Section 467: Power of Central Government to amend Schedules

Companies Act • Official Statutory Text & Practice Guide

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Act 2013
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Legal Commentary & Landmark Judgments: Section 467

Section 467 authorizes the Central Government to amend, alter, or add to any of the requirements contained in Schedules I to VII of the Companies Act, 2013 by notification in the Official Gazette, subject to parliamentary scrutiny.

  • Executive Power to Update Statutory Schedules: Empowers the Central Government to alter or supplement Schedules I (charter tables), II (depreciation), III (financial statements), IV (independent directors), V (managerial remuneration), VI, and VII (CSR).
  • Negative Condition on Substantive Enactments: Prohibits the Central Government from making alterations in the Schedules that conflict with or modify the substantive sections of the Act.
  • Mandatory Tabling before Parliament: Requires every alteration made under this section to be laid before both Houses of Parliament for thirty days, subject to legislative annulment or modification.
Key Landmark Precedents:
  • Gammon India Ltd. v. Union of India, (1974) 1 SCC 596: Held that executive powers to amend statutory schedules or tables are valid forms of subordinate legislation designed to accommodate changing commercial and technological realities.
  • Rajnarain Singh v. Chairman, Patna Administration Committee, AIR 1954 SC 569: Affirmed that subordinate legislation amending schedules cannot alter the essential legislative policy or substantive framework established by Parliament.
  • D.S. Garewal v. State of Punjab, AIR 1959 SC 512: Clarified the constitutional limits of delegated power to modify administrative schedules and procedural rules.
Courtroom Practice & Strategic Litigation Guidance:

When preparing financial statements (Schedule III) or structuring managerial remuneration (Schedule V), verify the latest MCA notifications amending the Schedules under Section 467; non-compliance with amended Schedule requirements renders accounts defective under Section 129.