Amended and updated notes on section 440 of Companies Act 2013. Detail discussion on provisions and rules related to transitional provisions.
Chapter XXVIII (Sections 435–446B) of the Companies Act, 2013 (CA 2013) deals with the provisions related to Special Courts. Section 440 of CA 2013 provides for transitional provisions.
Recently, we have discussed in detail section 439 (Offences to be noncognizable) of CA 2013. Today, we learn the provisions of section 440 of the Companies Act 2013.
The provisions of section 440 are effective from 18th May, 2016. You may refer Notification No. S.O. 1795(E) dated 18-05-2016. In this article, you will learn detail of the provisions of section 440 the Companies Act 2013.
| Name of Act | The Companies Act 2013 |
|---|---|
| Enacted by | Parliament of India |
| Administered by | Ministry of Corporate Affairs (MCA) |
| Number of Chapters | 29 |
| Number of Sections | 484 (470-43+57) |
| Number of Schedules | 7 |
| You are reading: | |
| Chapter No. | XXVIII |
| Chapter Name | Special Courts |
| Section No. | 440 |
| Section Name | Transitional provisions |
| Monthly Updated Edition | Company Law PDF |
Section 440 of Companies Act 2013: Transitional provisions
Section 440 shall come into force on 18th May, 2016 vide Notification No. S.O. 1795(E) dated 18.05.2016.
Any offence committed under this Act, which is triable by a Special Court shall, until a Special Court is established, be tried by a Court of Session or the Court of Metropolitan Magistrate or a Judicial Magistrate of the First Class, as the case may be exercising jurisdiction over the area, notwithstanding anything contained in the Code of Criminal Procedure, 1973:
Provided that nothing contained in this section shall affect the powers of the High Court under section 407 of the Code to transfer any case or class of cases taken cognizance by a Court of Session or the Court of Metropolitan Magistrate or a Judicial Magistrate of the First Class, as the case may be under this section.