Section 459: Powers of Central Government of Tribunal to accord approval, etc., subject to conditions and to prescribe fees on applications
This section allows the Central Government or the Tribunal to impose conditions and prescribe fees when giving approvals, directions, or exemptions under the Act.
The section, clause by clause
What the section says
In plain terms
(1)Where the Central Government or the Tribunal is required or authorised by any provision of this Act—
The Central Government or the Tribunal can give approval or direction, or grant exemptions, with conditions, limitations, or restrictions, and can rescind or withdraw these if the conditions are not met.
(1)(a)to accord approval, sanction, consent, confirmation or recognition to, or in relation to, any matter; or
(1)(b)to give any direction in relation to any matter; or
(1)(c)to grant any exemption in relation to any matter, then, the Central Government or the Tribunal may in the absence of anything to the contrary contained in that provision or any other provision of this Act, accord, give or grant such approval, sanction, consent, confirmation, recognition, direction or exemption, subject to such conditions, limitations or restrictions as it may think fit to impose and may, in the case of a contravention of any such condition, limitation or restriction, rescind or withdraw such approval, sanction, consent, confirmation, recognition, direction or exemption.
(2)Save as otherwise provided in this Act, every application which may be, or is required to be, made to the Central Government or the Tribunal under any provision of this Act—
Every application to the Central Government or the Tribunal must be accompanied by a prescribed fee, which may vary depending on the matter or the type of company making the application.
(2)(a)in respect of any approval, sanction, consent, confirmation or recognition to be accorded by that Government or the Tribunal to, or in relation to, any matter; or (b) in respect of any direction or exemption to be given or granted by that Government or the Tribunal in relation to any matter; or
(2)(c)in respect of any other matter, shall be accompanied by such fees as may be prescribed:
provisoProvided that different fees may be prescribed for applications in respect of different matters or in case of applications by different classes of companies.
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.
Amendment notes
- 1. The proviso omitted by Act 1 of 2018, s. 93 (w.e.f. 9-2-2018).
- 1. Subs. by Act 21 of 2015, s. 23, for sub-section (2) (w.e.f. 29-5-2015).
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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.