Bare Act Search Results

Companies Act, 1956 Part 6

Title: Management and Administration

State: Central

Year: 1956

.....filed with the Registrar along with the return a certificate signed by 3 [the signatories] of the return, stating- (a) that the return states the facts as they stood on the day of the annual general meeting aforesaid, correctly and completely; 4 [***] 5 [(aa) that since the date of the last annual return the transfer of all shares and debentures and the issue of all further certificates of shares and debentures have been appropriately recorded in the books maintained for the purpose; and] (b) in the case of a private company also, (i) that the company has not, since the date of the annual general meeting with reference to which the last return was submitted, or in the case of a first return, since the date of the incorporation of the company, issued any invitation to the public to subscribe for any shares or debentures of the company, and (ii) that, where the annual return discloses the fact that the number of members of the company exceeds fifty, the excess consists wholly of persons who under sub-clause (b) of clause (iii) of sub-­section (1) of section 3 are not to be included in reckoning the number of fifty. ____________________ 1. The words "managing agent,.....

Companies Act, 1956 Complete Act

State: Central

Year: 1956

.....the same activity as that carried on by the head office of the company; or (c) any establishment engaged in any production, processing or manufacture, but does not include any establishment specified in any order made by the Central Government under (section 8);] (10) "company" means a company as defined in (section 3); [(10A) "Company Law Board" means the Board of Company Law Administration constituted under (section 10E);] [(11) "the Court" means,- (a) with respect to any matter relating to a company (other than any offence against this Act), the Court having jurisdiction under this Act with respect to that matter relating to that company, as provided in (section 10) ; (b) with respect to any offence against this Act, the Court of a Magistrate of the First Class or, as the case may be, a Presidency Magistrate, having jurisdiction to try such offence ;] (12) "debenture" includes debenture stock, bonds and any other securities of a company, whether constituting a charge on the assets of the company or not; [(12A) "depository" has the same meaning as in the (Depositories Act, 1996) (22 of 1996); (12B) "derivative" has the same meaning as in clause (aa) of (S.2.....

Companies Act, 1956 Chapter 1

Title: General Provisions

State: Central

Year: 1956

.....filed with the Registrar along with the return a certificate signed by 3 [the signatories] of the return, stating- (a) that the return states the facts as they stood on the day of the annual general meeting aforesaid, correctly and completely; 4 [***] 5 [(aa) that since the date of the last annual return the transfer of all shares and debentures and the issue of all further certificates of shares and debentures have been appropriately recorded in the books maintained for the purpose; and] (b) in the case of a private company also, (i) that the company has not, since the date of the annual general meeting with reference to which the last return was submitted, or in the case of a first return, since the date of the incorporation of the company, issued any invitation to the public to subscribe for any shares or debentures of the company, and (ii) that, where the annual return discloses the fact that the number of members of the company exceeds fifty, the excess consists wholly of persons who under sub-clause (b) of clause (iii) of sub-­section (1) of section 3 are not to be included in reckoning the number of fifty. ____________________ 1. The words "managing agent,.....

Companies Act, 1956 Section 224

Title: Appointment and Remuneration of Auditors

State: Central

Year: 1956

..... (4) The company shall, within seven days of the Central Government's power under sub-section (3), becoming exercisable, give notice of that fact to that Government; and, if a company fails to give such notice, the company, and every officer of the company who is in default, shall be punishable with fine which my extend to 8 [five thousand rupees]. (5) The first auditor or auditors of a company shall be appointed by the Board of directors within one month of the date of registration of the company; and the auditor or auditors so appointed shall hold offices until the conclusion of the first annual general meeting: Provided that - (a) the company may, at a general meeting, remove any such auditor or all or any of such auditors and appoint in his or their places any other person or persons who have been nominated for appointment by any member of the company and of whose nomination notice has been given to the members of the company not less than fourteen days before the date of the meeting; and (b) if the Board fails to exercise its powers under this sub-section, the company in general meeting may appoint the first auditor or auditors. (6) (a) The Board may fill.....

