Section 186 - Power of Tribunal to order meeting to be called. - Companies Act, 1956

Power of Tribunal to order meeting to be called. [1] [186. (1) If for any reason it is impracticable to call a meeting of a company, other than an annual general meeting, in any manner in which meetings of the company may be called, or to hold or conduct the meeting of the company in the manner prescribed by this Act or the articles, the Tribunal may, either of its own motion or on the application of any director of the company, or of any member of the company who would be entitled to vote at the meeting, (a) order a meeting of the company to be called, held and conducted in such manner as the Tribunal thinks fit; and (b) give such ancillary or consequential directions as the Tribunal thinks expedient, including directions modifying or supplementing in relation to the calling, holding and conducting of the meeting, the operation of the provisions of this Act and of the company's articles. Explanation . The directions that may be given under this sub-section may include a direction that one member of the company present in person or by proxy shall be deemed to constitute a meeting. (2) Any meeting called, held and conducted in accordance with any such order shall, for all purposes, be deemed to be a meeting of the company duly called, held and conducted.] ---------------------------------------- Notes:- [1] Substituted by the Companies (Second Amendment) Act, 2002, w.e.f. a date yet to be notified. Prior to its substitution, section 186, as amended by the Companies (Amendment) Act, 1974, w.e.f. 1-2-1975 read as under: for the following: "186. Power of 1 [Company Law Board] to order meeting to be called 2 . (1) If for any reason it is impracticable to call a meeting of a company, other than an annual general meeting, in any manner in which meetings of the company may be called, or to hold or conduct the meeting of the company in the manner prescribed by this Act or the articles, the 3 [Company Law Board] may, either of its own motion or on the application of any director of the company, or of any member of the company who would be entitled to vote at the meeting, (a) order a meeting of the company to be called, held and conducted in such manner as the 4 [Company Law Board] thinks fit; and (b) give such ancillary or consequential directions as the 5 [Company Law Board] thinks expedient, including directions modifying or supplementing in relation to the calling, holding and conducting of the meeting, the operation of the provisions of this Act and of the company's articles. Explanation . The directions that may be given under this sub-section may include a direction that one member of the company present in person or by proxy shall be deemed to constitute a meeting. (2) Any meeting called, held and conducted in accordance with any such order shall, for all purposes, be deemed to be a meeting of the company duly called, held and conducted." ---------------------------- Notes:- 1 Substituted by the Companies (Amendment) Act, 1974, Act 41 of 1974, section 14, for "Court", w.e.f. 1-2-1975. 2 Fees prescribed is Rs. 500, w.e.f. 1-4-2000. On notification of the commencement of the amendment, power will be transferred to the National Company Law Tribunal. 3 Substituted by the Companies (Amendment) Act, 1974, Act 41 of 1974, section 14, for "Court", w.e.f. 1-2-1975. 4 Substituted by the Companies (Amendment) Act, 1974, Act 41 of 1974, section 14, for "Court", w.e.f. 1-2-1975. 5 Substituted by the Companies (Amendment) Act, 1974, Act 41 of 1974, section 14, for "Court", w.e.f. 1-2-1975.