Section 216 — Investigation of ownership of company
(1) Where it appears to the Central Government that
there is a reason so to do, it may appoint one or more inspectors to investigate and report on matters relating
to the company, and its membership for the purpose of determining the true persons—
(a) who are or have been financially interested in the success or failure, whether real or apparent,
of the company; or
(b) who are or have been able to control or to materially influence the policy of the 1[company;
or].
2[(c) who have or had beneficial interest in shares of a company or who are or have been beneficial
owners or significant beneficial owner of a company].
(2) Without prejudice to its powers under sub-section (1), the Central Government shall appoint one or
more inspectors under that sub-section, if the Tribunal, in the course of any proceeding before it, directs by
an order that the affairs of the company ought to be investigated as regards the membership of the company
and other matters relating to the company, for the purposes specified in sub-section (1).
(3) While appointing an inspector under sub-section (1), the Central Government may define the scope
of the investigation, whether as respects the matters or the period to which it is to extend or otherwise, and
in particular, may limit the investigation to matters connected with particular shares or debentures.
(4) Subject to the terms of appointment of an inspector, his powers shall extend to the investigation of
any circumstances suggesting the existence of any arrangement or understanding which, though not legally
binding, is or was observed or is likely to be observed in practice and which is relevant for the purposes of
his investigation.
1. Subs. by Act 1 of 2018, s. 71, for “company” (w.e.f. 13-6-2018).
2. Ins. by s. 71, ibid. (w.e.f. 13-6-2018).
Related sections
- Section 206 — Power to call for information, inspect books and conduct inquiries
- Section 208 — Report on inspection made
- Section 209 — Search and seizure
- 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 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