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Start Free TrialCompanies Act, 2013, Section 240
Title: Liability of Officers in Respect of Offences Committed Prior to Merger, Amalgamation, Etc.
State: Central
Year: 2013
Notwithstanding anything in any other law for the time being in force, the liability in respect of offences committed under this Act by the officers in default, of the transferor company prior to its merger, amalgamation or acquisition shall continue after such merger, amalgamation or acquisition.
View Complete Act List Judgments citing this sectionRight to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (Central) Section 3
Title: Definitions
State: Central
Year: 2013
.....the expression "notify" shall be construed accordingly; (w) "patta" shall have the same meaning as assigned to it in the relevant Central or State Acts or rules or regulations made thereunder; (x) "person interested" means-- (i) all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act; (ii) the Scheduled Tribes and other traditional forest dwellers, who have lost any forest rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007); (iii) a person interested in an easement affecting the land; (iv) persons having tenancy rights under the relevant State laws including share-croppers by whatever name they may be called; and (v) any person whose primary source of livelihood is likely to be adversely affected; (y) "prescribed" means prescribed by rules made under this Act; (z) "project" means a project for which land is being acquired, irrespective of the number of persons affected; (za) "public purpose" means the activities specified under sub-section (1) of section 2; (zb) "Requiring Body" means a company, a body corporate, an.....
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 186
Title: Loan and Investment by Company
State: Central
Year: 2013
.....exemption to non-banking financial company shall be in respect of its investment and lending activities; (ii) made by a company whose principal business is the acquisition of securities; (iii) of shares allotted in pursuance of clause (a) of sub-section (1) of section 62. (12) The Central Government may make rules for the purposes of this section. (13) If a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees. Explanation.--For the purposes of this section,-- (a) the expression "investment company" means a company whose principal business is the acquisition of shares, debentures or other securities; (b) the expression "infrastructure facilities" means the facilities specified in Schedule VI.
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 217
Title: Procedure, Powers, Etc., of Inspectors
State: Central
Year: 2013
.....in such country or place, competent to deal with such request, to examine orally, or otherwise, any person, supposed to be acquainted with the facts and circumstances of the case, to record his statement made in the course of such examination and also to require such person or any other person to produce any document or thing, which may be in his possession pertaining to the case, and to forward all the evidence so taken or collected or the authenticated copies thereof or the things so collected to the court in India which had issued such letter of request: Provided that the letter of request shall be transmitted in such manner as the Central Government may specify in this behalf: Provided further that every statement recorded or document or thing received under this sub-section shall be deemed to be the evidence collected during the course of investigation. (12) Upon receipt of a letter of request from a court or an authority in a country or place outside India, competent to issue such letter in that country or place for the examination of any person or production of any document or thing in relation to affairs of a company under investigation in that country or.....
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 32
Title: Red Herring Prospectus
State: Central
Year: 2013
(1) A company proposing to make an offer of securities may issue a red herring prospectus prior to the issue of a prospectus. (2) A company proposing to issue a red herring prospectus under sub-section (1) shall file it with the Registrar at least three days prior to the opening of the subscription list and the offer. (3) A red herring prospectus shall carry the same obligations as are applicable to a prospectus and any variation between the red herring prospectus and a prospectus shall be highlighted as variations in the prospectus. (4) Upon the closing of the offer of securities under this section, the prospectus stating therein the total capital raised, whether by way of debt or share capital, and the closing price of the securities and any other details as are not included in the red herring prospectus shall be filed with the Registrar and the Securities and Exchange Board. Explanation.--For the purposes of this section, the expression "red herring prospectus" means a prospectus which does not include complete particulars of the quantum or price of the securities included therein.
View Complete Act List Judgments citing this sectionRight to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (Central) Section 2
Title: Application of Act
State: Central
Year: 2013
.....cooperative or by an institution set up under a statute; (iii) project for industrial corridors or mining activities, national investment and manufacturing zones, as designated in the National Manufacturing Policy; (iv) project for water harvesting and water conservation structures, sanitation; (v) project for Government administered, Government aided educational and research schemes or institutions; (vi) project for sports, heath care, tourism, transportation or space programme; (vii) any infrastructure facility as may be notified in this regard by the Central Government and after tabling of such notification in Parliament; (c) project for project affected families; (d) project for housing for such income groups, as may be specified from time to time by the appropriate Government; (e) project for planned development or the improvement of village sites or any site in the urban areas or provision of land for residential purposes for the weaker sections in rural and urban areas; (f) project for residential purposes to the poor or landless or to persons residing in areas affected by natural calamities, or to persons displaced or affected by reason of the.....
