Companies Act Section 223 — Inspector’s report

CHAPTER XIV INSPECTION, INQUIRY AND INVESTIGATION

Commercial / Corporate

Summary

Sub-section (1) states that an inspector appointed under this Chapter may submit interim reports to the Central Government, and must do so if the Central Government directs it. At the end of the investigation, the inspector must submit a final report to the Central Government.

Sub-section (2) provides that every report submitted under sub-section (1) must be in writing or printed, as the Central Government may direct.

Sub-section (3) allows members, creditors, or any other person whose interest is likely to be affected to obtain a copy of the report by making an application to the Central Government.

Sub-section (4) states that the report of any inspector appointed under this Chapter must be authenticated either by the seal of the company whose affairs were investigated, or by a certificate from a public officer who has custody of the report, as provided under section 76 of the Indian Evidence Act, 1872. Such a report is admissible in any legal proceeding as evidence regarding any matter contained in it.

Sub-section (5) clarifies that nothing in this section applies to the report referred to in section 212.

Official Text

(1) An inspector appointed under this Chapter may, and if so directed by the Central Government shall, submit interim reports to that Government, and on the conclusion of the investigation, shall submit a final report to the Central Government.

(2) Every report made under sub-section (1) shall be in writing or printed as the Central Government may direct.

(3) A copy of the report made under sub-section (1) may be obtained 1[by members, creditors or any other person whose interest is likely to be affected] by making an application in this regard to the Central Government.

(4) The report of any inspector appointed under this Chapter shall be authenticated either—

(a) 2[by the seal, if any] of the company whose affairs have been investigated; or

(b) by a certificate of a public officer having the custody of the report, as provided under section 76 of the Indian Evidence Act, 1872 (1 of 1872), and such report shall be admissible in any legal proceeding as evidence in relation to any matter contained in the report.

(5) Nothing in this section shall apply to the report referred to in section 212.