Procedure when corporation or registered society is an accused
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Summary
A corporation or a registered society may appoint a representative to appear for it in any inquiry or trial. If that representative appears, anything required to be done in the presence of the accused, or read, stated, explained to the accused, or any examination of the accused, is done to or of the representative. A signed appointment by the managing director is presumed valid unless disproved, and the court decides disputes about who is the representative.
Example
Priya runs a registered society that faces an inquiry. The society files a statement signed by its managing director naming Aditya as its representative. At the hearing the court treats Aditya as the accused for reading documents and for examination, unless someone proves he was not appointed.
Bare Act
Enacted text(1) In this section, "corporation" means an incorporated company or other body corporate, and includes a society registered under the Societies Registration Act, 1860.
(2) Where a corporation is the accused person or one of the accused persons in an inquiry or trial, it may appoint a representative for the purpose of the inquiry or trial and such appointment need not be under the seal of the corporation.
(3) Where a representative of a corporation appears, any requirement of this Sanhita that anything shall be done in the presence of the accused or shall be read or stated or explained to the accused, shall be construed as a requirement that that thing shall be done in the presence of the representative or read or stated or explained to the representative, and any requirement that the accused shall be examined shall be construed as a requirement that the representative shall be examined.
(4) Where a representative of a corporation does not appear, any such requirement as is referred to in sub-section (3) shall not apply.
(5) Where a statement in writing purporting to be signed by the managing director of the corporation or by any person duly authorised by him (by whatever name called) having, or being one of the persons having the management of the affairs of the corporation to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section, is filed, the Court shall, unless the contrary is proved, presume that such person has been so appointed.
(6) If a question arises as to whether any person, appearing as the representative of a corporation in an inquiry or trial before a Court is or is not such representative, the question shall be determined by the Court.
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