Amended and updated notes on section 459 of Companies Act 2013. Detail discussion on provisions and rules related to powers of Central Government or Tribunal to accord approval, etc., subject to conditions and to prescribe fees on applications.
Chapter XXIX (Sections 447–470) of the Companies Act, 2013 (CA 2013) deals with the provisions related to miscellaneous. Section 459 of CA 2013 provides for powers of Central Government or Tribunal to accord approval, etc., subject to conditions and to prescribe fees on applications.
Recently, we have discussed in detail section 458 (Delegation by Central Government of its powers and functions) of CA 2013. Today, we learn the provisions of section 459 of the Companies Act 2013.
The provisions of section 459 are effective from 12th September, 2013. You may refer Notification No. S.O. 2754(E) dated 12-09-2013. In this article, you will learn detail of the provisions of section 459 the Companies Act 2013 read with the Companies (Miscellaneous) Rules, 2014.
| Name of Act | The Companies Act 2013 |
|---|---|
| Enacted by | Parliament of India |
| Administered by | Ministry of Corporate Affairs (MCA) |
| Number of Chapters | 29 |
| Number of Sections | 484 (470-43+57) |
| Number of Schedules | 7 |
| You are reading: | |
| Chapter No. | XXIX |
| Chapter Name | Miscellaneous |
| Section No. | 459 |
| Section Name | Powers of CG or Tribunal to accord approval, etc., subject to conditions and to prescribe fees on applications |
| Monthly Updated Edition | Company Law PDF |
Section 459 of Companies Act 2013: Powers of Central Government or Tribunal to accord approval, etc., subject to conditions and to prescribe fees on applications
Section 459 shall come into force on 12th September, 2013 vide Notification No. S.O. 2754(E) dated 12.09.2013.
(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.