Companies Act, 1956
Sec 465 - Constitution and proceedings of committee of
inspection.
(1) A committee of inspection appointed in
pursuance of section 464 shall consist of not more than twelve members, being
creditors and contributories of the company or persons holding general or
special powers of attorney from creditors or contributories, in such
proportions as may be agreed on by the meetings of creditors and
contributories, or in case of difference of opinion between the meetings, as
may be determined by the Court.
(2) The committee of inspection shall have the
right to inspect the accounts of the liquidator at all reasonable times.
(3) The committee shall meet at such times as
it may from time to time appoint, and the liquidator or any member of the
committee may also call a meeting of the committee as and when he thinks
necessary.
(4) The quorum for a meeting of the committee
shall be one-third of the total number of the members, or two, whichever is
higher.
(5) The committee may act by a majority of its
members present at a meeting, but shall not act unless a quorum is present.
(6) A member of the committee may resign by
notice in writing signed by him and delivered to the liquidator.
(7) If a member of the committee is adjudged
an insolvent, or compounds or arranges with his creditors, or is absent from
five consecutive meetings of the committee without the leave of those members
who, together with himself, represent the creditors or contributories, as the
case may be, his office shall become vacant.
(8) A member of the committee may be removed
at a meeting of creditors if he represents creditors, or at a meeting of
contributories if he represents contributories, by an ordinary resolution of
which seven days' notice has been given, stating the object of the meeting.
(9) On a vacancy occurring in the committee,
the liquidator shall forthwith summon a meeting of creditors or of
contributories, as the case may require, to fill the vacancy ; and the meeting
may, by resolution, reappoint the same, or appoint another, creditor or
contributory to fill the vacancy :
Provided that if the liquidator, having regard
to the position in the winding up, is of the opinion that it is unnecessary for
the vacancy to be filled, he may apply to the Court and the Court may make an
order that the vacancy shall not be filled, or shall not be filled except in
such circumstances as may be specified in the order.
(10) The continuing members of the committee,
if not less than two, may act notwithstanding any vacancy in the committee.