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[Cites 0, Cited by 6] [Section 245] [Entire Act]

Union of India - Subsection

Section 245(1) in The Companies Act, 1956

(1)The expenses of and incidental to an investigation by an inspector appointed by the Central Government under section 235 or 237 shall be defrayed in the first instance by the Central Government; but the following persons shall, to the extent mentioned below, be liable to reimburse the Central Government in respect of such expenses:-
(a)any person who is convicted on a prosecution instituted in pursuance of section 242, or who is ordered to pay damages or restore any property in proceedings brought by virtue of section 244, may, in the same proceedings, be ordered to pay the said expenses to such extent as may be specified by the Court convicting such person, or ordering him to pay such damages or restore such property, as the case may be;
(b)any company or body corporate in whose name proceedings are brought as aforesaid shall be liable, to the extent of the amount or value of any sums or property recovered by it as a result of the proceedings; and
(c)unless, as a result of the investigation, a prosecution is instituted in pursuance of section 242,-
(i)[ any company, body corporate, [* * *][Managing Director or manager dealt with by the report of the inspector shall be liable to reimburse the Central Government in respect of the whole of the expenses, unless and except in so far as, the Central Government otherwise directs; and] [Substituted by Act 65 of 1960, Section 78, for sub-Clause (i) (w.e.f. 28.12.1960). ]
(ii)the applicants for the investigation, where the inspector was appointed [in pursuance of the provisions of sub-section (2)] [ Substituted by Act 31 of 1988, Section 40, for " under clause (a) or clause (b)" (w.e.f. 31.5.1991).] of section 235 shall be liable to such extent, if any, as the Central Government may direct.