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Home Bare Acts Phrase: section 617 of the companies act 1956 since its shareholding fell below 51 per cent

Companies Act, 1956 Complete Act

Title : Companies Act, 1956

State : Central

Year : 1956

.....company at registered office Section137 - Entry in register of charges of appointment of receiver or manager Section138 - Company to report satisfaction and procedure thereafter Section139 - Power of Registrar to make entries of satisfaction and release in absence of intimation from company Section140 - Copy of memorandum of satisfaction to be furnished to company Section141 - Rectification by Central Government of register of charges Section142 - Penalties Section143 - Company's register of charges Section144 - Right to inspect copies of instruments creating charges and company's register of charges Section145 - Application of Part to charges requiring registration under it but not under previous law Part 6 Chapter 1 Section146 - Registered office of company Section147 - Publication of name by company Section148 - Publication of authorised as well as subscribed and paid-up capital Section149 - Restrictions on commencement of business Section150 - Register of members Section151 - Index of members Section152 - Register and index of debenture-holders Section152A - Register and index of beneficial owners to be of debenture-holders Section153 - Trusts not to be.....

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Companies Act, 1956 Amending Act 4

Title : Companies (Second Amendment) Act, 2002

State : Central

Year : 1956

.....one or more industrial undertakings; (19AB) "industrial undertaking" means any undertaking, pertaining to any industry carried on in one or more factories or units by any company, as defined in clause (aa) of section 3 of the Industries (Development and Regulation) Act, 1951 (65 of 1951) but does not include a small-scale industrial undertaking as defined in clause (j) of that section;'; (c) after clause (29), the following clause shall be inserted, namely:-- '(29A) "net worth" means the sum total of the paid-up capital and free reserves after deducting the provisions or expenses as may be prescribed. Explanation.--for the purposes of this clause, "free reserves" means all reserves created out of the profits and share premium account but does not include reserves created out of revaluation of assets, write back of depreciation provisions and amalgamation;'; (d) after clause (31A), the following clause shall be inserted, namely:-- '(31AA) "operating agency" means any group of experts consisting of persons having special knowledge of business or industry in which the sick industrial company is engaged and includes public financial institution, State level institution,.....

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Companies Act, 1956 Amending Act 2

Title : Companies (Amendment) Act, 2001

State : Central

Year : 1956

.....of sub-section (2)", the words, brackets and letter "or the Board has passed a resolution under the first proviso to clause (b) of that subsection" shall be inserted; (d) In Sub-section (8), for the words "within a period of twenty-four months", the words "within a period of six months" shall be substituted. 3. Amendment of Section 292 - In section 292 of the principal Act, in sub-section (/), after clause (a), the following clause shall be inserted, namely:-- "(aa) the power to authorise the buy-back referred to in the first proviso to clause (b) of sub-section (2) of section 77A;". 4. Repeal and Saving - (1) The Companies (Amendment) Ordinance, 2001 (Ord. 7 of 2001) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act. as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal Act, as amended by this Act.

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Companies Act, 1956 Preamble 1

Title : Companies Act, 1956

State : Central

Year : 1956

THE COMPANIES ACT, 1956 [Act, No. 1 of 1956]1 [18th January, 1956] PREAMBLE An Act to consolidate and amend the law relating to companies and certain other associations. be it enacted by Parliament in the Sixth Year of the Republic of India as follows:- _____________________ 1. This Act has been extended to Goa, Daman and Diu by Regulation 12 of 1962 (with modifications); Section 3 and Schedule to Dadar and Nagar Haveli by Regulation 6 of 1963, Section 2 and Schedule I and to Pondicherry by Regulation 7 of 1963, Section 3 and Schedule I. The Provisions of this Act shall apply to Goa, Daman and Diu, subject to the exceptions, modifications and adaptations contained in the Schedule to G.S.R. 615, dated 24th April, 1965 [Gazette of India, Pt. II, Section 3 (i), p. 670]. Amended in its application to Goa, Daman and Diu by Regulation 11 of 1963, Section 9.

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Companies Act, 1956 Amending Act 1

Title : Companies (Amendment) Act, 2006

State : Central

Year : 1956

.....articles of association, particulars of charges, or any other particulars or document as may be required to be filed or delivered under this Act or rules made thereunder, shall be filed through the electronic form and authenticated in such manner as may be specified in the rules; (b) such document, notice, any communication or intimation, required to be served or delivered under this Act, shall be served or delivered under this Act through the electronic form and authenticated in such manner as may be specified in the rules; (c) such applications, balance-sheet, prospectus, return, register, memorandum of association, articles of association, particulars of charges, or any other document and return filed under this Act or rules made thereunder shall be maintained by the Registrar in the electronic form and registered or authenticated, as the case may be, in such manner as may be specified in the rules; (d) such inspections of the memorandum of association, articles of association, register, index, balance-sheet, return or any other document maintained in the electronic form, which is otherwise available for such inspection under this Act or rules made thereunder,.....

