Section 59:
Rectification of register of members.
(1) If the name of any person is, without sufficient
cause, entered in the register of members of a company, or after having been entered in the register, is,
without sufficient cause, omitted there from, or if a default is made, or unnecessary delay takes place in
entering in the register, the fact of any person having become or ceased to be a member, the person
aggrieved, or any member of the company, or the company may appeal in such form as may be
prescribed, to the Tribunal, or to a competent court outside India, specified by the Central Government by notification, in respect of foreign members or debenture holders residing outside India, for rectification of
the register.
(2) The Tribunal may, after hearing the parties to the appeal under sub-section (1) by order, either
dismiss the appeal or direct that the transfer or transmission shall be registered by the company within a
period of ten days of the receipt of the order or direct rectification of the records of the depository or the
register and in the latter case, direct the company to pay damages, if any, sustained by the party
aggrieved.
(3) The provisions of this section shall not restrict the right of a holder of securities, to transfer such
securities and any person acquiring such securities shall be entitled to voting rights unless the voting
rights have been suspended by an order of the Tribunal.
(4) Where the transfer of securities is in contravention of any of the provisions of the Securities
Contracts (Regulation) Act, 1956 (42 of 1956), the Securities and Exchange Board of India Act, 1992
(15 of 1992) or this Act or any other law for the time being in force, the Tribunal may, on an application
made by the depository, company, depository participant, the holder of the securities or the Securities and
Exchange Board, direct any company or a depository to set right the contravention and rectify its register
or records concerned.
1* * * * *.
Notes:
1. Sub-section (5) omitted by Act 29 of 2020, s. 10 (w.e.f. 21-12-2020).