What is Power of inspector to conduct investigation into affairs of related companies, etc Seizure of documents by inspector? Section 219 and 220 of Indian Companies Act 2013
Power of inspector to conduct investigation into affairs of related companies, etc and Seizure of documents by inspector is defined under Section 219 and 220 of Indian Companies Act 2013. Provisions under these Sections are:
Section 219 of Indian Companies Act 2013 "Power of inspector to conduct investigation into affairs of related companies, etc"
If an inspector appointed under section 210 or section 212 or section 213 to investigate into the affairs of a company considers it necessary for the purposes of the investigation, to investigate also the affairs of -
(a) any other body corporate which is, or has at any relevant time been the company’s subsidiary company or holding company, or a subsidiary company of its holding company;
(b) any other body corporate which is, or has at any relevant time been managed by any person as managing director or as manager, who is, or was, at the relevant time, the managing director or the manager of the company;
(c) any other body corporate whose Board of Directors comprises nominees of the company or is accustomed to act in accordance with the directions or instructions of the company or any of its directors; or
(d) any person who is or has at any relevant time been the company’s managing director or manager or employee,
he shall, subject to the prior approval of the Central
Government, investigate into and report on the affairs of
the other body corporate or of the managing director or
manager, in so far as he considers that the results of his
investigation are relevant to the investigation of the
affairs of the company for which he is appointed.
Section 220 of Indian Companies Act 2013 "Seizure of documents by inspector"
(1) Where in the course of an investigation under this Chapter, the inspector has reasonable grounds to believe that the books and papers of, or relating to, any company or other body corporate or managing director or manager of such company are likely to be destroyed, mutilated, altered, falsified or secreted, the inspector may -
(a) enter, with such assistance as may be required, the place or places where such books and papers are kept in such manner as may be required; and
(b) seize books and papers as he considers necessary after allowing the company to take copies of, or extracts from, such books and papers at its cost for the purposes of his investigation.
(2) The inspector shall keep in his custody the books and papers seized under this section for such a period not later than the conclusion of the investigation as he considers necessary and thereafter shall return the same to the company or the other body corporate, or, as the case may be, to the managing director or the manager or any other person from whose custody or power they were seized:
Provided that the inspector may, before returning such books and papers as aforesaid, take copies of, or extracts from them or place identification marks on them or any part thereof or deal with the same in such manner as he considers necessary.
(3) The provisions of the Code of Criminal Procedure, 1973, relating to searches or seizures shall apply mutatis mutandis to every search or seizure made under this section.
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