Companies Act Section 459 — Powers of Central Government of Tribunal to accord approval, etc., subject to conditions and to prescribe fees on applications
CHAPTER XXIX MISCELLANEOUS
Commercial / Corporate
Summary
Sub-section (1) sets out the general powers of the Central Government or the Tribunal when any provision of the Act requires or authorises them to act. This covers three situations: giving approval, sanction, consent, confirmation, or recognition to any matter; giving any direction in relation to any matter; or granting any exemption in relation to any matter. In these situations, unless the specific provision or another part of the Act says otherwise, the Central Government or the Tribunal may grant that approval, direction, or exemption subject to any conditions, limitations, or restrictions it chooses to impose. If any of these conditions, limitations, or restrictions are violated, the Central Government or the Tribunal may cancel or withdraw the approval, sanction, consent, confirmation, recognition, direction, or exemption it had granted.
Sub-section (2) deals with fees for applications made to the Central Government or the Tribunal under any provision of the Act. Unless the Act provides otherwise, every application that may be made or is required to be made must be accompanied by fees as may be prescribed. This applies to applications seeking approval, sanction, consent, confirmation, or recognition; applications seeking a direction or exemption; and applications on any other matter. The proviso to this sub-section states that different fees may be prescribed for applications relating to different matters, or for applications made by different classes of companies.
Official Text
(1) Where the Central Government or the Tribunal is required or authorised by any provision of this Act—
(a) to accord approval, sanction, consent, confirmation or recognition to, or in relation to, any matter; or
(b) to give any direction in relation to any matter; or
(c) to grant any exemption in relation to any matter, then, the Central Government or the Tribunal may in the absence of anything to the contrary contained in that provision or any other provision of this Act, accord, give or grant such approval, sanction, consent, confirmation, recognition, direction or exemption, subject to such conditions, limitations or restrictions as it may think fit to impose and may, in the case of a contravention of any such condition, limitation or restriction, rescind or withdraw such approval, sanction, consent, confirmation, recognition, direction or exemption.
(2) Save as otherwise provided in this Act, every application which may be, or is required to be, made to the Central Government or the Tribunal under any provision of this Act—
(a) in respect of any approval, sanction, consent, confirmation or recognition to be accorded by that Government or the Tribunal to, or in relation to, any matter; or
(b) in respect of any direction or exemption to be given or granted by that Government or the Tribunal in relation to any matter; or
(c) in respect of any other matter, shall be accompanied by such fees as may be prescribed:
Provided that different fees may be prescribed for applications in respect of different matters or in case of applications by different classes of companies.