Bare Act Search Results

Companies Act, 1956 Part 3

Title: Prospectus and Allotment, and Other Matters Relating to Issue of Shares or Debentures

State: Central

Year: 1956

.....disclosed, he proves that he had no knowledge thereof; or (b) he proves that the non-compliance or contravention arose from an honest mistake of fact on his part; or (c) the non-compliance or contravention was in respect of matters which, in the opinion of the Court dealing with the case4[were immaterial] or was otherwise such as ought, in the opinion of that court, having regard to all the circumstances of the case, reasonably to be excused: Provided that no director or other person shall incur any liability in respect of the failure to include in a prospectus a statement with respect to the matters specified in clause 18 of Schedule II, unless it is proved that he had knowledge of the matters not disclosed. (5) This section shall not apply - (a) to the issue to existing members or debenture-holders of a company of a prospectus or form of application relating to shares in or debentures of the company whether an applicant for shares or debentures will or will not have the right to renounce in favour of other persons; or (b) to the issue of a prospectus or form of application relating to shares or debentures which are, or are to be, in all respects uniform with.....

The Jharkhand Government Premises (Allotment, Rent, Recovery and Eviction) Act, 2002 Complete Act

State: Jharkhand

Year: 2002

.....or a set of Government residences/quarters meant for allotment to different category of persons entitled to Government quarter/residences under any Act or Rule and notified as such under this Act or Rules framed thereunder. Section 2A - Creation of pools and allotments of quarters (Inserted by Act 8 of 1996.) [(1) The State Government may by notification create one or more pools and allocate Government premises (residences/quarters) to such pool or pools out of Government premises (residences/quarters) and may also transfer Government premises (residences/quarters) from one pool to another pool. (2) The State Government may allot Government premises (residences/quarters) to persons who are under the control of the executive power of the State Government or entitled for a residence/quarter under any other law.] Section 3 - Cancellation of allotment If any Government premises is required for any public purpose, the competent authority may, notwithstanding anything contained in any other law for the time being in force, cancel the allotment under which such premises, is held or occupied by a person : Provided that before canceling the allotment under this section, the.....

Companies Act, 1956 Section 75

Title: Return as to Allotments

State: Central

Year: 1956

.....of the company who is guilty of the contravention shall be punishable with fine which may extend to8[fifty thousand rupees].] (5) Nothing in this section shall apply to the issue and allotment by a company of shares which under the provisions of its articles were forfeited for non-payment of calls. _____________________ 1. Substituted by Act 31 of 1965, Section 62 and Schedule, for "one month" (w.e.f. 15-10-1965. 2. Added by Act 31 of 1965, Section 11 (w.e.f. 15-10-1965). 3. Substituted by Act 65 of 1960, Section 21, for clause (c) (w.e.f. 28-12-1960). 4. Substituted by Act 11 of 2003, Section 11 for "Court". 5 . Substituted by Act 31 of 1965, Section 11, for certain words (w.e.f. 15-10-1965). 6. Substituted by Act 53 of 2000, Section 31, for "five hundred rupees" (w.e.f. 13-12-2000). 7. Substituted by Act 31 of 1965, Section 11, for the proviso (w.e.f. 15-10-1965). 8. Substituted by Act 53 of 2000, Section 31, for "five thousand rupees" (w.e.f. 13-12-2000).

Companies Act, 1956 Section 71

Title: Effect of Irregular Allotment

State: Central

Year: 1956

(1) An allotment made by a company to an applicant in contravention of the provisions of section 69 or 70 shall be voidable at the instance of the applicant (a) within two months after the holding of the statutory meeting of the company, and not later, or (b) in any case where the company is not required to hold a statutory meeting or where the allotment is made after the holding of the statutory meeting, within two months after the date of the allotment, and not later. (2) The allotment shall be voidable as aforesaid, notwithstanding that the company is in course of being wound up. (3) If any director of a company knowingly contravenes, or wilfully authorises or permits the contravention of, any of the provisions of section 69 or 70 with respect to allotment, he shall be liable to compensate the company and the allottee respectively for any loss, damages or costs which the company or the allottee may have sustained or incurred thereby: Provided that proceedings to recover any such loss, damages or costs shall not be commenced after the expiration of two years from the date of the allotment.

Companies Act, 1956 Section 73

Title: Allotment of Shares and Debentures to Be Dealt in on Stock Exchange

State: Central

Year: 1956

.....debentures offered thereby to be dealt in on any stock exchange, unless it is a recognised stock exchange. _____________________ 1. Inserted by Act 31 of 1988, Section 10 (w.e.f. 15-6-1968). 2. Substituted by Act 41 of 1974, Section 8, for original sub-section (1) (w.e.f. 1-2-1975). 3. Sub-section (1) re-numbered as sub-section (1A) thereof by Act 31 of 1988, Section 10 (w.e.f. 15-6-1988). 4. Substituted by Act 31 of 1988, Section 10, for "application has been, or will be" (w.e.f. 15-6-1988). 5. Certain words omitted by Act 31 of 1988, Section 10 (w.e.f. 15-6-1988). 6. Substituted by Act 31 of 1988, Section 10, for "applied for as aforesaid" (w.e.f. 15-6-1988). 7. Substituted by Act 41 of 1974, Section 8, for "or has not been granted as aforesaid" (w.e.f. 1-2-1975). 8. Substituted by Act 31 of 1988, Section 10, for certain words (w.e.f. 15-6-1988). 9. Proviso omitted by Act 31 of 1988, Section 10 (w.e.f. 15-6-1988). 10. Inserted by Act 41 of 1974, Section 8 (w.e.f. 1-2-1975). 11. Substituted by Act 31 of 1988, Section 10, for certain words (w.e.f. 15-6-1988). 12. Substituted by Act 53 of 2000, Section 30, for "five thousand rupees" (w.e.f. 13-12-2000). .....

