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Section 108G – The Companies Act,1956

The Companies Act, 1956

108G. Applicability of the provisions of sections 108A to 108F.

1[108G. Applicability of the provisions of sections 108A to 108F.The provisions of sections 108A to 108F (both inclusive) shall apply to the acquisition or transfer of shares or share capital by or to, an individual firm, group, constituent of a group, body corporate or bodies corporate under the same management, who or which

(a)is, in case of acquisition of shares or share capital, the owner in relation to a dominant undertaking and there would be, as a result of such acquisition, any increase

(i)in the production, supply, distribution or control of any goods that are produced, supplied, distributed or controlled in India or any substantial part thereof by that dominant undertaking, or

(ii)in the provision or control of any services that are rendered in India or any substantial part thereof by that dominant undertaking; or

(b)would be, as a result of such acquisition or transfer of shares or share capital, the owner of a dominant undertaking; or

(c)is, in case of transfer of shares or share capital, the owner in relation to a dominant undertaking.]

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1. Section 108G ins. by Act 58 of 1991, sec. 28 (w.r.e.f. 27-9-1991). Earlier section 108G were inserted by Act 41 of 1974, sec. 12 (w.e.f. 1-2-1975) and were omitted by Act 30 of 1984, sec. 52 (w.e.f. 1-8-1984).

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The Companies Act, 1956

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