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

Section 438 The Company Act 2013

Section 438 The Company Act 2013

Application of Code to proceedings before Special Court Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be 1[deemed to be a Court of Session or the court

Section 437 The Company Act 2013

Section 437 The Company Act 2013

Appeal and revision The High Court may exercise, so far as may be applicable, all the powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session

Section 436 The Company Act 2013

Section 436 The Company Act 2013

Offences Triable by Special Courts (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,— (a) 1[all offences specified under sub-section (1) of section 435] shall be triable only by the Special Court established for the area in which the registered office of the company in relation to which the offence is committed or where there are more Special

Section 435 The Company Act 2013

Section 435 The Company Act 2013

Establishment of Special Courts (1) The Central Government may, for the purpose of providing speedy trial of 2[offences under this Act, except under section 452, by notification] establish or designate as many **Special Courts as may be necessary. (2) A **Special Court shall consist of— (a) a single judge holding office as Session Judge or Additional Session Judge, in

Section 434 The Company Act 2013

Section 434 The Company Act 2013

Transfer of Certain Pending Proceedings (1) On such date as may be notified by the Central Government in this behalf,— (a) all matters, proceedings or cases pending before the Board of Company Law Administration (herein in this section referred to as the Company Law Board) constituted under sub-section (1) of section 10E of the Companies

Section 433 The Company Act 2013

Section 433 The Company Act 2013

Limitation The provisions of the Limitation Act, 1963 shall, as far as may be, apply to proceedings or appeals before the Tribunal or the Appellate Tribunal, as the case may be.