Amended and updated notes on section 98 of Companies Act 2013. Detail discussion on provisions and rules related to power of Tribunal to call meetings of members, etc.
Chapter VII (Sections 88–122) of the Companies Act, 2013 (CA 2013) deals with the provisions related to management and administration. Section 98 of CA 2013 provides for power of Tribunal to call meetings of members, etc.
Recently, we have discussed in detail section 97 (Power of Tribunal to call annual general meeting) of CA 2013. Today, we learn the provisions of section 98 of Companies Act 2013.
Section 98 of the Companies Act, 2013 has been notified by the Ministry of Corporate Affairs (MCA) vide Notification No. S.O. 1934(E) issued dated 01.06.2016. This notification shall come into force from 1st June, 2016 i.e. the commencement date of section 98 is 01-06-2016.
| 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. | VII |
| Chapter Name | Management and Administration |
| Section No. | 98 |
| Section Name | Power of Tribunal to call meetings of members, etc. |
| Monthly Updated Edition | Company Law PDF |
Section 98 of Companies Act 2013: Power of Tribunal to call meetings of members, etc.
Section 98 shall come into force on 1st June, 2016 vide Notification No. S.O. 1934(E) issued dated 01.06.2016.
(1) If for any reason it is impracticable to call a meeting of a company, other than an annual general meeting, in any manner in which meetings of the company may be called, or to hold or conduct the meeting of the company in the manner prescribed by this Act or the articles of the company, the Tribunal may, either suo motu or on the application of any director or member of the company who would be entitled to vote at the meeting, —
- (a) order a meeting of the company to be called, held and conducted in such manner as the Tribunal thinks fit; and
- (b) give such ancillary or consequential directions as the Tribunal thinks expedient, including directions modifying or supplementing in relation to the calling, holding and conducting of the meeting, the operation of the provisions of this Act or articles of the company:
Provided that such directions may include a direction that one member of the company present in person or by proxy shall be deemed to constitute a meeting.
(2) Any meeting called, held and conducted in accordance with any order made under sub-section (1) shall, for all purposes, be deemed to be a meeting of the company duly called, held and conducted.