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 when they took effect. Rule 2 defines thirty terms; this article covers clauses (1) to (14) and maps the twenty Parts that follow. The rest of rule 2, from "interlocutory application" to "transferred petition", is in a companion article.
The National Company Law Tribunal Rules, 2016 were made under section 469 of the Companies Act, 2013 by G.S.R. 716(E) dated 21 July 2016 and came into force on publication in the Official Gazette. Rule 2 defines terms such as "applicant", "authorised representative", "Bench", "certified" and "filer". Two parts of rule 2 were amended by G.S.R. 1159(E) of 20 December 2016: the words "interlocutory application" were omitted from clause (5), and clause (9)(d) now speaks of a chartered accountant, cost accountant or company secretary "in practice". This article reads the Rules as amended up to the National Company Law Tribunal (Amendment) Rules, 2020 (G.S.R. 80(E), 3 February 2020).
Rule 1: short title and commencement
Rule 1(1) allows the Rules to be called the National Company Law 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. 716(E) of 21 July 2016, issued under section 469 of the Act. Part I is headed "Definitions and forms etc." as substituted by G.S.R. 1159(E).
Five amendment notifications are held for these Rules, from 2016 to 2020; later amendments, if any, should be checked on the official gazette before relying on this article. If you want these definitions applied to a filing, a short legal consultation before drafting is sensible.
Rule 2(1) to (14): the definitions
| Clause | Term | Meaning in the Rules |
|---|---|---|
| (1) | Act | the Companies Act, 2013 (18 of 2013) |
| (2) | address for service | the address furnished by a party or authorised representative at which summons, notices or other processes may be served |
| (3) | advocate | a person entitled to practise under the Advocates Act, 1961 |
| (4) | applicant | a petitioner, appellant or any other person or entity capable of making an application, including an interlocutory application, a petition or an appeal under the Act |
| (5) | application | any application or proceedings filed under the Act, including a transferred application or transferred petition as defined in clause (29); the words "interlocutory application" were omitted in 2016 |
| (6) | authorised representative | a person authorised in writing by a party to present the case as its representative, as provided in section 432 |
| (7) | Bench | a Bench constituted under section 419 of the Act, including Circuit Benches constituted by the President with the Central Government's prior approval |
| (8) | Central Registry | the registry in which all applications, petitions and documents are received by the Registrar for allocation to the concerned Bench |
| (9) | certified | in relation to a copy of a document, see below |
| (10) | certified by Tribunal | a true copy issued by the Registry or a Bench under its hand and seal, as provided in section 76 of the Indian Evidence Act, 1872 |
| (11) | creditor | any person to whom a debt is owed |
| (12) | fee | the amount payable under the Act and the Rules for any petition, application, interlocutory application, document or certified copy, as specified in the Schedule of Fees, including modifications and any fee for filing documents |
| (13) | filer | an authorised representative or any party who files a document with the Tribunal in relation to a case under the Act or any rules under it |
| (14) | filed | filed in the office of the Registry of the Tribunal |
Authorised representative and Bench
Clause (6) ties the representative to section 432; our post on sections 432 and 433 covers representation. Clause (7) ties the Bench to section 419; see section 419 on Benches of the NCLT and sections 408 to 418 on the constitution of the NCLT and NCLAT.
Clause (9): "certified"
A copy is "certified" if it is:
- (a) certified as provided in section 76 of the Indian Evidence Act, 1872;
- (b) certified as provided in section 6 of the Information Technology Act, 2000;
- (c) a certified copy issued by the Registrar of Companies under the Act; or
- (d) a copy downloaded from an online portal prescribed under section 398 of the Act, or a photocopy of the original relating to a company registered with the office of the Registrar of Companies of the concerned State, duly certified by a legal practitioner or a chartered accountant in practice or a cost accountant in practice or a company secretary in practice.
The words "in practice" in clause (d) came in by G.S.R. 1159(E) of 20 December 2016; the 2016 wording without them is not the rule today. The Indian Evidence Act, 1872 has since been replaced; check the corresponding provision in the current law before relying on the reference.
Clause (12): "fee"
The Rules point to the Schedule of Fees for amounts. The Schedule, as amended, is read in the article on rule 112 and the Schedule of Fees.
Same as before the NCLAT?
The NCLAT Rules define only nine terms and take the rest from the Act and these Rules. See Rules 1 and 2 of the NCLAT Rules.
A map of the twenty Parts
| Part | Subject | Rules | Article |
|---|---|---|---|
| I | Definitions and forms etc. | 1-15 | this article, 002, 003, 004, 005 |
| II | Functions of President, Registrar and Secretary | 16-19 | 006 |
| III | Institution of proceedings | 20-33 | 007 to 011 |
| IV | General procedure | 34-58 | 012 to 023 |
| V | Issuance of orders and disposal | 59-62 | 024, 025 |
| VI | Other procedures | 63 | 010 |
| VII | Matters from other bodies | 64-65 | 026 |
| VIII | Special procedure | 66-88 | 027 to 040 |
| IX | Cause list | 89-90 | 041 |
| X | Record of proceedings | 91-96 | 042 |
| XI | Registers | 97-104 | 043 |
| XII | Service and objections | 105-111 | 044 |
| XIII | Fee and costs | 112-113 | 045 |
| XIV | Inspection | 114-118 | 046 |
| XV | Appearance | 119-124 | 019 |
| XVI | Affidavits | 125-130 | 047 |
| XVII | Documents | 131-134 | 048 |
| XVIII | Witnesses and commissions | 135-145 | 020, 021 |
| XIX | Disposal and pronouncement | 146-162 | 049 to 051 |
| XX | NCLAT orders | 163-165 | 052 |
Annexure A (forms) is in 053 and Annexure B (documents to attach) in 054 and 055.
An example
Brightwater Foods Private Limited wants to file a copy of its incorporation certificate downloaded from the MCA portal. Under rule 2(9)(d) the downloaded copy is "certified" if duly certified by a legal practitioner or a chartered accountant, cost accountant or company secretary in practice. A copy certified by a professional who is not in practice does not fit the clause as amended.
Need help with a filing before the NCLT?
If you need to know which Part of the Rules governs your application, or how documents must be certified, our legal consultation team can walk you through it.
Key takeaways
- The Rules took effect on publication of G.S.R. 716(E), 21 July 2016.
- Rule 2 defines terms such as applicant, authorised representative, Bench, certified, filer and filed.
- "Certified" has four routes; sub-clause (d) now requires the professional to be "in practice" (G.S.R. 1159(E)).
- The Rules have twenty Parts; Annexure A holds the forms and Annexure B the documents to attach.
- The Evidence Act reference is old; check the current law.
Read next
- Rule 2(15)-(30): interlocutory application, party, petition and more
- Rules 3-7: computing time, forms, orders and the seal
- Section 419: Benches of the NCLT
- Rules 1-2 of the NCLAT Rules
Disclaimer: Based on the National Company Law Tribunal Rules, 2016 (G.S.R. 716(E)) as amended up to the National Company Law Tribunal (Amendment) Rules, 2020 (G.S.R. 80(E)), consulted on 3 October 2026. Later amendments, fees, forms, NCLT 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.