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TypeBare Act JurisdictionCentral Government

Companies Act, 1956 Section 173

Explanatory Statement to Be Annexed to Notice

~2 min read
https://sooperkanoon.com/act/11090

Bare act section · Research

About this section

Companies Act, 1956 Section 173 is part of Companies Act, 1956 - Explanatory Statement to Be Annexed to Notice. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

(1) For the purposes of this section -

(a) in the case of an annual general meeting, all businesses to be transacted at the meeting shall be deemed special, with the exception of business relating to (i) the consideration of the accounts, balance-sheet and the reports of the Board of directors and auditors, (ii) the declaration of a dividend, (iii) the appointment of directors in the place of those retiring, and (iv) the appointment of, and the fixing of the remuneration of, the auditors; and

(b) in the case of any other meeting, all business shall be deemed special.

(2) Where any items of business to be transacted at the meeting are deemed to be special as aforesaid, there shall be annexed to the notice of the meeting a statement setting out all material facts concerning each such item of business, including in particular1[the nature of the concern or interest], if any, therein or every director2[***] and the manager, if any:

3[Provided that where any item of special business as aforesaid to be transacted at a meeting of the company relates to, or affects, any other company the extent of shareholding interest in that other company of every director2[***] and the manager, if any, of the first-mentioned company shall also be set out in the statement if the extent of such shareholding interest is not less than twenty per cent of the paid-up share capital of that other company.]

(3) Where any item of business consists of the according of approval to any document by the meeting, the time and place where the document can be inspected shall be specified in the statement aforesaid.

______________________

1 . Substituted by Act 65 of 1960, Section 46, for "the nature and extent of the interest" (w.e.f. 28-12-1960).

2. The words ", the managing agent, if any, the secretaries and treasurers, if any," omitted by Act 53 of 2000, Section 74 (w.e.f. 13-12-2000).

3. Inserted by Act 65 of 1960, Section 46 (w.e.f. 28-12-1960).

Frequently asked questions

What does Companies Act, 1956 Section 173 provide?

Section Section 173 of the Companies Act, 1956 (Explanatory Statement to Be Annexed to Notice) is reproduced on this page as part of the Companies Act, 1956. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Companies Act, 1956 Section 173?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Companies Act, 1956 Section 173. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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