Lok Sabha Question No. 784 (UNSTARRED), answered on 2022-12-12
Subject: Shortage of Manpower in NCLT
Ministry: CORPORATE AFFAIRS
Asked by: Manish Tewari

## GOVERNMENT OF INDIA

## MINISTRY OF CORPORATE AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO. 784

ANSWERED ON MONDAY, DECEMBER 12, 2022/

AGRAHAYANA 21, 1944 (SAKA)

## SHORTAGE OF MANPOWER IN NCLT QUESTION

## 784. SHRI MANISH TEWARI:

Will the Minister of CORPORATE AFFAIRS be pleased to state:

- (a) whether the Government is aware of shortage of manpower in National Company Law Tribunal (NCLT);
- (b) if so, the details of number of vacancies against the sanctioned strength of members, bench-wise;
- (c) the steps the Government has taken to ensure that the vacant seats are filled and the proposed timeline of the same;
- (d) the details of the average time taken for resolution under the Insolvency and Bankruptcy Code (IBC) in the last six years, that is, between January 01, 2017 to November 30, 2022, year-wise; and
- (e)  whether  the  average  time  taken  for  resolution  is  greater  than  the stipulated time frame of 330 days under the IBC and if so, the details thereof including the reasons and consequences of such delay?

## ANSWER

MINISTER  OF  STATE  (INDEPENDENT  CHARGE)  OF  THE  MINISTRY  OF STATISTICS  AND  PROGRAMME  IMPLEMENTATION;  MINISTER  OF  STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF PLANNING; AND MINISTER OF STATE IN THE MINISTRY OF CORPORATE AFFAIRS

(RAO INDERJIT SINGH)

(a),  (b)  and  (c):  Filling  up  of  vacancies  is  a  continuous  process  and  the vacancies of Members are filled from time to time. At present, 01 President and 37 Members (18 Judicial and 19 Technical) are in position against the sanctioned strength of 01 President and 62 Members (31 Judicial and 31 Technical). 20 Members were appointed in 2021. 15 candidates have been approved for appointment as Member in 2022, out of which 10 have already joined NCLT. For other vacancies also, the process has been initiated.

(d): As per information provided by the Insolvency and Bankruptcy Board of India, as on September 30, 2022, the year wise data of cases resolved and average  time  taken  for  resolution  under  the  Insolvency  and  Bankruptcy Code (Code) since its inception is as under:

| Year                            |   No. of cases resolved |   Average time taken (days) |
|---------------------------------|-------------------------|-----------------------------|
| 2017-18                         |                      19 |                         230 |
| 2018-19                         |                      78 |                         326 |
| 2019-20                         |                     136 |                         422 |
| 2020-21                         |                     120 |                         468 |
| 2021-22                         |                     143 |                         560 |
| 2022-23 (up to September, 2022) |                      57 |                         679 |
| Total                           |                     553 |                         473 |

(e): The higher time taken for resolution is mainly on account of associated litigation as with time, average number of interlocutory applications has increased, which is considered to impact realizable value of assets.

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