Section 234A - Seizure of documents by Registrar. - Companies Act, 1956

Seizure of documents by Registrar. [1] [234A. (1) Where, upon information in his possession or otherwise, the Registrar has reasonable ground to believe that books and papers of, or relating to, any company or other body corporate [2] [* * *] or managing director or manager of such company or other body corporate [3] [* * *] may be destroyed, mutilated, altered, falsified or secreted, the Registrar may make an application [4] [* * *] to the Magistrate of the First Class or as the case may be, the Presidency Magistrate having jurisdiction for an order for the seizure of such books and papers. (2) After considering the application and hearing the Registrar, if necessary, the [5] [Magistrate] may, by order, authorise the Registrar ___ (a) to enter, with such assistance as may be required the place or places where such books and papers are kept; (b) to search that place or those places in the manner specified in the order; and (c) to seize such books and papers as he considers necessary. (3) The Registrar shall return the books and papers seized under this section as soon as may be, and in any case not later than the thirtieth day, after such seizure, to the company or the other body corporate or, as the case may be, to [6] [* * *] the managing director or the manager or any other person, from whose custody or power they were seized and inform the [7] [Magistrate] of such return: Provided that the Registrar may, before returning such books and papers as aforesaid, take copies of, or extracts from them [8] [or place identification marks on them or any part thereof] or deal with the same in such other manner as he considers necessary. (4) Save as otherwise provided in this section, every search [9] [or seizure] made under this section shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1898 [10] relating to searches [11] [or seizures made under that Code.] --------------------------------- Notes:- [1] Inserted by the Companies (Amendment) Act, 1960, Act 65 of 1960, section 73. [2] Omitted by the Companies (Amendment) Act, 2000, w.e.f. 13-12-2000, as provisions relating to any managing agents, or secretaries and treasures , had become redundant after abolition of system by Act 17 of 1969. [3] Omitted by the Companies (Amendment) Act, 2000, w.e.f. 13-12-2000, as provisions relating to any associate of such managing agents, or secretaries and treasures , had become redundant after abolition of system by Act 17 of 1969. [4] The words "to the Tribunal or" inserted by the Companies (Amendment) Act, 1965, Act 31 of 1965, section 24 and omitted by the Companies Tribunal (Abolition) Act, 1967, Act 17 of 1967, section 4 and Schedule, w.e.f. 1-7-1967. Earlier these words were inserted by the Companies (amendment) Act, 1965, 31 of 1965 w.e.f 15-10-1965. [5] Substituted by Companies Tribunal (Abolition) Act, 1967, Act 17 of 1967, section 4 and Schedule for "Tribunal or Magistrate, as the case may be,", w.e.f. 1-7-1967. Earlier these words were substituted for magistrate by the Companies (Amendment) Act, 1965, w.e.f. 15-10-1965. [6] Omitted by the Companies (Amendment) Act, 2000, w.e.f. 13-12-2000, as provisions relating to the managing agents, or the Secretaries and treasures or the associate of such managing agent or Secretaries and treasures or had become redundant after abolition of system by Act 17 of 1969. [7] Substituted by Companies Tribunal (Abolition) 1967, Act 17 of 1967, section 4 and Schedule for "Tribunal or Magistrate, as the case may be,", w.e.f. 1-7-1967. Earlier these words were substituted for Magistrate by the Companies (Amendment) Act, 1965, Act, 31 of 1965, w.e.f. 15-10-1965. [8] Inserted by the Companies (Amendment) Act, 1965, Act 31 of 1965, section 24, w.e.f. 15-10-1965. [9] Inserted by the Companies (Amendment) Act, 1965, Act 31 of 1965, section 24, w.e.f. 15-10-1965. [10] See now the Code of Criminal Procedure, 1973 (Act 2 of 1974). [11] Inserted by the Companies (Amendment) Act, 1965, Act 31 of 1965, section 24, w.e.f. 15-10-1965.