Companies Act, 2013

Non-disclosure of information in certain cases

457. Non-disclosure of information in certain cases.— Notwithstanding anything contained in any other law for the time being in force, the Registrar, any officer of the Government or any other person shall not be compelled to disclose to any court, Tribunal or other authority, the source from where he got any information which— (a) has […]

Delegation by Central Government of its powers and functions

458. Delegation by Central Government of its powers and functions.— (1) The Central Government may, by notification, and subject to such conditions, limitations and restrictions as may be specified therein, delegate any of its powers or functions under this Act other than the power to make rules to such authority or officer as may be

Transitional provisions

440. Transitional provisions.— Any offence committed under this Act, which is triable by a Special Court shall, until a Special Court is established, be tried by a Court of Session exercising jurisdiction over the area, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974): Provided that nothing contained in this section

Punishment for fraud

447. Punishment for fraud.— Without prejudice to any liability including repayment of any debt under this Act or any other law for the time being in force, any person who is found to be guilty of fraud, shall be punishable with imprisonment for a term which shall not be less than six months but which

Punishment for false statement

448. Punishment for false statement.— Save as otherwise provided in this Act, if in any return, report, certificate, financial statement, prospectus, statement or other document required by, or for, the purposes of any of the provisions of this Act or the rules made thereunder, any person makes a statement,— (a) which is false in any

Punishment for false evidence

449. Punishment for false evidence.— Save as otherwise provided in this Act, if any person intentionally gives false evidence— (a) upon any examination on oath or solemn affirmation, authorised under this Act; or (b) in any affidavit, deposition or solemn affirmation, in or about the winding up of any company under this Act, or otherwise

Punishment where no specific penalty or punishment is provided

450. Punishment where no specific penalty or punishment is provided.— If a company or any officer of a company or any other person contravenes any of the provisions of this Act or the rules made thereunder, or any condition, limitation or restriction subject to which any approval, sanction, consent, confirmation, recognition, direction or exemption in

Punishment in case of repeated default

451. Punishment in case of repeated default.— If a company or an officer of a company commits an offence punishable either with fine or with imprisonment and where the same offence is committed for the second or subsequent occasions within a period of three years, then, that company and every officer thereof who is in

Punishment for wrongful withholding of property

452. Punishment for wrongful withholding of property.— (1) If any officer or employee of a company— (a) wrongfully obtains possession of any property, including cash of the company; or (b) having any such property including cash in his possession, wrongfully withholds it or knowingly applies it for the purposes other than those expressed or directed

Vacancy in Tribunal or Appellate Tribunal not to invalidate acts or proceedings

431. Vacancy in Tribunal or Appellate Tribunal not to invalidate acts or proceedings.— No act or proceeding of the Tribunal or the Appellate Tribunal shall be questioned or shall be invalid merely on the ground of the existence of any vacancy or defect in the constitution of the Tribunal or the Appellate Tribunal, as the

Right to legal representation

432. Right to legal representation.— A party to any proceeding or appeal before the Tribunal or the Appellate Tribunal, as the case may be, may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any other person to present his case before the

Limitation

433. Limitation.— The provisions of the Limitation Act, 1963 (36 of 1963) shall, as far as may be, apply to proceedings or appeals before the Tribunal or the Appellate Tribunal, as the case may be.

Transfer of certain pending proceedings

434. Transfer of certain pending proceedings.— (1) On such date as may be notified by the Central Government in this behalf,— (a) all matters, proceedings or cases pending before the Board of Company Law Administration (herein in this section referred to as the Company Law Board) constituted under sub-section (1) of section 10E of the

Establishment of Special Courts

435. Establishment of Special Courts.— (1) The Central Government may, for the purpose of providing speedy 1[trial of offences punishable under this Act with imprisonment of two years or more], by notification, establish or designate as many Special Courts as may be necessary: [Provided that all other offences shall be tried, as the case may

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