NCLT Rule 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.
Five short rules lay the ground for every proceeding before the Tribunal. Rule 3 says how any period is counted, rule 4 says which forms to use and what to do where none is prescribed, rule 5 fixes how orders and processes are issued, rule 6 deals with the seal, and rule 7 puts the records in the Registrar's custody.
In counting any period, the day from which it runs is excluded, and if the last day falls when the Tribunal's office is closed, that day and any succeeding closed days are also excluded. The forms in Annexure A are used with such changes as each case needs, and where no form is prescribed, a form approved by the Registrar is used. Every order, summons and warrant is issued in the name of the President, signed by the Registrar or an authorised officer, with day, month and year, and sealed. Records do not leave the Tribunal's custody without leave. These Rules are read as amended up to the National Company Law Tribunal (Amendment) Rules, 2020 (G.S.R. 80(E), 3 February 2020); none of the five rules was changed by the amendments held.
Rule 3: computation of time period
Rule 3 applies where a period is prescribed by the Act, by the Rules or under any other law, or is fixed by the Tribunal for doing any act. In computing it:
- the day from which the period is reckoned is excluded; and
- if the last day expires on a day when the office of the Tribunal is closed, that day and any succeeding days on which the Tribunal remains closed are also excluded.
A worked example
Cedar Hills Developers Private Limited is directed by the Tribunal to take a step within seven days from 3 March. The day from which the period is reckoned, 3 March, is excluded; the first day counted is 4 March and the seventh is 10 March. If 10 March is a day the office is closed, that day and any closed days after it are excluded, so the last day is the first day the office is open. The dates are invented; the method is the rule's own.
Rule 3 matters for the periods the Rules print, such as the seven days to cure defects in rule 28(2), the ninety days of a caveat in rule 25(2), and the thirty days to apply for restoration in rule 48. Those are covered in the article on scrutiny of defects and the article on caveats. The limitation periods in the Act are not in these Rules; see our post on sections 432 and 433. If a deadline in your matter turns on this rule, a legal consultation before the last week is sensible.
Rule 4: forms
The forms annexed as Annexure A are used, with such modifications or variations as the circumstances of each case may require, for the purpose mentioned in them. Where no form is prescribed to cover a contingency, a form approved by the Registrar is used. The forms are mapped in the article on Annexure A.
Rule 5: format of order or direction or rule
Every rule, direction, order, summons, warrant or other mandatory process is:
- issued in the name of the President;
- signed by the Registrar or any other officer specially authorised by the President, with the day, month and year of signing; and
- sealed with the seal of the Tribunal.
Rule 6: official seal of the Tribunal
The official seal and emblem are such as the Central Government may from time to time specify, and are kept in the custody of the Registrar. The Rules do not describe the design.
Rule 7: custody of the records
The Registrar has custody of the Tribunal's records. No record or document filed in any cause or matter may be taken out of the Tribunal's custody without its leave. A proviso lets the Registrar allow another officer to remove an official paper or record for administrative purposes.
Inspection of records is a separate, regulated step; see Rules 114 to 118 on inspection.
The five rules at a glance
| Rule | Subject | What to remember |
|---|---|---|
| 3 | Computing time | First day excluded; closed days at the end excluded |
| 4 | Forms | Annexure A forms with needed changes; Registrar-approved form where none prescribed |
| 5 | Orders and processes | President's name; Registrar's or authorised officer's signature with full date; seal |
| 6 | Seal | Specified by the Central Government; custody of the Registrar |
| 7 | Records | Registrar's custody; leave of the Tribunal to remove |
Same as before the NCLAT?
Rules 3, 6 and 7 are the same. Rule 4 differs: the NCLAT rule has no Registrar-approved form fallback. Rule 5 uses "Chairperson" and "official seal" at the NCLAT where the NCLT uses "President" and "seal of the Tribunal". See Rules 3 to 7 of the NCLAT Rules.
What a practitioner checks
- The start date of every period, and whether the closed days at its end are excluded.
- That the form used is in Annexure A, or that a Registrar-approved form is available where none is.
- That any process received carries the President's name, an authorised signature with date, and the seal.
- That originals filed with the Tribunal are not expected back without leave.
Need help counting a period correctly?
Many filings fail on timing. If you are preparing a petition or application and want the periods in the Act and the Rules read together for your facts, see our legal consultation service.
Key takeaways
- Rule 3 leaves out the first day and closed days at the end of a period.
- Rule 4 uses Annexure A forms with changes; the Registrar may approve a form where none is prescribed.
- Orders and processes bear the President's name, an authorised signature with date, and the seal (rule 5).
- The seal is specified by the Central Government and kept by the Registrar (rule 6).
- No record leaves the Tribunal's custody without leave (rule 7).
Read next
- Rules 1-2: commencement and definitions
- Rules 14, 15, 58 and 153: exemption and extension of time
- Annexure A: forms NCLT-1 to NCLT-18
- Section 424: procedure before the NCLT
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.
