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Start Free TrialBanking Regulation Act, 1949 Section 12A
Title: Election of New Directors
State: Central
Year: 1949
1 [12A. Election of newdirectors (1) The Reserve Bank may, byorder, require any banking company to call a general meeting of the shareholdersof the company within such time, not less than two months from the date of theorder, as may be specified in the order or within such further time as theReserve Bank may allow in this behalf, to elect in accordance with the votingrights permissible under this Act fresh directors, and the banking companyshall be bound to comply with the order. (2) Every director elected under sub-section(1) shall hold office until the date up to which his predecessor would haveheld office, if the election had not been held. (3)Any election duly held underthis section shall not be called in question in any court.] ___________________ 1. Inserted by Act 95 of 1956, Section 4 w.e.f. 14-1-1957.
View Complete Act List Judgments citing this sectionChartered Accountants Act, 1949 Section 10
Title: Re-election or Re-nomination to Council
State: Central
Year: 1949
.....the office for more than three consecutive terms: Provided further that a member of the Council, who is or has been elected as President under sub-section (1) of section 12, shall not be eligible for election or nomination as a member of the Council.] ________________________ 1. Substituted by the Chartered Accountants (Amendment) Act 1959 (15 of 1959), Section 9 (1-7-1959). 2. Substituted by the Chartered Accountants (Amendment) Act, 2006, dated 22nd March, 2006. Prior to substitution, it read as under:- "110. Mode of Election to the Council.-- (1) Elections under clause (a) of sub-section (2) of section 9 shall be conducted in the prescribed manner. (2) Where any dispute arises regarding any such election, the matter shall be referred by the Council to a Tribunal appointed by the Central Government in this behalf and the decision of such Tribunal shall be final: Provided that no such reference shall be made except on an application made to the Council by an aggrieved party within thirty days from the date of the declaration of the result of the election. (3) The expenses of the Tribunal shall be borne by the Council." .....
View Complete Act List Judgments citing this sectionChartered Accountants Act, 1949 Section 10A
Title: Settlement of Dispute Regarding Election
State: Central
Year: 1949
1[10A. Settlement of Dispute Regarding Election.-- In case of any dispute regarding any election under clause (a) of sub-section (2) of section 9, the aggrieved person may make an application within thirty days from the date of declaration of the result of election to the Secretary of the Institute, who shall forward the same to the Central Government. _____________________________ 1. Inserted by the Chartered Accountants (Amendment) Act, 2006, dated 22nd March, 2006.
View Complete Act List Judgments citing this sectionChartered Accountants Act, 1949 Section 11
Title: Nomination in Default of Election or Nomination
State: Central
Year: 1949
If any body of persons referred to in section 9 fails to elect any of the members of the Council which it is empowered under that section to elect, the Central Government may nominate a person duly qualified to fill the vacancy, and any person so nominated shall be deemed to be a member of the Council as if he had been duly elected.
View Complete Act List Judgments citing this sectionConstitution of India Complete Act
State: Central
Year: 1949
.....of this Constitution if- (a) he or either of his parents or any of his grand- parents was born in India as defined in (Government of India Act, 1935) (as originally enacted); and (b) (i) in the case where such person has so migrated before the nineteenth day of July, 1948. he has been ordinarily resident in the territory of India since the date of his migration, or (ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government : Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application. ARTICLE 7: Rights of citizenship of certain migrants to Pakistan: Notwithstanding anything in (Art.5) and (Art.6), a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be.....
List Judgments citing this sectionBanking Regulation Act, 1949 Section 10A
Title: Board of Directors to Include Persons with Professional or Other Experience
State: Central
Year: 1949
..... (7) Every director elected or,as the case may be, appointed under this section shall hold office until thedate up to which his predecessor would have held office, if the election hadnot been held, or, as the case may be, the appointment had not been made. (8) No act or proceeding of theBoard of directors of a banking company shall be invalid by reason only of anydefect in the composition thereof or on the ground that it is subsequentlydiscovered that any of its members did not fulfil the requirements of thissection. ___________________ 1. Section 10A to 10D Inserted by Act 58 of 1968, Section 3 w.e.f.1-2-1969. 2. Inserted by Act 1 of 1984, Section 16 w.e.f. 15-2-1984.
