Bare Act Search Results

Companies Act, 2013, Section 439

Title: Offences to Be Non

State: Central

Year: 2013

.....Notwithstanding anything in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under this Act except the offences referred to in sub-section (6) of section 212 shall be deemed to be non-cognizable within the meaning of the said Code. (2) No court shall take cognizance of any offence under this Act which is alleged to have been committed by any company or any officer thereof, except on the complaint in writing of the Registrar, a shareholder of the company, or of a person authorised by the Central Government in that behalf: Provided that the court may take cognizance of offences relating to issue and transfer of securities and non-payment of dividend, on a complaint in writing, by a person authorised by the Securities and Exchange Board of India: Provided further that nothing in this sub-section shall apply to a prosecution by a company of any of its officers. (3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), where the complainant under sub-section (2) is the Registrar or a person authorised by the Central Government, the presence of such officer before the Court trying the offences shall not be necessary unless the.....

COMPANIES ACT, 2013, Section 134

Title: Financial statement, Board's report, etc.

State: Central

Year: 2013

.....a company in general meeting, a report by its Board of Directors, which shall include-- (a) the extract of the annual return as provided under sub-section (3) of section 92; (b) number of meetings of the Board; (c) Directors' Responsibility Statement; (d) a statement on declaration given by independent directors under sub-section (6) of section 149; (e) in case of a company covered under sub-section (1) of section 178, company's policy on directors' appointment and remuneration including criteria for determining qualifications, positive attributes, independence of a director and other matters provided under sub-section (3) of section 178; (f) explanations or comments by the Board on every qualification, reservation or adverse remark or disclaimer made-- (i) by the auditor in his report; and (ii) by the company secretary in practice in his secretarial audit report; (g) particulars of loans, guarantees or investments under section 186; (h) particulars of contracts or arrangements with related parties referred to in sub-section (1) of section 188 in the prescribed form; (i) the state of the company's affairs; (j) the amounts, if any, which it proposes to.....

COMPANIES ACT, 2013, Section 131

Title: Voluntary revision of financial statements or Board's report

State: Central

Year: 2013

..... (2) Where copies of the previous financial statement or report have been sent out to members or delivered to the Registrar or laid before the company in general meeting, the revisions must be confined to-- (a) the correction in respect of which the previous financial statement or report do not comply with the provisions of section 129 or section 134; and (b) the making of any necessary consequential alternation. (3) The Central Government may make rules as to the application of the provisions of this Act in relation to revised financial statement or a revised director's report and such rules may, in particular-- (a) make different provisions according to which the previous financial statement or report are replaced or are supplemented by a document indicating the corrections to be made; (b) make provisions with respect to the functions of the company's auditor in relation to the revised financial statement or report; (c) require the directors to take such steps as may be prescribed.

COMPANIES ACT, 2013, Section 213

Title: Investigation into company's affairs in other cases

State: Central

Year: 2013

.....expect, including information relating to the calculation of the commission payable to a managing or other director, or the manager, of the company, order, after giving a reasonable opportunity of being heard to the parties concerned, that the affairs of the company ought to be investigated by an inspector or inspectors appointed by the Central Government and where such an order is passed, the Central Government shall appoint one or more competent persons as inspectors to investigate into the affairs of the company in respect of such matters and to report thereupon to it in such manner as the Central Government may direct: Provided that if after investigation it is proved that-- (i) the business of the company is being conducted with intent to defraud its creditors, members or any other persons or otherwise for a fraudulent or unlawful purpose, or that the company was formed for any fraudulent or unlawful purpose; or (ii) any person concerned in the formation of the company or the management of its affairs have in connection therewith been guilty of fraud, then, every officer of the company who is in default and the person or persons concerned in the formation of the.....

