Section 459 of Companies Act, 2013 – Powers of Central Government or Tribunal to accord approval, etc., subject to conditions and to prescribe fees on applications

            SECTION 459. POWERS OF CENTRAL GOVERNMENT OR TRIBUNAL TO
ACCORD APPROVAL, ETC., SUBJECT TO CONDITIONS AND TO
PRESCRIBE FEES ON APPLICATIONS

[Effective from 12th September, 2013]

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

 

Applicable Rules

Companies (Miscellaneous) Rules, 2014

[Effective from 1st April, 2014]

  Rule 9. Fees for application to Central Government.—For the purposes of sub-section (2) of section 459, every application which may be, or is required to be, made to the Central Government under any provision of the Act—

(a)                 in respect of any approval, sanction, consent, confirmation or recognition to be accorded by that Government to, or in relation to, any matter; or

(b)     in respect of any direction or exemption to be given or granted by that Government in relation to any matter; or

(c)      in respect of any other matter,

shall be accompanied by such fee as provided in the Companies (Registration Offices and Fees) Rules, 2014.

 

Applicable Notifications

Company Law Board (Fees on Application and Petitions) Rules, 1991

Notification No. G.S.R. 772(E) dated 3^rd November, 2014

     G.S.R. 772(E).—In exercise of the powers conferred by section 642 read with sub-section (2) of section 637A of the Companies Act, 1956 (1 of 1956) and the removal of difficulty Orders issued by the Central Government under section 470 of the Companies Act, 2013, the Central Government hereby makes the following rules further to amend the Company Law Board (Fees on Applications and Petitions) Rules, 1991 namely:-

1. (1) These rules may be called the Company Law Board (Fees on Applications and Petitions) Amendment Rules, 2014.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Company Law Board (Fees on Applications and Petitions) Rules, 1991, in the Schedule, after serial number 33 the following shall be inserted, namely: