The Indian Companies Act 1866, 10 of 1866, (Rep., Act 6 of 1882)

Section 58. It sliall be tlie duty of all Officers ancl Agents of the Company to produce for the examination of

Repealed or not in force · As amended up to 2026-08

58. It sliall be tlie duty of all Officers ancl Agents of the Company to produce for the examination of tlie Inspectors all books and Inspection of books. docurnelits in their custody or power. Any Inspector may examine upon oath or affirlnation tlie Officers and Agents of the Company in relation to its business, and may administer such oath or affismalioll accordingly. If any such Officer or Agent refuses to produce any book or document hereby directed to be produced, or to answer any questioii relating to the affairs of the Company, he shall i n m r a penalty not exoccding one hundred rupees in respect of each offence. . `59.` Upon the con~lusion of the examination, the Inspectors shall report ltesult of examinatheir opinions to the Local Government. Such 'elsort sliall 'o' be mitten or printed as the Local Government directs. A copy shall be forwardecl by the Local Government to the registered Office of tlie Company, and a further copy shall, at tlie request of the members upon whose application the inspectioil was made, be delivered to them or to any olze or more of them. All expenses of and incidelital to any such examinatjon as aforesacid shall be defrayed by the members LI~OII whose application the Tlzspectors were appointed, unless the Local Governtlient shall direct the sanie to be paid out of the assets of the Coinl~aiiy, which the Local Goveriiment is hereby authorized to do. 60. Ally Company under this Act may, by a Special Resolution, appoint Power of Compauy Inspectors for the purpose of examining illto the affairs of to appoint Illspectors, tlie Company. The Inspectors so appointecl shall have the same powers a11d perform the same duties as Inspectors al~pointcd by the Local Goveniment,, wit11 this exception, that, instead of making thcir report to tllc Local Govei~nn~cill., they shall malie tbe same in such rnniznel. ;u~ld i,o suell persoils as tlie Corllpany ill Gellcrsl alcetiiig directs. 'I.'lle Ofi cc~s and Agelits ' - `8` % ACT* No. X OF 1866. of the Company shall incur the same penalties, in case of any refusal to produce any book or document hereby required to be produced to such Inspectors or to answer any question, as they would have incurred if such Inspectors had been appointed by the Local Government. 61. A copy of the report of any Inspectors appdillted uncler this Act, authenticated by the seal of the Comp6ny into whose affairs lteport of Inspectors to be evidence. they have made inspection, shall be admissible in any legal proceeding as evidence of the opinion of the Inspectors in relation to m y matter contained in such report. proceeding as evidence of the opinion of the Inspectors in relation to m y Notices. 62. Any summons, notice, order or other document required to be served Service of notices on[uponthe Company, may be served by leaving the same, or ] Company. sending it through the Post by a registered letter addressed to the Company, at their registered Office ; and any notice to tlie Registrar of Joint Stock Companies may be served by sending it to him through the Post by a registered letter, or by delivering it to him, or by leaving it for `him` at his Office. 63.[Every document to be served by Post on the Company shall be posted ] Rules as to notices[in ][such time as to admit of its being delivered in the due ] by letter. course of delive~y within tlie period (if any) preac~ibed for the service thereof ; and in proving service of such document, it shall be sufficient to prove that such document was pmpedy directed, and that it was put as a registered letter into the Post Office. 64.[Any suminons, notice, order or proceeding r e q ~ i n g autllentication ] Autheutication of . by tlie Company, may be signed by any Director, Secretary, notices by Company. or otlier authorized Officer of the Coiqany, and need not be under the common seal of the Company, and the same may be in writing or in print, or partly in Griting and partly in print. Legal P~oceediqzgs. 65.[Every Coinpu~y u u a e ~ ] this Act sliall cause Minutes of all Resolutioi~s ancl p~oceedings of-Ge11wn1 Meetings of the Coltipany, aatd of XI-idcnce of procecdlngs at mccti~lgs. the ?X~ecto~s 019Iaungc:1~ of tlle Gompan!; ill cases nrhere t1lel.e are ~ i r . ~ ~ i , o Y ~ ' r &]anngers, lo !>c dnl? enie~cd ill booli~ to `hi:` E~OKL tiiile to time !j ACT No. X OF 1866. time provided for the purpose ; and any such Minute as aforesaid, if purporting to be signed by the Chairman of the meeting ah rvhicll suoh Resolutiuns were passed or proceedings had, or by the Chairman of the next succeeding meeting, shall be received as evidence in all legal proceedings. Until tlie contrary is proved, every General Meeting of the Company or meeting of -Directors or Managers in respect of the proceedings of which Minutes have been so made shall be deemed to have been duly hold and convened, and all Resolutions pnssed thereat or proceedings had, to have been duly passed and had, and all appointments of Directors, Managers or Liquidakors shall be deemed to be valid, and all acts done by sucli Directors, Managers or Liqnidators shall be valid, notwithstanding any defect that may afterwards be discovered in their appointments or qualifications. Until tlie contrary 66. Where a Lirnitcd Compaiiy is plaintiff in any suit, any Judge 11av:ng Provision as to costs[jurisdiction in the matter may, if ][it ][appears by any credible ] in certain ~ i m i t e h corn- t by[testimony that there is reason to believe that if the defend- ] panies. ant be succcssful in his defence, the assets of the Colnpany will be insufficient to pay his costs, 'equire sufficient security to be given for such costs, and may stay all proceedings until such security is given.

Source: India Code