Bare Act Search Results

Companies Act, 2013, Section 66

Title: Reduction of Share Capital

State: Central

Year: 2013

.....with respect to his debt or claim, not entered on the list of creditors, and after such reduction, the company is unable, within the meaning of sub-section (2) of section 271, to pay the amount of his debt or claim,-- (a) every person, who was a member of the company on the date of the registration of the order for reduction by the Registrar, shall be liable to contribute to the payment of that debt or claim, an amount not exceeding the amount which he would have been liable to contribute if the company had commenced winding up on the day immediately before the said date; and (b) if the company is wound up, the Tribunal may, on the application of any such creditor and proof of his ignorance as aforesaid, if it thinks fit, settle a list of persons so liable to contribute, and make and enforce calls and orders on the contributories settled on the list, as if they were ordinary contributories in a winding up. (9) Nothing in sub-section (8) shall affect the rights of the contributories among themselves. (10) If any officer of the company-- (a) knowingly conceals the name of any creditor entitled to object to the reduction; (b) knowingly misrepresents the nature or amount.....

Companies Act, 2013, Section 68

Title: Power of Company to Purchase Its Own Securities

State: Central

Year: 2013

.....under clause (b) of sub-section (2) shall be accompanied by an explanatory statement stating-- (a) a full and complete disclosure of all material facts; (b) the necessity for the buy-back; (c) the class of shares or securities intended to be purchased under the buy-back; (d) the amount to be invested under the buy-back; and (e) the time-limit for completion of buy-back. (4) Every buy-back shall be completed within a period of one year from the date of passing of the special resolution, or as the case may be, the resolution passed by the Board under clause (b) of sub-section (2). (5) The buy-back under sub-section (1) may be-- (a) from the existing shareholders or security holders on a proportionate basis; (b) from the open market; (c) by purchasing the securities issued to employees of the company pursuant to a scheme of stock option or sweat equity. (6) Where a company proposes to buy-back its own shares or other specified securities under this section in pursuance of a special resolution under clause (b) of sub-section (2) or a resolution under item (ii) of the proviso thereto, it shall, before making such buy-back, file with the Registrar and the.....

Companies Act, 2013, Section 232

Title: Merger and Amalgamation of Companies

State: Central

Year: 2013

.....any, proposed in the scheme of compromise or arrangement is in conformity with the accounting standards prescribed under section 133. (4) Where an order under this section provides for the transfer of any property or liabilities, then, by virtue of the order, that property shall be transferred to the transferee company and the liabilities shall be transferred to and become the liabilities of the transferee company and any property may, if the order so directs, be freed from any charge which shall by virtue of the compromise or arrangement, cease to have effect. (5) Every company in relation to which the order is made shall cause a certified copy of the order to be filed with the Registrar for registration within thirty days of the receipt of certified copy of the order. (6) The scheme under this section shall clearly indicate an appointed date from which it shall be effective and the scheme shall be deemed to be effective from such date and not at a date subsequent to the appointed date. (7) Every company in relation to which the order is made shall, until the completion of the scheme, file a statement in such form and within such time as may be prescribed with the.....

Companies Act, 2013, Section 233

Title: Merger or Amalgamation of Certain Companies

State: Central

Year: 2013

.....any, paid by the transferor company on its authorised capital prior to its merger or amalgamation with the transferee company shall be set-off against the fees payable by the transferee company on its authorised capital enhanced by the merger or amalgamation. (12) The provisions of this section shall mutatis mutandis apply to a company or companies specified in sub-section (1) in respect of a scheme of compromise or arrangement referred to in section 230 or division or transfer of a company referred to clause (b) of subsection (1) of section 232. (13) The Central Government may provide for the merger or amalgamation of companies in such manner as may be prescribed. (14) A company covered under this section may use the provisions of section 232 for the approval of any scheme for merger or amalgamation.

Companies Act, 2013, Section 248

Title: Power of Registrar to Remove Name of Company from Register of Companies

State: Central

Year: 2013

.....Gazette, and on the publication in the Official Gazette of this notice, the company shall stand dissolved. (6) The Registrar, before passing an order under sub-section (5), shall satisfy himself that sufficient provision has been made for the realisation of all amount due to the company and for the payment or discharge of its liabilities and obligations by the company within a reasonable time and, if necessary, obtain necessary undertakings from the managing director, director or other persons in charge of the management of the company: Provided that notwithstanding the undertakings referred to in this sub-section, the assets of the company shall be made available for the payment or discharge of all its liabilities and obligations even after the date of the order removing the name of the company from the register of companies. (7) The liability, if any, of every director, manager or other officer who was exercising any power of management, and of every member of the company dissolved under sub-section (5), shall continue and may be enforced as if the company had not been dissolved. (8) Nothing in this section shall affect the power of the Tribunal to wind up a company.....

