Section 98: Power of Tribunal to call meetings of members, etc
This section allows the Tribunal to intervene and call a meeting of a company's members if it's impracticable to do so in the usual manner, and to give directions on how the meeting should be conducted.
The section, clause by clause
What the section says
In plain terms
(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,—
The Tribunal can order a meeting of a company to be called and conducted in a manner it sees fit if it's impracticable to call or hold the meeting in the usual way, and it can also give additional directions to modify the company's articles or the Act's provisions.
(1)(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.
A meeting called and held under the Tribunal's order is considered a duly called and conducted meeting of the company for all purposes.
The right-hand column is written from the section text, not quoted from it, and it has no legal force. Where the two differ, the left-hand column is the law.
Amendment notes
- 1. Subs. by Act 1 of 2018, s. 26, for “Provided that” (w.e.f. 13-6-2018).
- 1. Ins. by Act 1 of 2018, s. 27 (w.e.f. 9-2-2018).
- 2. The proviso subs. by s. 28, ibid., (w.e.f. 9-2-2018).
Referred to by
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Reproduced from the official India Code print for reference. Check the current text on India Code before you rely on it, and read the section alongside its Rules. Nothing here is legal advice.