(1) Notwithstanding anything in the Code of Criminal 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.
(2) No court shall take cognizance of any offence under this Act which is alleged to have been committed by any company or any thereof, except on the complaint in writing of a person authorised by the Central Government in that behalf:
Provided further that nothing in this sub-section shall apply to a prosecution by a company of any of its officers.
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, where the complainant under sub-section (2) is the or a person authorised by the Central Government, the presence of such officer before the Court trying the offences shall not be necessary unless the court requires his personal attendance at the trial.
(4) The provisions of sub-section (2) shall not apply to any action taken by the liquidator of a company in respect of any offence alleged to have been committed in respect of any of the matters in Chapter XX or in any other provision of this Act relating to winding up of companies.
Explanation.—The liquidator of a company shall not be deemed to be an officer of the company within the meaning of sub-section (2).
(The exceptions, modifications and adaptations provided above shall be applicable only to those Government Companies which has not committed a default in filing its financial statements under section 137 of the said act or annual return under section 92 of the said act with the registrar, vide notification dated 13th June, 2017)
To view the notification,Click Here
The word “or a member” is inserted vide the Companies (Amendment) Act, 2017 dated 03.01.2018, Effective 7th May,2018.
Commencement Notification dated 07/05/2018
Enforcement notification S.O.2754 (E) dated 12/09/2013
Exemption to Govt Companies G.S.R. 463(E) dated 05/06/2015
Exemptions to Government Companies [Amendment to GSR 463(E)] dated 13/06/2017
The Companies (Amendment) Act, 2017 (Effective from 03.01.2018)