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Company Law Board Constitution of Board of Compan Law Administration

10E (1) As soon as may be after the commencement of the Companies (Amendment) Act, 1988, the Central Government shall, by notification in the Official Gazette, constitute a Board to be called the Board of Company Law Administration. (1A) The Company Law Board shall exercise and discharge such powers and functions as may be conferred on it, by or under this Act or any other law, and shall also exercise and discharge such other powers and functions of the Central Government under this Act or any other law as may be conferred on it by the Central Government, by notification in the Official Gazette under the provisions of this Act or that other law. (2) The Company Law Board shall consist of such number of members, not exceeding (nine), as the Central Government deems fit, to be appointed by that Government by notification in the Official Gazette: Provided that the Central Government may, by notification in the Official Gazette, continue the appointment of the Chairman or any other member of the Company Law Board functioning as such immediately before the commencement of the Companies (Amendment) Act, 1988, as the chairman or any other member of the Company Law Board, after such commencement for such period not exceeding three years as may be specified in the notification. (2A) The members of the Company Law Board shall possess such qualifications and experience as may be prescribed. (3) One of the members shall be appointed by the Central Government to be the chairman of the Company Law Board. (4) No act done by the Company Law Board shall be called in question on the ground only of any defect in the constitution of, or the existence of any vacancy in, the Company Law Board. (4A) (Omitted by the Companies (Amendment) Act, 1988, w.e.f. 31.5.1991. For text of omitted sub-section (4A) refer Appendix I.)

(4B) (The Board) may, by order in writing, form one or more Benches from among its members and authorize each Bench to exercise and discharge such of the Board s powers and functions as may be specified in the order; and every order made or act done by a Bench in exercise of such powers or discharge of such functions shall be deemed to be the order or act, as the case may be, of the Board. (4C) Every Bench referred to in sub-section (4B) shall have powers which are vested in a Court under the Code of Civil Procedure, 1908 (5 of 1908), which trying a suit, in respect of the following matters, namely: (a) (b) (c) (d) (e) (f) discovery and inspection of documents of other material objects producible as evidence; enforcing the attendance of witnesses and requiring the deposit of their expenses; the production of documents or other material objects producible as evidence and impounding the same; examining witnesses on oath; granting adjournments; reception of evidence on affidavits.

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(f) ecep ion of e idence on affida i . (4D) E e Bench hall be deemed o be a ci il co n fo he p po e of ec ion 195 and (Chap e XXVI of he Code of C iminal P oced e, 1973 (2 of 1974) ) and e e p oceeding befo e he Bench hall be deemed o be j dicial p oceeding i hin he meaning of ec ion 193 and 228 of he Indian Penal Code (45 of 1860) and fo he p po e of ec ion 196 of ha Code.) (5) Wi ho p ej dice o he p o i ion of b- ec ion (4C) and (4D), he Compan La Boa d hall in he e e ci e of i po e and he di cha ge of i f nc ion nde hi Ac o an o he la be g ided b he p incipal of na al j ice and hall ac in i di c e ion. (6) S bjec o he fo egoing p o i ion of hi ec ion he Compan La Boa d hall ha e po e o eg la e i o n p oced e.

Compan La

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