Cos 206 — Power to call for information, inspect books and conduct inquiries

Companies Act, 2013

Statutory text

(1) Where on a scrutiny of any document filed by a company or on any information received by him, the Registrar is of the opinion that any further information or explanation or any further documents relating to the company is necessary, he may by a written notice require the company—
(a) to furnish in writing such information or explanation; or (b) to produce such documents, within such reasonable time, as may be specified in the notice.
(2) On the receipt of a notice under sub-section (1), it shall be the duty of the company and of its officers concerned  to  furnish  such  information  or  explanation  to  the  best  of  their  knowledge  and  power  and  to produce the documents to the Registrar within the time specified or extended by the Registrar:
Provided that where such information or explanation relates to any past period, the officers who had been in the employment of the company for such period, if so called upon by the Registrar through a notice served on them in writing, shall also furnish such information or explanation to the best of their knowledge.

(3) If no information or explanation is furnished to the Registrar within the time specified under sub-section  (1)  or  if  the  Registrar  on  an  examination  of  the  documents  furnished  is  of  the  opinion  that  the information  or  explanation  furnished  is  in  adequate  or  if  the  Registrar  is  satisfied  on  a  scrutiny  of  the documents furnished that an unsatisfactory state of affairs exists in the company and does not disclose a full and fair statement of the information required, he may, by another written notice, call on the company to  produce  for  his  inspection  such  further  books  of  account,  books,  papers  and  explanations  as  he  may require at such place and at such time as he may specify in the notice:
Provided that before any notice is served under this sub-section, the Registrar shall record his reasons in writing for issuing such notice.
(4) If the Registrar is satisfied on the basis of information available with or furnished to him or on a representation made to him by any person that the business of a company is being carried on for a fraudulent or unlawful purpose or not in compliance with the provisions of this Act or if the grievances of investors are not being addressed, the Registrar may, after informing the company of the allegations made against it by  a  written  order,  call  on the  company  to  furnish  in writing  any  information  or  explanation  on  matters specified in the order within such time as he may specify therein and carry out such inquiry as he deems fit after providing the company a reasonable opportunity of being heard:
Provided that the Central Government may, if it is satisfied that the circumstances so warrant, direct the Registrar or an inspector appointed by it for the purpose to carry out the inquiry under this sub-section:
Provided further that where business of a company has been or is being carried on for a fraudulent or unlawful purpose, every officer of the company who is in default shall be punishable for fraud in the manner as provided in section 447.
(5) Without prejudice to the foregoing provisions of this section, the Central Government may, if it is satisfied  that  the  circumstances  so  warrant,  direct  inspection  of  books  and  papers  of a  company  by  an inspector appointed by it for the purpose.
(6)  The  Central  Government  may,  having  regard  to  the  circumstances  by  general  or  special  order, authorise any statutory authority to carry out the inspection of books of account of a company or class of companies.
(7)  If  a  company  fails  to  furnish  any  information  or  explanation  or  produce  any  document  required under this section, the company and every officer of the company, who is in default shall be punishable with a fine which may extend to one lakh rupees and in the case of a continuing failure, with an additional fine which may extend to five hundred rupees for everyday after the first during which the failure continues.

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