1. The expenses of, and incidental to, an investigation by an inspector appointed by the Central Government under this Chapter other than expenses of inspection under section 214 shall be defrayed in the first instance by the Central Government, but shall be reimbursed by the following persons to the extent mentioned below, namely:—
a. any person who is convicted on a prosecution instituted, or who is ordered to pay damages or restore any property in proceedings brought, under section 224, to the extent that he may in the same proceedings be ordered to pay the said expenses as may be specified by the court convicting such person, or ordering him to pay such damages or restore such property, as the case may be;
b. any company or body corporate in whose name proceedings are brought as aforesaid, to the extent of the amount or value of any sums or property recovered by it as a result of such proceedings;
c. unless, as a result of the investigation, a prosecution is instituted under section 224,
i. any company, body corporate, managing director or manager dealt with by the report of the inspector; and
ii. the applicants for the investigation, where the inspector was appointed under section 213, to such extent as the Central Government may direct.
2. Any amount for which a company or body corporate is liable under clause (b ) of sub-section (1 ) shall be a first charge on the sums or property mentioned in that clause.
Legal Commentary & Landmark Judgments: Section 225
Section 225 of the Companies Act, 2013 governs the defrayment and apportionment of expenses incurred in corporate investigations, establishing the Central Government's right of reimbursement from convicted persons, ordered parties, and petitioning applicants, recoverable as arrears of land revenue.
When representing directors who have negotiated a compounding of offenses or secured an acquittal in proceedings arising from an investigation, immediately resist any recovery citation issued by the District Collector under Section 225(2) for investigation expenses. Establish that absence of a formal criminal conviction or damages decree under Section 224 bars the state from invoking summary land revenue recovery procedures against individual directors.