Companies Act, 2013

Section 216

Power of Central Government to issue directions

⚡ Quick Answer Reference: Section 216 Companies Act

Provision: Section 216 of Companies Act
Act: Companies Act, 2013
Classification: corporate
Jurisdiction: India
Summary: The Central Government can issue directions to the Registrar and Regional Directors if it considers it necessary for better discharge of its functions under the Companies Act, 2013. These directions must be complied with by the Registrar and Regional Directors.

Statutory Content

What does Section 216 of Companies Act say?

The Central Government may, if it considers necessary or expedient so to do for the better discharge of its functions under this Act, issue directions to the Registrar and the Regional Directors, and such directions shall be complied with by the Registrar and the Regional Directors.

Indian StandardSection 216, Companies Act, 2013

Bluebook (21st ed.)Companies Act, 2013, § 216 (India)

Court Pleading StandardSection 216 of the Companies Act, 2013

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).

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Section Meaning & Purpose

What does Section 216 of Companies Act mean?

Plain English Explanation

The Central Government can issue directions to the Registrar and Regional Directors if it considers it necessary for better discharge of its functions under the Companies Act, 2013. These directions must be complied with by the Registrar and Regional Directors.

Practical Interpretation

This section empowers the Central Government to take control measures to ensure effective functioning of the Registrar and Regional Directors. It allows the Central Government to issue directions to these officials, which they must follow.

Core Legal Purpose

The core purpose of this section is to enable the Central Government to issue directions to the Registrar and Regional Directors for the better discharge of its functions under the Companies Act, 2013.

Key Legal Elements

•The Central Government must consider it necessary or expedient to issue directions.
•The directions must be for the better discharge of its functions under the Companies Act, 2013.
•The directions must be issued to the Registrar and Regional Directors.
•The directions must be complied with by the Registrar and Regional Directors.

Practical Example

Practical Example of Section 216 Companies Act

Suppose the Central Government wants to ensure that all companies register their annual returns on time. It can issue a direction to the Registrar to take necessary steps to ensure timely registration. The Registrar must comply with this direction and take necessary actions to implement it.

Common Questions (FAQ)

Frequently Asked Questions about Section 216 Companies Act

Q: What is the punishment or consequence under Section 216 of Companies Act, 2013?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to the Registrar and Regional Directors, who are public entities.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.

Common Questions about Section 216 Companies Act

What is Section 216 of Companies Act?

Section 216 of the Companies Act, 2013 (Companies Act) defines and regulates "Power of Central Government to issue directions". In plain terms: The Central Government can issue directions to the Registrar and Regional Directors if it considers it necessary for better discharge of its functions under the Companies Act, 2013. These directions must be complied with by the Registrar and Regional Directors.

What are the elements of Section 216 of Companies Act?

The essential elements of Section 216 of Companies Act are: The Central Government must consider it necessary or expedient to issue directions.; The directions must be for the better discharge of its functions under the Companies Act, 2013.; The directions must be issued to the Registrar and Regional Directors..

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