View Complete Act List Judgments citing this sectionBanking Regulation Act, 1949 Section 10B
Title: Banking Company to Be Managed by Whole Time Chairman
State: Central
Year: 1949
.....his duties or is absent on leave or otherwise in circumstances notinvolving the vacation of his office, the banking company may, with theapproval of the Reserve Bank, make suitable arrangements for carrying out the 6[duties ofchairman or managing director] for a totalperiod not exceeding four months. ___________________ 1. Subsituted by Act 20 of 1994, Section2, for sub-section (1) w.e.f. 31-1-1994. 2. Subsituted by Act 20 of 1994, Section 2, for certain words w.e.f.31-1-1994. 3. Subsituted by Act 20 of 1994, Section 2 w.e.f. 31-1-1994. 4. Certain words omitted by Act 1 of 1984, Section 17 w.e.f. 15-2-1984. 5. Inserted by Act 1 of 1984, Section 17 w.e.f. 15-2-1984. 6. Subsituted by Act 20 of 1994, Section 2 w.e.f. 31-1-1994.
View Complete Act List Judgments citing this sectionChartered Accountants Act, 1949 Chapter III
Title: Council of the Institute
State: Central
Year: 1949
..... (e) the recognition of foreign qualifications and training for the purposes of enrolment; (f) the granting or refusal of certificates of practice under this Act; (g) the maintenance and publication of a Register of persons qualified to practice as chartered accountants; (h) the levy and collection of fees from members, examinees and other persons; (i) subject to the orders of the appropriate authorities under the Act, the removal of names from the Register and the restoration to the Register of names which have been removed; (j) the regulation and maintenance of the status and standard of professional qualifications of members of the Institute; (k) the carrying out, by granting financial assistance to persons other than members of the Council or in any other manner, of research in accountancy; (l) the maintenance of a library and publication of books and periodicals relating to accountancy; (m) to enable functioning of the Director (Discipline), the Board of Discipline, the Disciplinary Committee and the Appellate Authority constituted under the provisions of this Act; (n) to enable functioning of the Quality Review Board; (o) consideration of the.....
View Complete Act List Judgments citing this sectionChartered Accountants Act, 1949 Section 17
Title: Committees of the Council
State: Central
Year: 1949
.....such conditions in the exercise thereof as may be prescribed. ________________________ 1. Substituted by the Chartered Accountants (Amendment) Act (15 of 1959). Section 15 (1-7-1959). 2. Substituted for the words "(iii) a Disciplinary Committee" by the Chartered Accountants (Amendment) Act, 2006, dated 22nd March, 2006. 3. Substituted by the Chartered Accountants (Amendment) Act, 2006, dated 22nd March, 2006. Prior to substitution, it read as under:- "1[(2) The Council may also form such other committees from amongst its members as it deems necessary for the purpose of carrying out the provisions of this Act, and any committee so formed may, with the sanction of the Council, co-opt such other members of the Institute not exceeding two-thirds of the members of the committee as the committee thinks fit, and any member so co-opted shall be entitled to exercise all the rights of a member of the committee.] (3) Each of the Standing Committees shall consist of the President and the Vice-President, ex officio, and three other members of the Council elected by the Council: Provided that in the case of the Disciplinary Committee, out of the members to be elected, two shall.....
View Complete Act List Judgments citing this sectionBanking Regulation Act, 1949 Part 2
Title: Business of Banking Companies
State: Central
Year: 1949
.....of guarantee and indemnity business; (f) managing, selling andrealising any property which may come into the possession of the company insatisfaction or part satisfaction of any of its claims; (g) acquiring and holding andgenerally dealing with any property or any right, title or interest in any suchproperty which may form the security or part of the security for any loans or advancesor which may be connected with any such security; (h) undertaking and executingtrusts; (i) undertaking theadministration of estates as executor, trustee or otherwise; (j) establishing and supportingor aiding in the establishment and support of associations, institutions,funds, trusts and conveniences calculated to benefit employees or ex-employeesof the company or the dependents or connections of such persons; grantingpensions and allowances and making payments towards insurance; subscribing toor guaranteeing moneys for charitable or benevolent objects or for anyexhibition or for any public, general or useful object; (k) the acquisition,construction, maintenance and alteration of any building or works necessary orconvenient for the purposes of the company; (l) selling,.....
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