(1) Where it appears to the Central Government or to the Company Law Board or any proceedings before it that there is good reason to investigate the ownership of any shares in or debentures of a company or of a body corporate and that it is unnecessary to appoint an inspector for the purpose, the Central Government or the Company Law Board, as the case may be may require any person whom it has reasonable cause to believe -
(a) to be, or to have been, interested in those shares or debentures; or
(b) to act, or to have acted, in relation to those shares or debentures, as the legal adviser or agent of someone interested therein;
to give the Central Government or the Company Law Board, as the case may be any information which he has, or can reasonably be expected to obtain, as to the present and past interests in those shares or debentures, and the names and addresses of the persons interested and of any persons who act or have acted on their behalf in relation to the shares or debentures.
(2) For the purposes of sub-section (1), a person shall be deemed to have an interest in a share or debenture -
(a) if he has any right to acquire or dispose of the share or debenture or any interest therein or to vote in respect thereof;
(b) if his consent is necessary for the exercise of any of the rights of other persons interested therein; or
(c) if other persons interested therein can be required, or are accustomed, to exercise their rights in accordance with his directions or instructions.
(3) Where it appears to the Central Government that there is good reason to investigate the ownership of any interest in a firm which [acts or] has acted as managing agent or as secretaries and treasurers of any company, and that it is unnecessary to appoint an inspector for the purpose, the Central Government may require any person whom it has reasonable cause to believe -
(a) to have, or to have had, any interest in the firm; or
(b) to act, or to have acted, in relation to any such interest, as the legal adviser or agent of someone interested therein;
to give the Central Government any information which he has, or can reasonably be expected to obtain, as to the present and past interests held in the firm, and the names and addresses of the persons interested and of any persons who act or have acted on their behalf in relation to any such interest,
(4) Any person -
(a) who fails to give any information required of him, under this section; or
(b) who, in giving any such information, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular;
shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
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