Section 209 — Search and seizure
(1) Where, upon information in his possession or otherwise, the Registrar
or inspector has reasonable ground to believe that the books and papers of a company, or relating to the key
managerial personnel or any director or auditor or company secretary in practice if the company has not
appointed a company secretary, are likely to be destroyed, mutilated, altered, falsified or secreted, he may,
after obtaining an order from the Special Court for the seizure of such books and papers,—
(a) enter, with such assistance as may be required, and search, the place or places where such books
or papers are kept; and
(b) seize such books and papers as he considers necessary after allowing the company to take copies
of, or extracts from, such books or papers at its cost.
(2) The Registrar or inspector shall return the books and papers seized under sub -section (1), as soon
as may be, and in any case not later than one hundred and eightieth day after such seizure, to the company
from whose custody or power such books or papers were seized:
Provided that the books and papers may be called for by the Registrar or inspector for a further period
of one hundred and eighty days by an order in writing if they are needed again:
Provided further that the Registrar or inspector may, before returning such books and papers as
aforesaid, take copies of, or extracts from them or place identification marks on them or any part thereof or
deal with the same in such other manner as he considers necessary.
(3) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) relating to searches or seizures
Related sections
- Section 206 — Power to call for information, inspect books and conduct inquiries
- Section 208 — Report on inspection made
- Section 210 — Investigation into affairs of company
- Section 211 — Establishment of Serious Fraud Investigation Office
- Section 212 — Investigation into affairs of Company by Serious Fraud Investigation Office
- Section 213 — Investigation into company’s affairs in other cases
- Section 214 — Security for payment of costs and expenses of investigation
- Section 215 — Firm, body corporate or associati on not to be appointed as inspector
- Section 216 — Investigation of ownership of company
- Section 217 — Procedure, powers, etc., of inspectors
- Section 218 — Protection of employees during investigation
- Section 219 — Power of inspector to conduct investi gation into affairs of related companies, etc
- Section 220 — Seizure of documents by inspector
- Section 221 — Freezing of assets of company on inquiry and investigation
- Section 222 — Imposition of restrictions upon securities
- Section 223 — Inspector’s report
- Section 224 — Actions to be taken in pursuance of inspector’s report
- Section 225 — Expenses of investigation
- Section 226 — Voluntary winding up of company, etc., not to stop investigation proceedings
- Section 227 — Legal advisors and bankers not to disclose certain information
- Section 228 — Investigation, etc., of foreign companies
- Section 229 — Penalty for furnishing false statement, mu tilation, destruction of documents