Section 637 - Delegation by Central Government of its powers and functions under Act. - Companies Act, 1956

Delegation of powers and functions of Central Government Delegation by Central Government of its powers and functions under Act. 637. [1] [(1) The Central Government may, by notification in the Official Gazette, and subject to such conditions, restrictions and limitations as may be specified therein, delegate any of its powers or functions under this Act (other than the power to appoint a person as public trustee under section 153A and the power to make rules,) to such authority or officer as may be specified in the notification.] (2) The powers and functions which cannot be delegated under [2] [* * *] sub-section (1) are those conferred by or mentioned in the following provisions of this Act, namely, sections 10, 81, 89(4), 211(3) and (4), 212, 213, 235, 237, 239, 241, 242, 243, 244, 245, 247, [3] [* * *] 250, 259, 268, 269, 274(2), 295, 300, 310, 311, [4] [* * *] 349, [5] [* * *] 372, 396, 399(4) and (5), 401, 408, [6] [* * *] 410, 411(b), 448, 609, 613, 620, 638, 641 and 642.] [7] [* * *] (3) A copy of every notification issued under sub-section (1) shall, as soon as may be after it is issued, be placed before both Houses of Parliament. ----------------------------------------------- Notes:- [1] Substituted by the Companies (Amendment) Act, 1988, section 61, w.e.f. 31-5-1991. Earlier sub-sections (1) and (2) had been substituted by Act 53 of 1963, section 14, w.e.f. 1-1-1964. Prior to the present substitution, sub-section (1) read as follows: "(1) The Central Government may, by notification in the Official Gazette and subject to such conditions, restrictions and limitations as may be specified therein, delegate ___ (a) any of its powers or functions under this Act (other than the power to appoint a person as public trustee under section 153A and the power to make rules) to the Company Law Board; (b) any of its powers or functions under this Act, other than those specified in sub-section (2), to such other authority or such officer as may be specified in the notification." [2] The words "clause (b) of" omitted by the Companies (Amendment) Act, 1988, section 61, w.e.f. 31-5-1991 [3] The figures "248, 249," omitted by the Companies (Amendment) Act, 2000, w.e.f. 13-12-2000. [4] The figures and brackets "324, 326, 328, 329, 332, 343, 345, 346, 347(2)," omitted by the Companies (Amendment) Act, 2000, w.e.f. 13-12-2000. [5] The figures "352, 369," omitted by the Companies (Amendment) Act, 2000, w.e.f. 13-12-2000. [6] The figure "409" omitted by the Companies (Amendment) Act, 1988, section 61, w.e.f. 31-5-1991. [7] Omitted, by the Companies (Amendment) Act, 1988, section 61, w.e.f. 31-5-1991. Prior to the omission sub-section (2A) read as follows: "(2A) The provisions of this Act shall apply in relation to the Company Law Board as they apply in relation to the Central Government in respect of any matter in relation to which the powers and functions of the Central Government have been delegated to the Company Law Board."