Section Text
(1) The provisions of Part V (sections 124 to 145); shall apply mutatis mutandis to--
(a) charges on properties in India which are created by a foreign company after the 15th day of January, 1937; and
(b) charges on property in India which is acquired by any foreign company after the day aforesaid:
Provided that where a charge is created, or the completion of the acquisition of the property takes place, outside India, sub-section (5) of section 125 and the proviso to sub-section (1) of section 127 shall have effect as if the property, wherever situated, were situated outside India.
(2) The provisions of section 118 shall apply mutatis mutandis to a foreign company.
(3) 1 [(a)] The provisions of section 209 shall apply to a foreign company to the extent of requiring it to keep at its principal place of business in India the books of account referred to in that section, with respect to moneys received and expended, sales and purchases made, and assets and liabilities, in the course of of in relation to its business in India.
2 [(b) On and from the commencement of the Companies (Amendment) Act, 1974,--
(i) the provisions of section 159 shall, subject to such modifications or adaptations as may be made therein by the rules made under this Act, apply to a foreign company having an established place of business in India, as they apply to a company incorporated in India;
(ii) the provisions of sections 209, 209A 233A and 233B and sections 234 to 246 (both inclusive) shall, so far as may be, apply only to the Indian business of a foreign company having an established place of business in India, as they apply to a company incorporated in India.]
(4) In applying the sections referred to in sub-sections (1), (2) and (3) to a foreign company as aforesaid, references in those sections to the Registrar shall be deemed to be references to the Registrar having jurisdiction over New Delhi, and references to the registered office of the foreign company shall be deemed to be references to its principal place of business in India.
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1. Sub-section (3) re-lettered as clause (a) thereof by Act 41 of 1974, Section 33 (w.e.f. 1-2-1975).
2. Inserted by Act 41 of 1974, Section 33 (w.e.f. 1-2-1975).