(1) Where it appears to the Central Government that there is a reason so to do, it may appoint one or more inspectors to investigate and report on matters relating to the company2(20) Company means a company incorporated under this Act or under any previous company law, and its membership for the purpose of determining the true persons—

(a) who are or have been financially interested in the success or failure, whether real or apparent, of the company; or

(b) who are or have been able to control or to materially influence the policy of the company; orSubstituted vide Companies (Amendment) Act, 2017 dated 03.01.2018 w.e.f., 13.06.2018. To view the notification,Click Here company.

(c) who have or had beneficial interest in shares of a company or who are or have been beneficial owners or significant beneficial owner of a company.Inserted vide Companies (Amendment) Act, 2017 dated 03.01.2018 w.e.f., 13.06.2018. To view the notification,Click Here

(2) Without prejudice to its powers under sub-section (1), the Central Government shall appoint one or more inspectors under that sub-section, if the Tribunal2(90) Tribunal means the National Company Law Tribunal constituted under section 408, in the course of any proceeding before it, directs by an order that the affairs of the company ought to be investigated as regards the membership of the company and other matters relating to the company, for the purposes specified in sub-section (1).(Notified on 01-06-2016)vide notification S.O 1934(E). To view the notification,Click Here

(3) While appointing an inspector under sub-section (1), the Central Government may define the scope of the investigation, whether as respects the matters or the period to which it is to extend or otherwise, and in particular, may limit the investigation to matters connected with particular shares2(84) Share means a share in the share capital of a company and includes stock or debenture2(30) Debenture, includes debenture stock, bonds or any other instrument of a company evidencing a debt, whether constituting a charge on the assets of the company or not Provided that— (a) the instruments referred to in Chapter III-D of the Reserve Bank of India Act, 1934; and

(b) such other instrument, as may be prescribed by the Central Government in consultation with Reserve Bank of India, issued by a company,

shall not be treated as debenture;.

(4) Subject to the terms of appointment of an inspector, his powers shall extend to the investigation of any circumstances suggesting the existence of any arrangement or understanding which, though not legally binding, is or was observed or is likely to be observed in practice and which is relevant for the purposes of his investigation.

Commencement Notification dated 13.06.2018

Enforcement Notification S.O. 1934(E) dated 01/06/2016

Enforcement Notification S.O. 902(E) dated 26/03/2014

The Companies (Amendment) Act, 2017 (Effective from 03.01.2018)