MERCHANT SHIPPING ACT, 1958 Section 136

Title: Allotment notes respecting seaman's wages

State: Central

Year: 1958

(1) A seaman may require that a stipulation be inserted in the agreement for the allotment, by means of an allotment1note, of any part (not exceeding three-fourths) of the amount of the monthly wages payable to him in favour of any such member of his family or any such relative or for any such purpose approved in this behalf by the Central Government by general or special order, as may be specified in the note. (2) Every shipping master or other officer before whom the seaman is engaged shall, after the seaman has signed the agreement, inquire from the seaman whether he requires such a stipulation for the allotment of his wages by means of an allotment note. (3) Whenever a seaman requires such a stipulation, the stipulation shall be inserted in the agreement of the crew, and such stipulation shall be deemed to have been agreed to by the master. (4) An allotment note shall be in the prescribed form and shall be signed by the owner, master or agent of the ship and by the seaman. ________________________ 1. Repayment of advances taken from specified officers approved as a purpose for which a seaman may make allotment of any part of his monthly wages -

Displaced Persons Compensation and Rehabilitation Act 1954 [Repealed] Section 19

Title: Power to Vary or Cancel Leases or Allotment of Any Property Acquired Under This Act

State: Central

Year: 1954

.....officer or the managing corporation may, having regard to such principles of assessment of damages as may be specified in this behalf by the Central Government, assess the damages on account of the use and occupation of such property and may, by order, require that person to pay the damages within such time and in such instalments as may be specified in the order: Provided that no such order shall be made without giving to the person concerned a reasonable opportunity of being heard..] ___________________________ 1. Substituted for "Sub-section (2) of Section 19" by the Displaced Persons (Compensation and Rehabilitation) (Amendment) Act, 1956, w.e.f 22-10-1956. 2. Inserted by the Displaced Persons (Compensation and Rehabilitation) (Amendment) Act, 1960, w.e.f. 27-02-1960.

Companies Act, 1956 Section 72

Title: Applications For, and Allotment Of, Shares and Debentures

State: Central

Year: 1956

.....who is knowingly guilty of, or wilfully authorises or permits, the contravention. (5) An application for shares in, or debentures of, a company, which is made in pursuance of a prospectus issued generally shall not be revocable until after the expiration of the fifth day after the time of the opening of the subscription lists, or the giving, before the expiry of the said fifth day by some person responsible under section 62 for the prospectus, of a public notice having the effect under that section of excluding, limiting or diminishing the responsibility of the person giving it. _____________________ 1. Substituted by Act 53 of 2000, Section 29, for "five thousand rupees" (w.e.f. 13-12-2000).

Companies Act, 1956 Section 266A

Title: Application for Allotment of Director Identification Number

State: Central

Year: 1956

1[266A. Application for allotment of Director Identification Number Every-- (a) individual, intending to be appointed as director of a company; or (b) director of a company appointed before the commencement of the Companies (Amendment) Act, 2006, shall make an application for allotment of Director Identification Number to the Central Government in such form, and manner (including electronic form) alongwith such fee, as may be prescribed: Provided that every director, appointed before the commencement of the Companies (Amendment) Act, 2006, shall make, within sixty days of the commencement of the said Act, such application to the Central Government: Provided further that every applicant, who has made an application under this section for allotment of a Director Identification Number, may be appointed as a director in a company, or, hold office as director in a company till such time such applicant has been allotted the Director Identification Number. ____________________________ 1. Inserted by Companies (Amendment) Act, 2006, w.e.f. 01.11.2006.

Merchant Shipping Act, 1958 Section 137

Title: Commencement and Payment of Sums Allotted

State: Central

Year: 1958

.....out of which the allotment was to have been paid but the seaman shall be presumed to be duly earning his wages unless the contrary is shown to the satisfaction of the Court either by the official statement of the change in the crew caused by his absence made and signed by the master as by this Act is required or by a certified copy of some entry in the official logbook to the effect that he has died or left the ship, or by a credible letter from the master of the ship to the same effect, or by such other evidence of whatever description, as the Court may consider sufficient. (3) The shipping master on receiving any such sum as aforesaid shall pay it over to the person named in that behalf in the allotment note. (4) All such receipts and payments shall be entered in a book to be kept for the purpose, and all entries in the said book shall be authenticated by the signature of the shipping master. (5) The said book shall at all reasonable times be open to the inspection of the parties concerned. ________________________ 1. Substituted for the words "one month from the date of the agreement" by Merchant Shipping (Amendment) Act (41 of 1984),Section 10(15-7-85).