Section 6B:
Provision for securing compliance with requirements relating to capital structure.
(1) For the purpose of enabling any public company carrying on 1[life or general or health insurance or
re-insurance business] to bring its capital structure into conformity with the requirements of section 6A,
an officer appointed on this behalf by the 2[Authority] may, notwithstanding anything contained in the
Indian Companies Act, 1913 (7 of 1913): --
(a) examine any scheme proposed for the purpose aforesaid by the directors of the company:
Provided that--
(i) the scheme has been placed before a meeting of the share holders for their opinion and has
been forwarded to the officer together with the opinion of the shareholders thereon, and
(ii) the scheme does not involve any diminution of the liability of the shareholders in respect
of unpaid-up share capital;
(b) invite objections and suggestions in respect of the scheme so proposed; and
(c) after considering such objections and suggestions to the scheme so proposed, sanction it with
such modifications as he may consider necessary or desirable.
(2) Any shareholder or other person aggrieved by the decision of the officer sanctioning a scheme
under sub-section (1) may, within ninety days of date of the order sanctioning the scheme, prefer an
appeal to the 3[Securities Appellate Tribunal] within whose jurisdiction the registered office of the insurer
is situate for the purpose of modifying or correcting any such scheme for the purpose specified in
sub-section (1).
(3) The decision of the 4[Securities Appellate Tribunal] where an appeal has been preferred to it under
sub-section (2), or of the officer aforesaid where no such appeal has been preferred, shall be final and
binding on all the shareholders and other persons concerned.
5* * * * *
Notes:
1. Subs. by s. 13, ibid., for "life insurance business" (w.e.f. 26-12-2014).
2. Subs. by s. 13, ibid., for "Central Government" (w.e.f. 26-12-2014).
3. Subs. by s. 13, ibid., for "High Court" (w.e.f. 26-12-2014).
4. Subs. by Act 5 of 2015, s. 13, for "High Court" (w.e.f. 26-12-2014).
5. Sub-section (4) omitted by Act 5 of 2015, s. 13 (w.e.f. 26-12-2014).