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Start Free TrialCompanies Act, 2013, Section 247
Title: Valuation by Registered Valuers
State: Central
Year: 2013
.....in accordance with such rules as may be prescribed; and (d) not undertake valuation of any assets in which he has a direct or indirect interest or becomes so interested at any time during or after the valuation of assets. (3) If a valuer contravenes the provisions of this section or the rules made thereunder, the valuer shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees: Provided that if the valuer has contravened such provisions with the intention to defraud the company or its members, he shall be punishable with imprisonment for a term which may extend to one year and with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees. (4) Where a valuer has been convicted under sub-section (3), he shall be liable to-- (i) refund the remuneration received by him to the company; and (ii) pay for damages to the company or to any other person for loss arising out of incorrect or misleading statements of particulars made in his report.
View Complete Act List Judgments citing this sectionSexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 27
Title: Cognizance of Offence by Courts
State: Central
Year: 2013
(1) No court shall take cognizance of any offence punishable under this Act or any rules made thereunder, save on a complaint made by the aggrieved woman or any person authorised by the Internal Committee or Local Committee in this behalf. (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. (3) Every offence under this Act shall be non-cognizable.
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 3
Title: Formation of Company
State: Central
Year: 2013
.....the other person, with his prior written consent in the prescribed form, who shall, in the event of the subscriber's death or his incapacity to contract become the member of the company and the written consent of such person shall also be filed with the Registrar at the time of incorporation of the One Person Company along with its memorandum and articles: Provided further that such other person may withdraw his consent in such manner as may be prescribed: Provided also that the member of One Person Company may at any time change the name of such other person by giving notice in such manner as may be prescribed: Provided also that it shall be the duty of the member of One Person Company to intimate the company the change, if any, in the name of the other person nominated by him by indicating in the memorandum or otherwise within such time and in such manner as may be prescribed, and the company shall intimate the Registrar any such change within such time and in such manner as may be prescribed: Provided also that any such change in the name of the person shall not be deemed to be an alteration of the memorandum. (2) A company formed under sub-section (1) may be.....
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 2
Title: Definitions
State: Central
Year: 2013
.....or any one or more of the directors is or are accustomed to act; (60) "officer who is in default", for the purpose of any provision in this Act which enacts that an officer of the company who is in default shall be liable to any penalty or punishment by way of imprisonment, fine or otherwise, means any of the following officers of a company, namely:-- (i) whole-time director; (ii) key managerial personnel; (iii) where there is no key managerial personnel, such director or directors as specified by the Board in this behalf and who has or have given his or their consent in writing to the Board to such specification, or all the directors, if no director is so specified; (iv) any person who, under the immediate authority of the Board or any key managerial personnel, is charged with any responsibility including maintenance, filing or distribution of accounts or records, authorises, actively participates in, knowingly permits, or knowingly fails to take active steps to prevent, any default; (v) any person in accordance with whose advice, directions or instructions the Board of Directors of the company is accustomed to act, other than a person who gives advice to the.....
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 1
Title: Short Title, Extent, Commencement and Application
State: Central
Year: 2013
.....Act, 1999 (41 of 1999); (c) banking companies, except in so far as the said provisions are inconsistent with the provisions of the Banking Regulation Act, 1949 (10 of 1949); (d) companies engaged in the generation or supply of electricity, except in so far as the said provisions are inconsistent with the provisions of the Electricity Act, 2003 (36 of 2003); (e) any other company governed by any special Act for the time being in force, except in so far as the said provisions are inconsistent with the provisions of such special Act; and (f) such body corporate, incorporated by any Act for the time being in force, as the Central Government may, by notification, specify in this behalf, subject to such exceptions, modifications or adaptation, as may be specified in the notification.
View Complete Act List Judgments citing this sectionSexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 30
Title: Power to Remove Difficulties
State: Central
Year: 2013
(1) If any difficulty arises in giving effect to the provisions of this Act. the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
View Complete Act List Judgments citing this sectionSexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 29
Title: Power of Appropriate Government to Make Rules
State: Central
Year: 2013
.....power, such rules may provide for all or any of the following matters, namely -- (a) the fees or allowances to be paid to the Members under sub-section (4) of section 4: (b) nomination of members under clause (c) of sub-section (1) of section 7; (c) the fees or allowances to be paid to the Chairperson, and Members under sub-section (4) of section 7; (d) the person who may make complaint under sub-section (2) of section 9: (e) the manner of inquiry under sub-section (1) of section 11: (f) the powers for making an inquiry under clause (c) of sub-section (2) of section 11; (g) the relief to be recommended under clause (c) of sub-section (1) of section 12; (h) the manner of action to be taken under clause (i) of sub-section (3) of section 13; (i) the manner of action to be taken under sub-sections (1) and (2) of section 14: (j) the manner of action to be taken under section 17; (k) the manner of appeal under sub-section (1) of section 18; (l) the manner of organising workshops, awareness programmes for sensitising the employees and orientation programmes for the members of the Internal Committee under clause (c) of section 19; and (m) the form and time.....
View Complete Act List Judgments citing this sectionSexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 28
Title: Act Not in Derogation of Any Other Law
State: Central
Year: 2013
The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.
View Complete Act List Judgments citing this sectionSexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 26
Title: Penalty for Noncompliance with Provisions of Act
State: Central
Year: 2013
(1) Where the employer fails to-- (a) constitute an Internal Committee under sub-section (1) of section 4; (b) take action under sections 13, 14 and 22; and (c) contravenes or attempts to contravene or abets contravention of other provisions of this Act or any rules made thereunder, he shall be punishable with fine which may extend to fifty thousand rupees. (2) If any employer, after having been previously convicted of an offence punishable under this Act subsequently commits and is convicted of the same offence, he shall be liable to-- (i) twice the punishment, which might have been imposed on a first conviction, subject to the punishment being maximum provided for the same offence: Provided that in case a higher punishment is prescribed under any other law for the time being in force, for the offence for which the accused is being prosecuted, the court shall take due cognizance of the same while awarding the punishment; (ii) cancellation, of his licence or withdrawal, or non-renewal, or approval, or cancellation of the registration, as the case may be, by the Government or local authority required for carrying on his business or activity.
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 5
Title: Articles
State: Central
Year: 2013
.....I as may be applicable to such company. (7) A company may adopt all or any of the regulations contained in the model articles applicable to such company. (8) In case of any company, which is registered after the commencement of this Act, in so far as the registered articles of such company do not exclude or modify the regulations contained in the model articles applicable to such company, those regulations shall, so far as applicable, be the regulations of that company in the same manner and to the extent as if they were contained in the duly registered articles of the company. (9) Nothing in this section shall apply to the articles of a company registered under any previous company law unless amended under this Act.
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