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Section 256

Investigation into affairs of company.—(1) Where the Commission is of the opinion, that it is necessary to investigate into the affairs of a company—

 

(a) on the application of the members holding not less than one tenth of the total voting power in a company having share capital;

 

(b) on the application of not less than one tenth of the total members of a company not having share capital;

 

(c) on the receipt of a report under sub-section (5) of section 221 or on the report by the registrar under sub-section (6) of section 254; it may order an investigation into the affairs of the company and appoint one or more persons as inspectors to investigate into the affairs of the company and to report thereon in such manner as the Commission may direct:

 

Provided that before making an order of investigation, the Commission shall give the company an opportunity of being heard.

 

(2) While appointing an inspector under sub-section (1), the Commission may define the scope of the investigation, the period to which it is to extend or any other matter connected or incidental to the investigation.

 

(3) An application by members of a company under clause (a) or (b) of sub-section (1) shall be supported by such evidence as the Commission may require for the purpose of showing that the applicants have good reason for requiring the investigation.

 

(4) The Commission may, before appointing an inspector, require the applicants to give such security for payment of the costs of the investigation as the Commission may specify.




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