COMPANIES ACT, 2013, Section 224

Title: Actions to be taken in pursuance of inspector's report

State: Central

Year: 2013

.....the necessary assistance in connection with the prosecution. (2) If any company or other body corporate is liable to be wound up under this Act and it appears to the Central Government from any such report made under section 223 that it is expedient so to do by reason of any such circumstances as are referred to in section 213, the Central Government may, unless the company or body corporate is already being wound up by the Tribunal, cause to be presented to the Tribunal by any person authorised by the Central Government in this behalf-- (a) a petition for the winding up of the company or body corporate on the ground that it is just and equitable that it should be wound up; (b) an application under section 241; or (c) both. (3) If from any such report as aforesaid, it appears to the Central Government that proceedings ought, in the public interest, to be brought by the company or any body corporate whose affairs have been investigated under this Chapter-- (a) for the recovery of damages in respect of any fraud, misfeasance or other misconduct in connection with the promotion or formation, or the management of the affairs, of such company or body corporate; or .....

Companies 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.....

The Criminal Law (Amendment) Act, 2013 Complete Act

State: Central

Year: 2013

.....of an offence punishable under section 376B of the Indian Penal Code where the persons are in a marital relationship, except upon prima facie satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the husband." 20. In section 273 of the Code of Criminal Procedure, before the Explanation, the following proviso shall be inserted, namely:- "Provided that where the evidence of a woman below the age of eighteen years who is alleged to have been subjected to rape or any other sexual offence, is to be recorded, the court may take appropriate measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused." 21. In section 309 of the Code of Criminal Procedure, for sub-section (1), the following sub-section shall be substituted, namely:- "(1) In every inquiry or trial the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded: Provided that when the inquiry or trial.....

The Criminal Law (Amendment) Bill, 2013 Complete Act

State: Central

Year: 2013

.....punishable under Section 376-B of the Indian Penal Code (45 of 1860) where the persons are in a marital relationship, except upon prima facie satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the husband.". 20. Amendment of Section 273." In Section 273 of the Code of Criminal Procedure, before the Explanation , the following proviso shall be inserted, namely" "Provided that where the evidence of a woman below the age of eighteen years who is alleged to have been subjected to rape or any other sexual offence, is to be recorded, the court may take appropriate measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused.". 21. Amendment of Section 309." In Section 309 of the Code of Criminal Procedure (45 of 1860), for sub-section ( 1 ), the following sub-section shall be substituted, namely" "( 1 ) In every inquiry or trial the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary.....

Criminal Law (Amendment) Act, 2013, Section 9

Title: Substitution of New Sections for Sections 375, 376, 376a, 376b, 376c and 376d

State: Central

Year: 2013

.....in the specific sexual act: Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Exception 1.--A medical procedure or intervention shall not constitute rape. Exception 2.--Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.'. 376. Punishment for rape.-- (1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than seven years, but which may extend to imprisonment for life, and shall also be liable to fine. (2) Whoever,-- (a) being a police officer, commits rape-- (i) within the limits of the police station to which such police officer is appointed; or (ii) in the premises of any station house; or (iii) on a woman in such police officer's custody or in the custody of a police officer subordinate to such police officer; or (b) being a public servant, commits rape on a woman in such public servant's custody or in the custody of a public servant.....

Companies Act, 2013, Section 325

Title: Application of Insolvency Rules in Winding Up of Insolvent Companies

State: Central

Year: 2013

.....expenses the same proportion as the workmen's portion in relation to the security bears to the value of the security. (3) For the purposes of this section, section 326 and section 327,-- (a) "workmen'', in relation to a company, means the employees of the company, being workmen within the meaning of clause (s) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947); (b) "workmen's dues'', in relation to a company, means the aggregate of the following sums due from the company to its workmen, namely:-- (i) all wages or salary including wages payable for time or piece work and salary earned wholly or in part by way of commission of any workman in respect of services rendered to the company and any compensation payable to any workman under any of the provisions of the Industrial Disputes Act, 1947 (14 of 1947); (ii) all accrued holiday remuneration becoming payable to any workman or, in the case of his death, to any other person in his right on the termination of his employment before or by the effect of the winding up order or resolution; (iii) unless the company is being wound up voluntarily merely for the purposes of reconstruction or amalgamation with another.....