter, it appears to the Member that the case or matter is of such a nature that it ought to be heard by a Bench consisting of two Members, the case or matter may be transferred by the President, or, as the case may be, referred to him for transfer, to such Bench as the President may deem fit.
(4)The Central Government shall, by notification, establish such number of benches of the Tribunal, as it may consider necessary, to exercise the jurisdiction, powers and authority of the Adjudicating Authority conferred on such Tribunal by or under Part II of the Insolvency and Bankruptcy Code, 2016 (31 of 2016).]
(5)If the Members of a Bench differ in opinion on any point or points, it shall be decided according to the majority, if there is a majority, but if the Members are equally divided, they shall state the point or points on which they differ, and the case shall be referred by the President for hearing on such point or points by one or more of the other Members of the Tribunal and such point or points shall be decided according to the opinion of the majority of Members who have heard the case, including those who first heard it.
If the Members of a Bench have differing opinions, the decision will be made based on a majority vote, or if they are evenly split, the President will refer the case to other Members for a decision.
The right-hand column is written from the section text, not quoted from it, and it has no legal force. Where the two differ, the left-hand column is the law.
Amendment notes
- 1. Ins. by Act 7 of 2017, s. 172 (w.e.f. 26-5-5017).
- 2. Subs. by Act 33 of 2021, s. 28, for “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), shall be governed by the provisions of the section 184 of that Act” (w.e.f. 4-4-2021).
- 3. Ins. by Act 29 of 2020, s. 59 (w.e.f. 22-1-2021).
- 1. Subs. by Act 31 of 2016, s. 255 and the Eleventh Schedule, for sub-section (4) (w.e.f. 15-11-2016).
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Reproduced from the official India Code print for reference. Check the current text on India Code before you rely on it, and read the section alongside its Rules. Nothing here is legal advice.