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Home Bare Acts Phrase: section 643Companies (Second Amendment) Act, 2002 Section 130
Title: Substitution of New Section for Section 643
State: Central
Year: 2002
For section 643 of the principal Act, the following section shall be substituted, namely:-- 643. Power of Central Governments to make rules relating to winding up.-- (1) The Central Government shall, make rules consistent with the Code of Civil Procedure, 1908 (5 of 1908), providing for all matters relating to the winding up of companies, which by this Act, are to be prescribed, and may make rules providing for all such matters, as may be prescribed. (2) In particular and without prejudice to the generality of the forgoing power, such rule may provide for all or any of the following matters, namely:-- (i) as to the mode of proceedings to be held for winding up of a company by the Tribunal; (ii) for the voluntary winding up of companies, whether by members or by creditors; (iii) for the holding of meetings of creditors and members in connection with proceedings under section 391; (iv) for giving effect to the provisions of this Act as to the reduction of the capital; (v) generally for all applications to be made to the Tribunal under the provisions of this Act; and (vi) the holding and conducting of meetings to ascertain the wishes of creditors and.....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 643
Title: Power of Central Governments to Make Rules Relating to Winding Up
State: Central
Year: 1956
..... (x) the fixing of a time within which debts and claims shall be proved. (3) All rules made by the Supreme Court on the matters referred to in this section as it stood immediately before the commencement of the Companies (Second Amendment) Act, 2002, and in force at such commencement shall continue to be in force, in so far as they are not in consistent with the provisions of this Act, till such time the rules are made by the Central Government and any reference to the High Court in relation to winding up of a company in such rules shall be construed as a reference to the Tribunal] _________________________ 1. Substituted by Act 11 of 2003, Section 130, for Section 643 (See Annexe).
View Complete Act List Judgments citing this sectionCost and Works Accountants (Amendment) Act, 2006 Section 26
Title: Omission of Section 33
State: Central
Year: 2006
Section 33 of the principal Act shall be omitted.
View Complete Act List Judgments citing this sectionCost and Works Accountants (Amendment) Act, 2006 Section 11
Title: Amendment of Section 14
State: Central
Year: 2006
In section 14 of the principal Act, in sub-section (1), for the words "three years", the words "four years" shall be substituted.
View Complete Act List Judgments citing this sectionCost and Works Accountants (Amendment) Act, 2006 Section 23
Title: Amendment of Section 25
State: Central
Year: 2006
In section 25 of the principal Act, sub-section (3) shall be omitted.
View Complete Act List Judgments citing this sectionCost and Works Accountants (Amendment) Act, 2006 Section 31
Title: Insertion of New Section 40
State: Central
Year: 2006
After section 39 of the principal Act, the following section shall be inserted, namely:-- "40. Rules, regulations and notifications to laid before Parliament.--Every rule and every regulation made and every notification issued under this Act shall be laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session, for a total period of thirty days which may be composed in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, regulation or notification, or both Houses agree that the rule, regulation or notification should not be made or issued, the rule, regulation or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, regulation or notification.".
View Complete Act List Judgments citing this sectionCost and Works Accountants (Amendment) Act, 2006 Section 10
Title: Amendment of Section 13
State: Central
Year: 2006
In section 13 of the principal Act,-- (i) in sub-section (2), after the words "meetings of the Council", the words "or he has been found guilty of any professional or other misconduct and awarded penalty of fine," shall be inserted; (ii) in the proviso to sub-section (3), for the words "six months", the words "one year" shall be substituted.
View Complete Act List Judgments citing this sectionCost and Works Accountants (Amendment) Act, 2006 Section 14
Title: Substitution of New Section for Section 16
State: Central
Year: 2006
.....a Secretary of the Council to perform such duties as may be prescribed; (b) appoint a Director (Discipline) to perform such functions as assigned to him under this Act and the rules and regulations framed thereunder; (c) designate an officer of the Council or the Institute to carry out the administrative functions of the Institute as its chief executive. (2) The Council may also -- (a) appoint such other officers and employees to the Council and the Institute as it considers necessary; (b) require and take from the Secretary or from any other officer or employee of the Council and the Institute such security for the due performance of his duties, as the Council considers necessary; (c) prescribe the salaries, fees, allowances of the officers and employees of the Council and the Institute and their terms and conditions of service; (d) with the previous sanction of the Central Government, fix the allowances of the President, Vice-President and other members of the Council and members of its Committees. (3) The Secretary of the Council shall be entitled to participate in the meetings of the Council but shall not be entitled to vote thereat.".
View Complete Act List Judgments citing this sectionCost and Works Accountants (Amendment) Act, 2006 Section 19
Title: Substitution of New Section for Section 21
State: Central
Year: 2006
For section 21 of the principal Act, the following section shall be substituted, namely:-- "21. Disciplinary Directorate.--(1) The Council shall, by notification, establish a Disciplinary Directorate headed by an officer of the Institute designated as Director (Discipline) and such other employees for making investigations in respect of any information or complaint received by it, (2) On receipt of any information or complaint along with the prescribed fee, the Director (Discipline) shall arrive at a prima facie opinion on the occurrence of the alleged misconduct. (3) Where the Director (Discipline) is of the opinion that a member is guilty of any professional or other misconduct mentioned in the First Schedule, he shall place the matter before the Board of Discipline and where the Director (Discipline) is of the opinion that a member is guilty of any professional or other misconduct mentioned in the Second Schedule or in both the Schedules, he shall place the matter before the Disciplinary Committee. (4) In order to make investigations under the provisions of this Act, the Disciplinary Directorate shall follow such procedure as may be specified. (5) Where a.....
View Complete Act List Judgments citing this sectionCost and Works Accountants (Amendment) Act, 2006 Section 27
Title: Substitution of New Section for Section 36
State: Central
Year: 2006
For section 36 of the principal Act, the following section shall be substituted, namely:-- "36. Protection of action taken in good faith.--No suit, prosecution or other legal proceeding shall lie against the Central Government or the Council or the Authority or the Disciplinary Committee or the Tribunal or the Board or the Board of Discipline or the Disciplinary Directorate or any officer of that Government, Council, Authority, Disciplinary Committee, Tribunal, Board, Board of Discipline or the Disciplinary Directorate, for anything which is in good faith done or intended to be done under this Act or any rule, regulation, notification, direction or order made thereunder,".
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