Powers to be exercised by National Company Law Tribunal
Section Number |
Description |
58A(9) |
Ordering repayment of public deposits and payment of interest |
58AA(1) and (3) |
Intimation to Tribunal in case of default in repayment of deposits from small depositors. Tribunal will pass appropriate orders |
79(3) |
Issue of shares at discount by sick industrial company under revival (in other cases, sanction will be by Central Government) |
80A(1) |
Redemption of irredeemable preference shares issued prior to 15-6-1988 |
100 to 104 |
Approval of reduction of share capital |
107 |
Variation of rights of shareholders, if dissenting shareholders object |
111 |
Refusal of registration of transfer and rectification of Register, in case of a private company |
111A |
Refusal of registration of transfer and Rectification of Register, in case of a Public Company |
117B(4) |
Petition by Debenture Trustee to impose restrictions on company on incurring further liabilities, in case of sick industrial company under revival. In other cases, application will be made to Central Government. |
117C(4) |
Directing company to redeem debentures on maturity and pay principal and interest |
167 |
Power to call Annual General Meeting, if default is made in holding AGM, in case of sick company under revival. In other cases, the power will be exercised by Central Government |
186(1) |
Power to order general meeting to be called (other than Annual General Meeting) |
203 |
Power to restrain fraudulent persons from managing companies |
235(2) |
Declaring that affairs of the company ought to be investigated. Then, Central Government must appoint inspectors to investigate |
237 |
Central Government may order inspection if Tribunal is of the opinion that circumstances suggest that inspection is necessary |
243 |
Petition by Central Government to Tribunal for winding up or application for oppression/mismanagement, after inspection is carried out |
247(1A) |
Ordering appointment of inspectors for investigating ownership of company |
250 |
Imposing restrictions on issue/transfer of shares if company is under investigation |
269(7) |
Decision whether appointment of managing or whole-time director is in contravention of statutory provisions contained in Schedule XIII |
304(2)(b) |
Compelling inspection of Register of Directors to persons entitled, if company refuses [Powers concurrently with Central Government] |
307(9) |
Compelling inspection of Register of Directors’ Shareholding to persons entitled, if company refuses [Powers concurrently with Central Government] |
388B to 388E |
Recommending Removal of Managerial Person from office |
391 and 392 |
Power to approve compromise or arrangement and its enforcement |
394, 394A |
Reconstruction and amalgamation of companies |
395 |
Compelling acquisition of shares of shareholders dissenting from scheme or contract approved by over 90% shareholders |
396(3A) |
Appeal against order of compensation, if Central Government orders compulsory amalgamation of companies in national interest |
397 |
Application for relief in case of oppression |
398 |
Application for relief in case of mismanagement |
408 |
Ordering appointment of directors by Central Government in case of oppression and mismanagement |
409 |
Ordering prevention of change in Board of company |
424 |
Appointment of receivers/managers in pursuance of an instrument |
424A to 424L |
Revival and Rehabilitation of a sick company |
425 to 560 |
Winding up of companies |
582 to 589 |
Winding up of unregistered companies |
610(2) |
Compelling production of documents kept by Registrar (ROC) |
614 |
Enforcement of duty of company to make return to ROC |
632 |
Power to require limited company to give security for costs of legal proceedings |
637A |
Power to impose conditions and levy fees while according approval, etc., under the Act |
- |
Winding up of Insurance Companies transferred to Tribunal under Insurance Act. |
Note - Prior to the Companies (Second Amendment) Act, 2002, powers in respect of reduction of capital, amalgamation/reconstruction and winding up were with High Court; powers in respect of revival and rehabilitation of sick industrial company were with BIFR under SICA and other powers were with Company Law Board [CLB]. These powers are now transferred to National Company Law Tribunal (NCLT).