CHAPTER XVII
REGISTERED VALUERS
247. (1) Where a valuation is required to be made in respect of any property, stocks,
shares, debentures, securities or goodwill or any other assets (herein referred to as the
assets) or net worth of a company or its liabilities under the provision of this Act, it shall be
valued by a person having such qualifications and experience and registered as a valuer in
such manner, on such terms and conditions as may be prescribed and appointed by the audit
committee or in its absence by the Board of Directors of that company.
(2) The valuer appointed under sub-section (1) shall,—
(a) make an impartial, true and fair valuation of any assets which may be required
to be valued;
(b) exercise due diligence while performing the functions as valuer;
(c) make the valuation in accordance with such rules as may be prescribed; and
(d) not undertake valuation of any assets in which he has a direct or indirect
interest or becomes so interested at any time during or after the valuation of assets.
(3) If a valuer contravenes the provisions of this section or the rules made thereunder,
the valuer shall be punishable with fine which shall not be less than twenty-five thousand
rupees but which may extend to one lakh rupees:
Provided that if the valuer has contravened such provisions with the intention to
defraud the company or its members, he shall be punishable with imprisonment for a term
which may extend to one year and with fine which shall not be less than one lakh rupees but
which may extend to five lakh rupees.
(4) Where a valuer has been convicted under sub-section (3), he shall be liable to—
(i) refund the remuneration received by him to the company; and
(ii) pay for damages to the company or to any other person for loss arising out
of incorrect or misleading statements of particulars made in his report.
Application
of certain
provisions to
proceedings
under section
241 or section
245
Valuation by
registered
valuers.
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