Rules 1 and 2 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 1 gives the Rules their name and says they took effect on publication. Rule 2 defines the words every later rule leans on, and the most important of them is "Appeal": it means only an appeal under section 421(1) of the Companies Act, 2013. This article reads both rules and then maps the sixteen Parts that follow.
The National Company Law Appellate Tribunal Rules, 2016 were made under section 469 of the Companies Act, 2013 by G.S.R. 717(E) dated 21 July 2016 and came into force on the date of publication in the Official Gazette. Rule 2 has ten clauses, (a) to (j). "Appeal" means an appeal under section 421(1), so the Rules govern appeals against NCLT orders under the Companies Act. This article reads the Rules as amended up to the National Company Law Appellate Tribunal (Amendment) Rules, 2017 (G.S.R. 1061(E), 23 August 2017).
Rule 1: short title and commencement
Rule 1(1) allows the Rules to be called the National Company Law Appellate Tribunal Rules, 2016. Rule 1(2) says they come into force on the date of their publication in the Official Gazette. The notification is G.S.R. 717(E), issued in exercise of section 469 of the Act. Chapter I of the Rules is headed "Definitions, forms etc."
Only one later amendment is held for these Rules: G.S.R. 1061(E) of 23 August 2017, which substituted rule 63 (who may appear). Later amendments, if any, should be checked on the official gazette before you rely on this article. If a filing before the Appellate Tribunal depends on these definitions, a short legal consultation before drafting can save a returned appeal.
Rule 2: the definitions
| Clause | Term | What the Rules say it means |
|---|---|---|
| (a) | Act | the Companies Act, 2013 (18 of 2013) |
| (b) | advocate | a person entitled to practise the profession of law under the Advocates Act, 1961 |
| (c) | Appeal | an appeal preferred under sub-section (1) of section 421 of the Act |
| (d) | authorised representative | a person authorised in writing by a party to present his case before the Appellate Tribunal as provided under section 432 of the Act |
| (e) | form | a form set forth in Annexure "A" to the Rules |
| (f) | interlocutory application | an application in any appeal already instituted in the Appellate Tribunal, but not a proceeding for execution of the order or direction of the Appellate Tribunal |
| (g) | party | a person who prefers an appeal before the Appellate Tribunal, and includes a respondent of any person interested in the appeal |
| (h) | Registrar | the Registrar of the Appellate Tribunal |
| (i) | section | a section of the Act |
| (j) | other words | words not defined here but defined in the Act and the National Company Law Tribunal Rules, 2016 carry the meanings given there |
What "Appeal" covers
Because clause (c) points to section 421(1), the Rules are written for appeals from orders of the National Company Law Tribunal under the Companies Act. Appeals to the Appellate Tribunal under the Insolvency and Bankruptcy Code and under the Competition Act, 2002 are outside this definition. Those appeals are covered in our posts on appeals against IBC resolution plan orders and on Competition Act appeals under section 53B. The Rules themselves do not say how those appeals are run.
The period for filing an appeal sits in section 421(3) of the Act, not in these Rules. Our post on section 421 of the Companies Act, 2013 explains the right of appeal, and the post on sections 432 and 433 covers representation and limitation.
Authorised representative
Clause (d) ties the term to section 432: the person must be authorised in writing by the party. Rule 63, as substituted in 2017, then says which categories of person may appear. That rule is read in the article on rules 63 to 66.
Interlocutory application
Clause (f) matters in practice. An application for stay, directions, condonation of delay or extension of time inside a pending appeal is an interlocutory application, and rule 31 asks for Form NCLAT-2. An application to execute an order is not an interlocutory application under this definition. Rules 27 to 32 explain the procedure.
Party
Clause (g) is short: the person who files the appeal, plus a respondent of any person interested in the appeal. The Rules use "appellant", "petitioner", "applicant" and "respondent" side by side in many rules, and clause (g) is the only definition of who counts as a party.
Words borrowed from the Act and the NCLT Rules
Clause (j) means a reader may need two other texts for terms not defined here. For example, "Bench" and "Registry" are not defined in rule 2 itself; the Companies Act, 2013 and the National Company Law Tribunal Rules, 2016 supply their meanings. The NCLT definitions are in Rules 1 and 2 of the NCLT Rules and Rule 2(15)-(30).
Same as before the NCLT?
Mostly the same terms, with two visible differences. The NCLT Rules define "applicant", "application", "Bench", "Central Registry", "certified", "creditor", "fee", "filer" and more; the NCLAT Rules define only nine terms and borrow the rest through clause (j). The NCLAT definition of "party" is also shorter: it does not list the Registrar of Companies, the Regional Director or the Central Government by name, as the NCLT definition does.
A map of the sixteen Parts
| Part | Subject | Rules | Article |
|---|---|---|---|
| I (Chapter I) | Definitions, forms, sittings, time | 1-15 | this article, 002, 003 |
| II | Powers of the Registrar | 16-18 | 004 |
| III | Institution of appeals | 19-32 | 005 to 008 |
| IV | Cause list | 33-34 | 009 |
| V | Record of proceedings | 35-40 | 010 |
| VI | Registers | 41-47 | 011 |
| VII | Service and objections | 48-54 | 012 |
| VIII | Fee and costs | 55-56 and Schedule | 013 |
| IX | Inspection of record | 57-62 | 014 |
| X | Appearance | 63-66 | 015 |
| XI | Affidavits | 67-72 | 016 |
| XII | Documents | 73-76 | 017 |
| XIII | Witnesses and commissions | 77-87 | 018, 019 |
| XIV | Pronouncement of orders | 88-99 | 020, 021 |
| XV | Supreme Court orders | 100-102 | 022 |
| XVI | Miscellaneous | 103-104 | 022 |
Need help with an appeal before the NCLAT?
If you need to understand which Part of the Rules applies to a step in your appeal, or who should sign and file what, our team can walk you through it. See our legal consultation service to discuss your matter.
Key takeaways
- The Rules took effect on the date of publication of G.S.R. 717(E), 21 July 2016.
- "Appeal" means an appeal under section 421(1) of the Companies Act, 2013 only.
- An interlocutory application is an application in a pending appeal, not a proceeding to execute an order.
- Terms the Rules do not define come from the Act and the NCLT Rules, 2016.
- Rule 63 was substituted in 2017; the Rules otherwise stand as notified in 2016.
Read next
- Rules 3-7: computing time, forms, orders and the seal
- Rule 22: presenting an appeal in Form NCLAT-1
- Section 421: appeal to the NCLAT
- Sections 408-418: constitution of the NCLT and NCLAT
Disclaimer: Based on the National Company Law Appellate Tribunal Rules, 2016 (G.S.R. 717(E)) as amended up to the National Company Law Appellate Tribunal (Amendment) Rules, 2017 (G.S.R. 1061(E)), consulted on 3 October 2026. Later amendments, fees, forms, NCLAT practice directions and the Companies Act, 2013 provisions referred to should be checked. This article is general information, not legal advice; check the official text before acting.