Section 388B - Reference to [Tribunal] of cases against managerial personnel. - Companies Act, 1956

[1] [Chapter IVA POWERS OF CENTRAL GOVERNMENT TO REMOVE MANAGERIAL PERSONNEL FROM OFFICE ON THE RECOMMENDATION OF THE [2] [Tribunal] Reference to [3] [Tribunal] of cases against managerial personnel. 388B. (1) Where in the opinion of the Central Government there are circumstances suggesting ___ (a) that any person concerned in the conduct and management of the affairs of a company is or has been in connection therewith guilty of fraud, misfeasance, persistent negligence or default in carrying out his obligations and functions under the law, or breach of trust; or (b) that the business of a company is not or has not been conducted and managed by such person in accordance with sound business principles or prudent commercial practices; or (c) that a company is or has been conducted and managed by such person in a manner which is likely to cause, or has caused, serious injury or damage to the interest of the trade, industry or business to which such company pertains; or (d) that the business of a company is or has been conducted and managed by such person with intent to defraud its creditors, members or any other persons or otherwise for a fraudulent or unlawful purpose or in a manner prejudicial to public interest, the Central Government may state a case against the person aforesaid and refer the same to the [4] [Tribunal] with a request that the [5] [Tribunal] may inquire into the case and [6] [record a decision] as to whether or not such person is a fit and proper person to hold the office of director or any other office connected with the conduct and management of any company. (2) Every case under sub-section (1) shall be stated in the form of an application which shall be presented to the [7] [Tribunal] or such officer thereof as it may appoint in this behalf. (3) The person against whom a case is referred to the [8] [Tribunal] under this section shall be joined as a respondent to the application. ___ (4) Every such application ___ (a) shall contain a concise statement of such circumstances and materials as the Central Government may consider necessary for the purpose of the inquiry, and (b) shall be signed and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908), for the signature and verification of a plaint in a suit by the Central Government. (5) The [9] [Tribunal] may at any stage of the proceedings allow the Central Government to alter or amend the application in such manner and on such terms as may be just, and all such alterations or amendments shall be made as may be necessary for the purpose of determining the real questions in the inquiry. ---------------------------------- Notes:- [1] Chapter IVA inserted by the Companies (Amendment) Act, 1963, Act 53 of 1963, section 9, w.e.f. 1-1-1964. [2] Substituted for "Company Law Board" by the Companies (Second Amendment) Act, 2002, w.e.f. a date yet to be notified. Earlier the quoted words were substituted for High Court by the Companies (Amendment) Act, 1988, w.e.f. 31-5-1991, and High Court was substituted fot Tribunal by the Companies Tribunal (Abolition) Act, 1967, w.e.f 1-7-1967. [3] Substituted for "Company Law Board" by the Companies (Second Amendment) Act, 2002, w.e.f. a date yet to be notified. Earlier the quoted words were substituted for High Court by the Companies (Amendment) Act, 1988, w.e.f. 31-5-1991, and High Court was substituted fot Tribunal by the Companies Tribunal (Abolition) Act, 1967, w.e.f 1-7-1967. [4] Substituted for "Company Law Board" by the Companies (Second Amendment) Act, 2002, w.e.f. a date yet to be notified. Earlier the quoted words were substituted for High Court by the Companies (Amendment) Act, 1988, w.e.f. 31-5-1991, and High Court was substituted fot Tribunal by the Companies Tribunal (Abolition) Act, 1967, w.e.f 1-7-1967. [5] Substituted for "Company Law Board" by the Companies (Second Amendment) Act, 2002, w.e.f. a date yet to be notified. Earlier the quoted words were substituted for High Court by the Companies (Amendment) Act, 1988, w.e.f. 31-5-1991, and High Court was substituted for Tribunal by the Companies Tribunal (Abolition) Act, 1967, Act, 17 of 1967, w.e.f 1-7-1967. [6] Substituted by the Companies Tribunal (Abolition) Act, 1967, Act, 17 of 1967, for "record a finding", w.e.f. 1-7-1967. [7] Substituted for "Company Law Board" by the Companies (Second Amendment) Act, 2002, w.e.f. a date yet to be notified. Earlier the quoted words were substituted for High Court by the Companies (Amendment) Act, 1988, w.e.f. 31-5-1991, and High Court was substituted for Tribunal by the Companies Tribunal (Abolition) Act, 1967, Act, 17 of 1967, w.e.f 1-7-1967. [8] Substituted for "Company Law Board" by the Companies (Second Amendment) Act, 2002, w.e.f. a date yet to be notified. Earlier the quoted words were substituted for High Court by the Companies (Amendment) Act, 1988, w.e.f. 31-5-1991, and High Court was substituted for Tribunal by the Companies Tribunal (Abolition) Act, 1967, Act, 17 of 1967, w.e.f 1-7-1967. [9] Substituted for "Company Law Board" by the Companies (Second Amendment) Act, 2002, w.e.f. a date yet to be notified. Earlier the quoted words were substituted for High Court by the Companies (Amendment) Act, 1988, w.e.f. 31-5-1991, and High Court was substituted for Tribunal by the Companies Tribunal (Abolition) Act, 1967, Act, 17 of 1967, w.e.f 1-7-1967.