Regulation 4 - Power of the Chairman to specify matters which may be dealt with by a Bench. - Company Law Board Regulations, 1991

Power of the Chairman to specify matters which may be dealt with by a Bench. 3 [4. (1) It shall be lawful for the Chairman to provide that matters falling under sections 235, 237, 10 [ *** ] , 248, 250, 388B, 408 and 409 and matters falling [1] under Chapter VI of Part VI of the Act and under section 2A of the Monopolies Act shall be dealt with by a Bench consisting of [2] [one or more members] (which shall be known as the Principal Bench). [3] [(1A) It shall also be lawful for the Chairman to provide that matters falling under sections 235 and 237 of the Act and matters falling under Chapter VI of Part VI of the Act in so far as they relate to Southern Region shall be dealt with by a Bench consisting of [4] [one or more members]which shall be known as Additional Principal Bench)]. (2) The Principal Bench shall be at New Delhi but the Principal Bench may sit at such places in India and at such time as may be most convenient in exercise of its powers and functions in India. [5] [(2A) The Additional Principal Bench shall be at Chennai but it may sit at such places in the Southern Region as may be more convenient in exercise of its powers and functions.] (3) It shall be lawful for the Chairman to provide for matters falling under [6] [sections 111, 111A and 269 of the Act] shall be dealt with by a Bench consisting of [7] [one or more members]. (4) All other matters including interlocutory and miscellaneous applications connected with the matters falling under sub-regulations (1) [8] [, (1A)] and (3) of this regulation may be heard and decided by a Bench consisting of a single member: 11 [ Provided further that notwithstanding anything contained in regulation 7, it shall be lawful for the Chairman to inter-se transfer any matter pending before a Regional Bench to any other Regional Bench or to the Principal Bench either at the joint request of the parties or for other reasons to be recorded in writing. ]] ------------------- Notes:- [1] Substituted by the Company Law Board (Amendment) Regulations, 1995, w.e.f. 2-5-1995. Prior to substitution the Regulation read as under: 4. Power of the Chairman to specify matters which may be dealt with by a Bench. (1) It shall be lawful for the Chairman to provide that matters falling under sections 235, 237, 247, 248, 250, 388B, 408 and 409 and matters falling under Chapter VI of Part VI of the Act and under section 2A of the Monopolies Act and all other matters incidental thereto shall be dealt with by a Bench consisting of not less than two members, including the Chairman or the Vice Chairman (which shall be known as the Principal Bench). (2) The Principal Bench shall be at New Delhi but the Principal Bench may sit at such places in India and at such time as may be most convenient in exercise of its powers and functions in India. (3) It shall be lawful for the Chairman to provide that matters falling under sections 111 and 269 of the Act and under section 22A of the Securities Act shall be dealt with by a Bench consisting of not less than two members and all other matters not falling under sub-regulations (1) and (3) of this regulation including issuing of directions and interlocutory matters may be dealt with by a Bench consisting of a single member: Provided that notwithstanding anything contained in regulation 7, it shall be lawful for the Chairman to transfer any matter pending before any Regional Bench to the Principal Bench, for reasons to be recorded in writing. Earlier, the above regulation was substituted by the Company Law Board (Amendment) Regulations, 1994, w.e.f. 25-7-1994 for the original regulation. [2] Substituted for not less than two members including the Chairman or the Vice Chairman by Company Law Board (Amendment) Regulations, 2002, w.e.f. 5-9-2002. [3] Inserted by the Company Law Board (Amendment) Regulations, 2000, w.e.f. 14-12-2000. [4] Substituted for not less than two members by Company Law Board (Amendment) Regulations, 2002, w.e.f. 5-9-2002. [5] Substituted for not less than two members by Company Law Board (Amendment) Regulations, 2002, w.e.f. 5-9-2002. [6] Substituted by the Company Law Board (Amendment) Regulations, 1997 for sections 111 and 269 of the Act and under section 22A of the Securities Act . [7] Substitution for not less than two members by Company Law Board (Amendment) Regulations, 2002, w.e.f. 5-9-2002. [8] Inserted by the Company Law Board (Amendment) Regulations, 2000, w.e.f. 14-12-2000. [9] Inserted by the Company Law Board (Amendment) Regulations, 2000, w.e.f. 14-12-2000. [10] Omitted vide Order FILE NO. 10/36/2001-CLB, Dated 07/12/2012 , before it was read as:- 247 [11] Substituted vide Order FILE NO. 10/36/2001-CLB, Dated 07/12/2012 , before it was read as:- Provided that notwithstanding anything contained in Regulation 7, it shall be lawful for the Chairman to transfer any matters pending before any Regional Bench [9] [or the Additional Principal Bench] to the Principal Bench, for reasons to be recorded in writing.