Cos 247 — Valuation by registered valuers

Companies Act, 2013

Statutory text

(1) Where a valuation is required to be made in respect of any property,  stocks,  shares,  debentures,  securities  or  goodwill  or  any  other  assets  (herein  referred  to  as  the assets) or net worth of a company or its liabilities under the provision of this Act, it shall be valued by

[a person  having  such  qualifications  and  experience,  registered  as  a  valuer  and  being  a  member  of  an organisation recognised, in such manner, on such terms and conditions as may be prescribed] and appointed by the audit committee or in its absence by the Board of Directors of that company.
(2) The valuer appointed under sub-section (1) shall,—
(a) make an impartial, true and fair valuation of any assets which may be required to be valued;
(b) exercise due diligence while performing the functions as valuer;
(c) make the valuation in accordance with such rules as may be prescribed; and (d) not undertake valuation of any assets in which he has a direct or indirect interest or becomes so interested at any time

[during a period of three years prior to his appointments as valuer or three years after the valuation of assets was conducted by him].
(3) If a valuer contravenes the provisions of this section or the rules made thereunder, the valuer shall be

[liable to a penalty of fifty thousand rupees]:
Provided that if the valuer has contravened such provisions with the intention to defraud the company or its members, he shall be punishable with imprisonment for a term which  may extend to one year and with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees.
(4) Where a valuer has been convicted under sub-section (3), he shall be liable to—
(i) refund the remuneration received by him to the company; and (ii)  pay  for  damages  to  the  company  or  to  any  other  person  for  loss  arising  out  of  incorrect  or misleading statements of particulars made in his report.

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