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Section 10E – The Companies Act,1956

The Companies Act, 1956

10E. Constitution of Board of Company Law Administration.

1[10E. Constitution of Board of Company Law Administration.

2[(1) As soon as may be after the commencement of the Companies (Amendment) Act, 1988, the Central Government shall by notification in the Official Gazette, constitute a Board to be called the Board of Company Law Administration.

(1A) The Company Law Board shall exercise and discharge such powers and functions as may be 3[conferred on it before the commencement of the Companies (Second Amendment) Act, 2002,] by or under this Act or any other law, and shall also exercise and discharge such other powers and functions of the Central Government under this Act or any other law as may be 2[conferred on it before the commencement of the Companies (Second Amendment) Act, 2002] by the Central Government by notification in the Official Gazette under the provisions of this Act or that other law.]

(2) The Company Law Board shall consist of such number of members, not exceeding 4[nine] as the Central Government deems fit, to be appointed by that Government by notification in the Official Gazette:

5[Provided that the Central Government may, by notification in the Official Gazette, continue the appointment of the chairman or any other member of the Company Law Board functioning as such immediately before the commencement of the Companies (Amendment) Act, 1988, as the chairman or any other member of the Company Law Board, after such commencement for such period not exceeding three years as may be specified in the notification.]

5[(2A) The members of the Company Law Board shall possess such qualifications and experience as may be prescribed.]

(3) One of the members shall be appointed by the Central Government to be the chairman of the Company Law Board.

(4) No act done by the Company Law Board shall be called in question on the ground only of any defect in the constitution of, or the existence of any vacancy in, the Company Law Board.

6[***]

7[(4B) 8[The Board] may, by order in writing, form one or more Benches from among its members and authorise each such Bench to exercise and discharge such of the Board’s powers and functions as may be specified in the order; and every order made or act done by a Bench in exercise of such powers or discharge of such functions shall be deemed to be the order or act, as the case may be, of the Board.]

7[(4C) Every Bench referred to in sub-section (4B) shall have powers which are vested in a Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:

(a)discovery and inspection of documents or other material objects producible as evidence;

(b)enforcing the attendance of witnesses and requiring the deposit of their expenses;

(c)compelling the production of documents or other material objects producible as evidence and impounding the same;

(d)examining witnesses on oath;

(e)granting adjournments;

(f)reception of evidence on affidavits.

7[(4D) Every Bench shall be deemed to be a Civil Court for the purposes of section 195 and 9[Chapter XXVI of the Code of Criminal Procedure, 1973 (1 of 1974)] and every proceeding before the Bench shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and for the purpose of section 196 of that Code.]

10[(5) Without prejudice to the provisions of sub-sections (4C) and (4D), the Company Law Board shall in the exercise of its powers and the discharge of its functions under this Act or any other law be guided by the principles of natural justice and shall act in its discretion.

(6) Subject to the foregoing provisions of this section, the Company Law Board, shall have power to regulate its own procedure.]]

comments

Constitution of the Company Law Board in 1963 and later on its abolition in 1967 is not ground to assail the provision constituting the Board again; Satish Chandra v. Union of India, AIR 1995 SC 138.

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1. Part IA [containing section 10(E)] ins. by Act 53 of 1963, sec. 4 (w.e.f. 1-1-1964).

2. Subs. by Act 31 of 1988, sec. 4, for sub-section (1) (w.e.f. 31-5-1991).

3. Subs. by Act 11 of 2003, sec. 3, for “conferred on it”.

4. Subs. by Act 41 of 1974, sec. 4, for “five” (w.e.f. 1-2-1975).

5. Ins. by Act 31 of 1988, sec. 4 (w.e.f. 4-8-1989).

6. Sub-section (4A) omitted by Act 31 of 1988, sec. 4 (w.e.f. 31-5-1991). Earlier sub-section (4A) was inserted by Act 31 of 1965, sec. 4 (w.e.f. 15-10-1965).

7. Ins. by Act 41 of 1974, sec. 4 (w.e.f. 1-2-1975).

8. Subs. by Act 31 of 1988, sec. 4, for certain words (w.e.f. 31-5-1991).

9. Subs. by Act 46 of 1977, sec. 2, for “Chapter XXXV of the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 24-12-1997).

10. Subs. by Act 31 of 1988, sec. 4, for sub-sections (5) and (6) (w.e.f. 31-5-1991).

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