Section 446B The Company Act 2013

Section 446B The Company Act 2013

penalty is payable for non-compliance of any of the provisions  Notwithstanding anything contained in this Act, if penalty is payable for non-compliance of any of the provisions of this Act by a One Person Company, small company, start-up company or Producer Company, or by any of its officer in default, or any other person in respect of […]

Section 446A The Company Act 2013

Section 446A The Company Act 2013

The court or the Special Court, The court or the Special Court, while deciding the amount of fine or imprisonment under this Act, shall have due regard to the following factors, namely:— (a) size of the company; (b) nature of business carried on by the company; (c) injury to public interest; (d) nature of the

Section 446 The Company Act 2013

Section 446 The Company Act 2013

Application of fines The court imposing any fine under this Act may direct that the whole or any part thereof shall be applied in or towards payment of the costs of the proceedings, or in or towards the payment of a reward to the person on whose information the proceedings were instituted.

Section 445 The Company Act 2013

Section 445 The Company Act 2013

Compensation for accusation without reasonable cause The provisions of section 250 of the Code of Criminal Procedure, 1973 shall apply mutatis mutandis to compensation for accusation without reasonable cause before the Special Court or the Court of Session.

Section 444 The Company Act 2013

Section 444 The Company Act 2013

Appeal against acquittal Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the Central Government may, in any case arising under this Act, direct any company prosecutor or authorise any other person either by name or by virtue of his office, to present an appeal from an order of acquittal passed by any court, other than a

Section 443 The Company Act 2013

Section 443 The Company Act 2013

Power of Central Government to appoint company prosecutors Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the Central Government may appoint generally, or for any case, or in any case, or for any specified class of cases in any local area, one or more persons, as company prosecutors for the conduct of prosecutions arising out

Section 442 The Company Act 2013

Section 442 The Company Act 2013

Mediation and Conciliation Panel (1) The Central Government shall maintain a panel of experts to be called as the Mediation and Conciliation Panel consisting of such number of experts having such qualifications as may be prescribed for mediation between the parties during the pendency of any proceedings before the Central Government or the Tribunal or the Appellate Tribunal under this Act. (2) Any of the

Section 441 The Company Act 2013

Section 441 The Company Act 2013

Compounding of certain offences (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any offence punishable under this Act (whether committed by a company or any officer thereof) 1[not being an offence punishable with imprisonment only, or punishable with imprisonment and also with fine], may, either before or after the institution of any prosecution, be

Section 440 The Company Act 2013

Section 440 The Company Act 2013

Transitional provisions Any offence committed under this Act, which is triable by a Special Court shall, until a Special Court is established, be tried by a 1[Court of Session or the Court of Metropolitan Magistrate or a Judicial Magistrate of the First Class, as the case may be] exercising jurisdiction over the area, notwithstanding anything contained in

Section 439 The Company Act 2013

Section 439 The Company Act 2013

Offences to be non-cognizable (1) Notwithstanding anything in the Code ofCriminal Procedure, 1973 every offence under this Act except the offences referred to in sub-section(6) of section 212 shall be deemed to be non-cognizable within the meaning of the said Code. 1[(2) No court shall take cognizance of any offence under this Act which is alleged to have been