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Section 459 Of Companies Act 2013: Powers Of Central Govt Or Tribunal To Accord Approval, Etc. Subj. To...

Corporate Law (Country: India)

SECTION-459 (Powers of Central Government or Tribunal to accord approval, etc., subject to conditions and to prescribe fees on applications) under CHAPTER-XXIX (Miscellaneous) of the Companies Act, 2013

(1) Where the Central Government or the Tribunal is required or authorised by many 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.







Extra Notes for Readers

(1) The Companies Act, 2013 received the assent of the President on the 29th August, 2013 (Published in the Gazette of India, Extraordinary, Part II - Section 1 by Ministry of Law and Justice, Legislative Department on 30th August, 2013) - link

(2) Section 459 of the Companies Act 2013 was notified by MCA Notification S.O. 2754(E) dated 12th September 2013 (w.e.f. 12th September 2013) - link


(3) Relevant rule(s) of the Companies (Miscellaneous) Rules, 2014, which was notified by MCA vide notification G.S.R. 253 (E) dated 31st March, 2014  (w.e.f. 1st April, 2014) - link

  • Rule 9 - Fees for application to Central Government

Note: Please check MCA site for any further amendments to the Companies (Miscellaneous) Rules, 2014.








This page was last updated on 6th June, 2017.

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