The Companies Act, 2013 222Chapter XIV · Inspection, Inquiry and Investigation
Section 222 · Imposition of restrictions upon securities
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(1) Where it appears to the Tribunal, in
connection with any investigation under section 216 or on a complaint made by any person in this behalf,
that there is good reason to find out the relevant facts about any securities issued or to be issued by a
company and the Tribunal is of the opinion that such facts cannot be found out unless certain restrictions,
as it may deem fit, are imposed, the Tribunal may, by order, direct that the securities shall be subject to
such restrictions as it may deem fit for such period not exceeding three years as may be specified in the
order.
(2) Where securities in any company are issued or transferred or acted upon in contravention of an order of the Tribunal under sub-section (1), the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to twenty-five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees, or with both.
(2) Where securities in any company are issued or transferred or acted upon in contravention of an order of the Tribunal under sub-section (1), the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to twenty-five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees, or with both.
The offence at a glance
- Maximum punishment
- 6 months
- Fine
- ₹25,00,000
- Cognizable
- Non-cognizable
- Bailable
- Bailable
- Triable by
- Any Magistrate
- Non-cognizable — Police cannot investigate without a Magistrate's order
- Bailable — Bail is your right — it can be granted at the police station
Sub-sections of this section carry different penalties; the maximum is shown.
Under this Act's own provision
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