Amended and updated notes on section 399 of Companies Act 2013. Detail discussion on provisions and rules related to inspection, production and evidence of documents kept by Registrar.
Chapter XXIV (Section 396–404) of the Companies Act, 2013 (CA 2013) deals with the provisions related to registration offices and fees. Section 399 of CA 2013 provides for inspection, production and evidence of documents kept by Registrar.
Recently, we have discussed in detail section 398 (Provisions relating to filing of applications, documents, inspection, etc., in electronic form) of CA 2013. Today, we learn the provisions of section 399 of the Companies Act 2013.
The provisions of section 399 are effective from 1st April, 2014. You may refer Notification No. S.O. 902(E) issued dated 27-03-2014. In this article, you will learn detail of the provisions of section 399 the Companies Act 2013 read with the Companies (Registration Offices and Fees) Rules, 2014.
| 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. | XXIV |
| Chapter Name | Registration offices and fees |
| Section No. | 399 |
| Section Name | Inspection, production and evidence of documents kept by Registrar |
| Monthly Updated Edition | Company Law PDF |
Section 399 of Companies Act 2013: Inspection, production and evidence of documents kept by Registrar
Section 399 shall come into force on 1st April, 2014 vide Notification No. S.O. 902(E) issued dated 27.03.2014 except reference of word ‘Tribunal’ in sub-section (2) which was come into force on 1st June, 2016 vide Notification No. S.O. 1934(E) issued dated 01.06.2016.
(1) Save as otherwise provided elsewhere in this Act, any person may—
- (a) inspect by electronic means any documents kept by the Registrar in accordance with the rules made, being documents filed or registered by him in pursuance of this Act, or making a record of any fact required or authorised to be recorded or registered in pursuance of this Act, on payment for each inspection of such fees as may be prescribed;
- (b) require a certificate of the incorporation of any company, or a copy or extract of any other document or any part of any other document to be certified by the Registrar, on payment in advance of such fees as may be prescribed:
Provided that the rights conferred by this sub-section shall be exercisable—
- (i) in relation to documents delivered to the Registrar with a prospectus in pursuance of section 26, only during the fourteen days beginning with the date of publication of the prospectus; and at other times, only with the permission of the Central Government; and
- (ii) in relation to documents so delivered in pursuance of clause (b) of subsection (1) of section 388, only during the fourteen days beginning with the date of the prospectus; and at other times, only with the permission of the Central Government.
(2) No process for compelling the production of any document kept by the Registrar shall issue from any court or the Tribunal except with the leave of that court or the Tribunal and any such process, if issued, shall bear thereon a statement that it is issued with the leave of the court or the Tribunal.
(3) A copy of, or extract from, any document kept and registered at any of the offices for the registration of companies under this Act, certified to be a true copy by the Registrar (whose official position it shall not be necessary to prove), shall, in all legal proceedings, be admissible in evidence as of equal validity with the original document.