Google
 

Thursday, January 10, 2008

Approval of the Court: The Government company

Approval of the Court: The Government company shall approach the Central Government for consent/approval wherever the Companies Act, 1956 provides that the consent of the Court is to be obtained (vide Notification No. GSR 238 dated February 2,1978).

Cognizance of Offences: Sub-section (1) of Section 621 shall be applicable to a Government company with the omission of the words ‘the Registrar or by a shareholder of the company’. So no Court can take cognizance of any offence under the Companies Act, 1956 committed by a Government company or any of its officers in default unless a complaint is made by a person authorised by the Central Government to do so. Thus, discretionary powers are vested with the Central Government to lodge a complaint with the Court of law against a Government company.

Statutory Meeting and Statutory Report: Government companies have been exempted from holding a statutory meeting or filing a statutory report with the R.O.c.

under Section 165.

No comments: