Inspection, production and evidence of documents kept by Registrar (Section 399 of the Companies Act, 2013) :

Section 399 of the Companies Act, 2013 provides for Inspection, production and evidence of documents kept by Registrar. According to this section:

(i) Save as otherwise provided elsewhere in this Act, any person may—

(a) inspect by electronic means any documents kept by the Registrar in accordance with the rules made, being documents filed or registered by him in pursuance of this Act, or making a record of any fact required or authorised to be recorded or registered in pursuance of this Act, on payment for each inspection of such fees as may be prescribed;

(b) require a certificate of the incorporation of any company, or a copy or extract of any other document or any part of any other document to be certified by the Registrar, on payment in advance of such fees as may be prescribed:

(ii) The rights conferred as mentioned above shall be exercisable—

(a) in relation to documents delivered to the Registrar with a prospectus in pursuance of section 26 (Matters to be stated in the prospectus), only during the 14 days beginning with the date of publication of the prospectus; and at other times, only with the permission of the Central Government; and

(b) in relation to documents so delivered in pursuance of clause (b) of subsection (1) of section 388 (Provisions as to expert‟s consent and allotment), only during the 14 days beginning with the date of the prospectus; and at other times, only with the permission of the Central Government.

(iii) According to section 399(2) of the Companies Act, 2013, no process for compelling the production of any document kept by the Registrar shall issue from any court or the Tribunal except with the leave of that court or the Tribunal and any such process, if issued, shall bear thereon a statement that it is issued with the leave of the court or the Tribunal.

(iv) A copy of, or extract from, any document kept and registered at any of the offices for the registration of companies under this Act, certified to be a true copy by the Registrar (whose official position it shall not be necessary to prove), shall, in all legal proceedings, be admissible in evidence as of equal validity with the original document.

According to Rule 14 of the Companies (Registration Offices and Fees) Rules, 2014, the inspection of the documents maintained in the electronic registry so set up in pursuance of rule 9 of the Companies (Registration Offices and Fees) and which are otherwise available for inspection under the Act or rules made thereunder, shall be made by any person in electronic form.

Inspection of documents- Rule 15 of the Companies (Registration Offices and Fees) Rules, 2014, provides that any person may-

(a) inspect any document kept by the Registrar, being documents filed or registered by him in pursuance of this Act or the Companies Act, 1956 (1 of 1956) or making a record of any fact required or authorised to be recorded or registered in pursuance of this Act, on payment for each inspection of fee.

(b) require a certificate of incorporation of any company, or a copy or extract of any other document or any part of any other document to be certified by the Registrar, on payment of fee.

Provided that no person shall be entitled under section 399 to inspect or obtain copies of resolutions passed in pursuance of section 179(3) as referred to in clause (g) of subsection (3) of section 117 of the Act.