Tamil Nadu Stamp Act, 2013 Complete Act

State: Tamil Nadu

Year: 2013

.....times, first executed; (5) "Chief Controlling Revenue Authority"means the officer appointed under sub-section (1) of Section 3 of the Registration Act, 1908 (Central Act XVI of 1908) to be the Inspector General of Registration or any person authorised by the Government to exercise all or any of the power of the Chief Controlling Revenue Authority under that Act; (6) "clearance list"means a list of transactions relating to contracts required to be submitted to the Clearing House of an association in accordance with the rules or bye-laws of the association; (7) "Collector"means the Collector of a district and includes any officer specifically appointed by the Government to perform the functions of the Collector under this Act; (8) "conveyance" includes" (a) a conveyance on sale; (b) every instrument; (c) every order made by the High Court under Section 394 of the Companies Act, 1956 (Central Act 1 of 1956) in respect of amalgamation or reconstruction of companies; and (d) every order made by the Reserve Bank of India under Section 44A of the Banking Regulation Act, 1949; by which property, whether movable or immovable or any interest in any property is transferred inter vivos and.....

Banking Laws (Amendment) Act, 2012, (Central) Schedule

Title: the Schedule

State: Central

Year: 2012

THE SCHEDULE (See section 17) Sl. No. Short Title Amendment 1. The Indian Contracts Act, 1872(9 of 1872). Saving of a guarantee agreement of a bank or a financial institution. In section 28, after Exception 2, the following Exception shall be inserted, namely;-- Exception 3.--This section shall not render illegal a contract in writing by which any bank or financial institution stipulate a term in a guarantee or any agreement making a provision for guarantee for extinguishment of the rights or discharge of any party thereto from any liability under or in respect of such guarantee or agreement on the expiry of a specified period which is not less than one year from the date of occurring or non-occurring of a specified event for extinguishment or discharge of such party from the said liability. Explanation.-- (i) In Exception 3, the expression "bank" means-- (a) a "banking company" as defined in clause (c) of section 5 of the Banking Regulation Act, 1949(10 of 1949); (b) "a corresponding new bank" as defined in clause (da) of section 5 of the Banking Regulation Act, 1949(10 of 1949); (c) "State Bank of India" constituted under section 3 of the State Bank.....

Finance Act, 2012, (Central) Section 73

Title: Insertion of New Section 194laa

State: Central

Year: 2012

.....for the time being in force, where any document required to be registered under the provisions of clause (a) to clause (e) of sub-section (1) or sub-section (1A) of section 17 of the Indian Registration Act, 1908(16 of 1908), purports to transfer, assign, limit or extinguish the right, title or interest of any person to or in any immovable property and in respect of which tax is required to be deducted under sub-section (1), no registering officer shall register any such document, unless the transferee furnishes the proof of deduction of income-tax in accordance with the provisions of this section and payment of sum so deducted to the credit of the Central Government in the prescribed form. (5) The provisions of section 203A shall not apply to a person required to deduct tax in accordance with the provisions of this section. Explanation.--For the purposes of this section,-- (a) "agricultural land" means agricultural land in India, not being land situated in any area referred to in items (a) and (b) of sub-clause (iii) of clause (14) of section 2; (b) "immovable property" means any land (other than agricultural land) or any building or part of a building; (c) "specified.....

Banking Laws (Amendment) Act, 2012 Complete Act

State: Central

Year: 2012

.....Act, 1970 and the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 and to make consequential amendments in certain other enactments. Be it enacted by Parliament in the Sixty-third Year of the Republic of India as follows:" CHAPTER I PRELIMINARY 1. Short title and commencement." (1) This Act may be called the Banking Laws (Amendment) Act, 2012. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. CHAPTER II AMENDMENTS TO THE BANKING REGULATION ACT, 1949 2. Amendment of Section 50." In Section 5 of the Banking Regulation Act, 1949 (hereinafter in the chapter referred to as the principal Act), for Clause (a), the following Clause shall be substituted, namely" ˜( a) ˜˜approved securities'' means the securities issued by the Central Government or any State Government or such other securities as may be specified by the.....

The Jharkhand Municipal Act, 2011 Complete Act

State: Jharkhand

Year: 2011

.....or the Nagar Panchayat, the Executive Officer of the Municipal Council or the Nagar Panchayat; (47) "Factory" means a factory as defined in the Factories Act, 1948; (48) "Filth" means (a) night soil or other contents of latrines, cesspools and drains; (b) dirt, dung, refuse, useless or offensive materials thrown out in consequence of any process of manufacture, industry or trade; and (c) putrid or putrifying substance, (49) "Finance Commission" means the State Finance Commission constituted under Article 243-I of the Constitution of India and referred to in section 97 of this Act; (50) "Food" includes every article used for food or drink by man, other than drugs or water, and any article which ordinarily enters into, or is used in the composition or preparation of, human food, and also includes confectionery, flavouring and colouring matters, spices and condiments; (51) "Footpath" means a pavement, for use by pedestrians; (52) "Goods" include animals; (53) "Government" means the State Government of Jharkhand; (54) "Holding" means land held under one title or agreement and surrounded by one set of boundaries: Provided that, where two or more adjoining holdings held by the same.....