Power of Central Government of Tribunal to accord approval, etc., subject to conditions and to prescribe fees on applications
Section 459 of the Companies Act, 2013 deals with power of Central Government of Tribunal to accord approval, etc., subject to conditions and to prescribe fees on applications. Where the Central Government or the Tribunal is required or authorised by any provision of this Act-- (a) to accord approval, sanction, consent, confirmation or recognition to, or in relation to, any matter; The Act came into force on 01 Apr 2014.
(1) Where the Central Government or the Tribunal is required or authorised by any provision of this Act--
(a) to accord approval, sanction, consent, confirmation or recognition to, or in relation to, any matter; or
(b) to give any direction in relation to any matter; or
(c) to grant any exemption in relation to any matter,
then, the Central Government or the Tribunal may in the absence of anything to the contrary contained in that provision or any other provision of this Act, accord, give or grant such approval, sanction, consent, confirmation, recognition, direction or exemption, subject to such conditions, limitations or restrictions as it may think fit to impose and may, in the case of a contravention of any such condition, limitation or restriction, rescind or withdraw such approval, sanction, consent, confirmation, recognition, direction or exemption.
(2) Save as otherwise provided in this Act, every application which may be, or is required to be, made to the Central Government or the Tribunal under any provision of this Act--
(a) in respect of any approval, sanction, consent, confirmation or recognition to be accorded by that Government or the Tribunal to, or in relation to, any matter; or
(b) in respect of any direction or exemption to be given or granted by that Government or the Tribunal in relation to any matter; or
(c) in respect of any other matter,
shall be accompanied by such fees as may be prescribed:
Provided that different fees may be prescribed for applications in respect of different matters or in case of applications by different classes of companies.
Section 459, The Companies Act, 2013 (Act 18 of 2013).
Made under this section, and citing it
4 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
- G.S.R. NO. 46(E) companies Miscellaneous rules 2023 dated 20.01.2023Rule 2023
- G.S.R NO. 831(E) Companies registered valuers amendment rules 2022 dated 21.11.2022Rule 2022
- Companies (Registered Valuers and Valuation) Rules, 2017Rule 2017
- Chapter XXIX - The Companies (Miscellaneous) Rules, 2014 and Companies (Adjudication of Penalties) Rules, 2014.Rule 2014
Another 2 instruments name this provision in its title or its text without being made under it.
Questions about Section 459
What does Section 459 of the Companies Act deal with?
Section 459 of the Companies Act is headed "Power of Central Government of Tribunal to accord approval, etc., subject to conditions and to prescribe fees on applications". Where the Central Government or the Tribunal is required or authorised by any provision of this Act-- (a) to accord approval, sanction, consent, confirmation or recognition to, or in relation to, any matter;
How do I find court cases under Section 459 of the Companies Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Companies Act 459, section 459 Companies Act, section 459 of the Companies Act. People searching for it also type companies act 1985 s 459. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 459 of the Companies Act, and has it changed?
The rules and notifications made under it are where it actually bites, and there are 4: most recently G.S.R. NO. 46(E) companies Miscellaneous rules 2023 dated 20.01.2023 (2023), then G.S.R NO. 831(E) Companies registered valuers amendment rules 2022 dated 21.11.2022 (2022), and 2 more.
When did Section 459 of the Companies Act come into force?
Section 459 of the Companies Act, cited as Companies Act 459, came into force on 01 Apr 2014, having been enacted on 29 Aug 2013. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions5089 words
- 143. Powers and duties of auditors and auditing standards1867 words
- 230. Power to compromise or make arrangements with creditors and members1432 words
- 232. Merger and amalgamation of companies1416 words
- 149. Company to have Board of Directors1403 words
- 217. Procedure, powers, etc., of inspectors1390 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.