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Companies Act, 1956 Section 617

Title : Definition of "government Company"

State : Central

Year : 1956

For the purposes of1[this Act] Government company me ans any company in which not less than fifty-one per cent of the2[paid up share capital] is held by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments3[and includes a company which is a subsidiary of a Government company as thus defined]. _________________________ 1. Substituted by Act 65 of 1960, Section 198, for "sections 618, 619 and 620" (w.e.f. 28-12-1960). 2. Substituted by Act 65 of 1960, Section 198, for "share capital" (w.e.f. 28-12-1960). 3. Added by Act 65 of 1960, Section 198 (w.e.f. 28-12-1960).

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COMPANIES ACT, 1956 Section 77

Title : Restrictions on purchase by company, or loans by company for purchase, of its own or its holding company's shares

State : Central

Year : 1956

.....(c) of the foregoing proviso shall exceed in amount his salary or wages at that time for a period of six months. (4) If a company acts in contravention of sub-sections (1) to (3) the company, and every office of the company who is in default shall be punishable with fine which may extend to2[ten thousand rupees]. (5) Nothing in this section shall affect the right of a company to redeem any shares issued under section 80 or under any corresponding provision in any previous companies law. ________________________ 1. The words ", managing agents, secretaries and treasurers" omitted by Act 53 of 2000, Section 33 (w.e.f. 13-12-2000). 2. Substituted by Act 53 of 2000, Section 33, for "one thousand rupees" (w.e.f. 13-12-2000).

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Securities Contracts Regulation Act, 1956 (42 of 1956) Section 22

Title : Right of Appeal Against Refusal by Stock Exchanges to List Securities of Public Companies

State : Central

Year : 1956

.....reasons for suchrefusal are furnished to it, or (b) where the stock exchange has omitted or failed to dispose of, withinthe time specified in sub section (1) of section 73 of the Companies Act,1956 (1of 1956) (hereafter in this section referred to as the "specifiedtime"), the application for permission for the shares or debentures to bedealt with on the stock exchange, within fifteen days from the date of expiry ofspecified time or within such further period, not exceeding one month, as theCentral Government may, on sufficient cause being shown, allow, appeal to the Central Government against such refusal, omission offailure, as the case may be, and thereupon the Central Government may, aftergiving the stock exchange an opportunity of being heard,- (i) vary or set aside the decision of the stock exchange, or (ii) where the stockexchange has omitted or failed to dispose of the application within thespecified time, grant or refuse the permission, and where the CentralGovernment sets aside the decision of the recognised stock exchange or grantsthe permission, the stock exchange shall act in conformity with the orders ofthe Central Government: 2 [Provided thatno appeal.....

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Securities Contracts Regulation Act, 1956 (42 of 1956) Section 22A

Title : Right of Appeal to Securities Appellate Tribunal Against Refusal of Stock Exchange to List Securities of Public Companies

State : Central

Year : 1956

.....for such refusal are furnished to it, or (b) where the stock exchange has omitted or failed to dispose of, within the time specified in sub-section (M) of section 73 of the Companies Act, 1956 (1 of 1956) (hereafter in this section referred to as the "specified time"), the application for permission for the shares or debentures to be dealt with on the stock exchange, within fifteen days from the date of expiry of the specified time or within such farther period, not exceeding one month, as the Securities Appellate Tribunal may, on sufficient cause being shown, allow, appeal to the Securities Appellate Tribunal having jurisdiction in the matter against such refusal, omission or failure, as the case may be, and thereupon the Securities Appellate Tribunal may, after giving the stock exchange, an opportunity of being heard,-- (i) vary or set aside the decision of the stock exchange; or (ii) where the stock exchange has omitted or failed to dispose of the application within the specified time, grant or refuse the permission, and where the Securities Appellate Tribunal sets aside the decision of the recognised, stock exchange or grants the permission, the stock.....

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Securities Contracts Regulation Act, 1956 (42 of 1956) Amending Act 2

Title : Securities Contracts (Regulation) Amendment Act, 1985

State : Central

Year : 1956

.....section, any person makes any statement- (a) which is false in any material particular, knowing it to be false; or (b) which omits any material fact knowing it to be material, he shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine. (10) For the removal of doubts, it is hereby provided that nothing in this section shall apply in relation to any securities the instrument of transfer in respect whereof has been lodged with the company before the commencement of the Securities Contracts (Regulation) Amendment Act, 1985.'. 3. Amendment of section 30 In section 24 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely:- "(3) The provisions of this section shall be in addition to, and not in derogation of, the provisions of section 22A.". 4. Amendment of section 30 In section 30 of the principal Act, in sub-section (2),- (a) in clause (h), the word "and" occurring at the end shall be omitted ; (b) after clause (h), the following clause shall be inserted, namely:- "(ha) the form in which a notice referred to sub-clause (b) of sub-section (4) of section 22 A shall.....

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