Companies Act, 2013 · Chapter XIV: Inspection, Inquiry And Investigation · In force
This section is for outlining the procedures and powers for conducting inspections and inquiries of companies, including the duties of company officials and the consequences of non-compliance.
What the section says
In plain terms
(1)Where a Registrar or inspector calls for the books of account and other books and papers under
section 206, it shall be the duty of every director, officer or other employee of the company to produce all such documents to the Registrar or inspector and furnish him with such statements, information or explanations in such form as the Registrar or inspector may require and shall render all assistance to the Registrar or inspector in connection with such inspection.
Every director, officer, or employee of the company must produce documents and provide information to the Registrar or inspector and assist them with the inspection.
(2)The Registrar or inspector, making an inspection or inquiry under
section 206 may, during the course of such inspection or inquiry, as the case may be,—
The Registrar or inspector can make copies of books and papers or place marks of identification in them during the inspection.
(2)(a)make or cause to be made copies of books of account and other books and papers; or
(2)(b)place or cause to be placed any marks of identification in such books in token of the inspection having been made.
(3)Notwithstanding anything contained in any other law for the time being in force or in any contract to the contrary, the Registrar or inspector making an inspection or inquiry shall have all the powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely:—
The Registrar or inspector has the same powers as a civil court to discover and produce documents, summon and examine people, and inspect books and documents.
(3)(a)the discovery and production of books of account and other documents, at such place and time as may be specified by such Registrar or inspector making the inspection or inquiry;
(3)(b)summoning and enforcing the attendance of persons and examining them on oath; and (c) inspection of any books, registers and other documents of the company at any place.
(4)(i) If any director or officer of the company disobeys the direction issued by the Registrar or the inspector under this section, the director or the officer shall be punishable with imprisonment which may extend to one year and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees.
A director or officer who disobeys the Registrar's or inspector's direction can be imprisoned for up to 1 year and fined between 25,000 rupees and 1 lakh rupees, and will also be disqualified from holding office in any company after conviction.
(4)(ii)If a director or an officer of the company has been convicted of an offence under this section, the director or the officer shall, on and from the date on which he is so convicted, be deemed to have vacated his office as such and on such vacation of office, shall be disqualified from holding an office in any company.
The right-hand column is written from the section text, not quoted from it, and it has no legal force. Where the two differ, the left-hand column is the law.
Reproduced from the official India Code print for reference. Check the current text on India Code before you rely on it, and read the section alongside its Rules. Nothing here is legal advice.