View Complete Act List Judgments citing this sectionWakf (Amendment) Act, 2013, (Central) Section 29
Title: Amendment of Section 51
State: Central
Year: 2013
In section 51 of the principal Act,-- (i) for sub-section (1), the following sub-sections shall be substituted, namely:-- "(1) Notwithstanding anything contained in the waqf deed, any lease of any immovable property which is waqf property, shall be void unless such lease is effected with the prior sanction of the Board: Provided that no mosque, dargah, khanqah, graveyard, or imambara shall be leased except any unused graveyards in the States of Punjab, Haryana and Himachal Pradesh where such graveyard has been leased out before the date of commencement of the Wakf (Amendment) Act, 2013. (1A) Any sale, gift, exchange, mortgage or transfer of waqf property shall be void ab initio: Provided that in case the Board is satisfied that any waqf property may be developed for the purposes of the Act, it may, after recording reasons in writing, take up the development of such property through such agency and in such manner as the Board may determine and move a resolution containing recommendation of development of such waqf property, which shall be passed by a majority of two-thirds of the total membership of the Board: Provided further that nothing contained in this sub-section.....
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Schedule
Title: Schedule Iii
State: Central
Year: 2013
.....investments do not have a value on realisation in the ordinary course of business at least equal to the amount at which they are stated, the fact that the Board is of that opinion, shall be stated. PART II - STATEMENT OF PROFIT AND LOSS Name of the Company......................... Profit and loss statement for the year ended ........................... (Rupees in............) Particulars Note No. Figures as at the end of current reporting period Figures as at the end of the previous reporting period 1 2 3 4 I. Revenue from operations xxx xxx II. Other income xxx xxx III. Total Revenue (I + II) xxx xxx IV. Expenses: Cost of materials consumed Purchases of Stock-in-Trade Changes in inventories of finished goods xxx xxx work-in-progress and xxx xxx Stock-in-Trade xxx xxx Employee benefits expense xxx xxx Finance costs Depreciation and amortisation expense Other expenses Total expenses xxx xxx V. Profit before exceptional and extraordinary items and tax (III - IV) xxx xxx VI. Exceptional items xxx xxx VII. Profit before.....
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Schedule
Title: Schedule V
State: Central
Year: 2013
.....Act, 2002 (15 of 2003); (b) he had not been detained for any period under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974): Provided that where the Central Government has given its approval to the appointment of a person convicted or detained under sub-paragraph (a) or sub-paragraph (b), as the case may be, no further approval of the Central Government shall be necessary for the subsequent appointment of that person if he had not been so convicted or detained subsequent to such approval. (c) he has completed the age of twenty-one years and has not attained the age of seventy years: Provided that where he has attained the age of seventy years; and where his appointment is approved by a special resolution passed by the company in general meeting, no further approval of the Central Government shall be necessary for such appointment; (d) where he is a managerial person in more than one company, he draws remuneration from one or more companies subject to the ceiling provided in section V of Part II; (e) he is resident of India. Explanation I. -- For the purpose of this Schedule, resident in India includes a person.....
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Complete Act
Title: the Companies Act, 2013
State: Central
Year: 2013
.....II - INCORPORATION OF COMPANY AND MATTERS INCIDENTAL THERETO Section 3 - Formation of company Section 4 - Memorandum Section 5 - Articles Section 6 - Act to override memorandum, articles, etc. Section 7 - Incorporation of company Section 8 - Formation of companies with charitable objects, etc. Section 9 - Effect of registration Section 10 - Effect of memorandum and articles Section 11 - Commencement of business, etc. Section 12 - Registered office of company Section 13 - Alteration of memorandum Section 14 - Alteration of articles Section 15 - Alteration of memorandum or articles to be noted in every copy Section 16 - Rectification of name of company Section 17 - Copies of memorandum, articles, etc., to be given to members Section 18 - Conversion of companies already registered Section 19 - Subsidiary company not to hold shares in its holding company Section 20 - Service of documents Section 21 - Authentication of documents, proceedings and contracts Section 22 - Execution of bills of exchange, etc. Chapter III - PROSPECTUS AND ALLOTMENT OF SECURITIES Part I - PUBLIC OFFER Section 23 - Public offer and private placement Section 24 - Power of.....
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