Companies Act, 1956 Chapter 2

Title: Directors

State: Central

Year: 1956

.....the representations are received by it too late for it to do so, - (a) in any notice of the resolution given to me mbers of the company state the fact of the representations having been made; and (b) send a copy of the representations to every me mber of the company to whom notice of the me eting is sent (whether before or after receipt of the representations by the company); and if a copy of the representations is not sent as aforesaid because they were received too late or because of the company's default, the director may (without prejudice to hi s right to be heard orally) require that the representations shall be read out at the me eting: Provided that copies of the representations need not be sent out and the representations need not be read out at the me eting if, on the application either of the company or of any other person who claims to be aggrieved, the1[Central Government] is satisfied that the rights conferred by this sub-section are being abused to secure needless publicity for defamatory mailer; and the1[Central Government] may order the company's costs on the application to be paid in whole or in part by the director notwithstanding that he is not a.....

Companies Act, 1956 Section 284

Title: Removal of Directors

State: Central

Year: 1956

.....the representations are received by it too late for it to do so, - (a) in any notice of the resolution given to me mbers of the company state the fact of the representations having been made; and (b) send a copy of the representations to every me mber of the company to whom notice of the me eting is sent (whether before or after receipt of the representations by the company); and if a copy of the representations is not sent as aforesaid because they were received too late or because of the company's default, the director may (without prejudice to hi s right to be heard orally) require that the representations shall be read out at the me eting: Provided that copies of the representations need not be sent out and the representations need not be read out at the me eting if, on the application either of the company or of any other person who claims to be aggrieved, the1[Central Government] is satisfied that the rights conferred by this sub-section are being abused to secure needless publicity for defamatory mailer; and the1[Central Government] may order the company's costs on the application to be paid in whole or in part by the director notwithstanding that he is not a.....

Multi State Co-operative Societies Act, 1984 [Repealed] Repealing Act 1

Title: Multi-state Co-operative Societies Act, 2002

State: Central

Year: 1984

.....from the salary or wages payable to him, such amount as may be specified in the agreement and to pay the amount so deducted to the society in satisfaction of any debt or other demand the member owes to the society. (2) On the execution of such agreement, the employer disbursing the salary or wages of the members shall, if so required by the multi-State co-operative society, by a requisition in writing and so long as the society does not intimate that the whole of such debt or other demand has been paid, make the deduction in accordance with the agreement and pay the amount so deducted to the society within a period of fourteen days of the date on which deduction has been made, as if it were a part of the salary or wages payable on the day as required under the Payment of Wages Act, 1936(4 of 1936), and such payment shall be valid discharge of the employer for his liability to pay the amount deducted. (3) If after the receipt of a requisition made under sub-section (2), the employer disbursing the salary or wages of the member at any time fails to deduct the amount specified in the requisition from the salary or wages payable to the member concerned or makes default in.....

Multi-state Co-operative Societies Act, 2002 Chapter VIII

Title: Audit, Inquiry, Inspection and Surcharge

State: Central

Year: 2002

.....received by it too late for it to do so,-- (a) in any notice of the resolution given to members of the multi-State cooperative society, state the fact of the representations having been made; and (b) send a copy of the representation to every member of the multi-State cooperative society to whom notice of the meeting is sent, whether before or after the receipt of the representations by the multi-State co-operative society, and if a copy of the representations is not sent as aforesaid because they were received too late or because of the multi-State co-operative society's default, the auditor may (without prejudice to his right to be heard orally) require that the representations shall be read out at the meeting. Section 72 - Qualifications and disqualifications of auditors (1) A person shall not be qualified for appointment as an auditor of a multi-State co-operative society unless he is a chartered accountant within the meaning of the Chartered Accountants Act, 1949(38 of 1949). (2) None of the following persons shall be qualified for appointment as auditor of a multi-State co-operative society-- (a) a body corporate; (b) an officer or employee of the.....

Multi-state Co-operative Societies Act, 2002 Section 70

Title: Appointment and Remuneration of Auditors

State: Central

Year: 2002

.....co-operative society not less than fourteen days before the date of the meeting; and (b) if the board fails to exercise its powers under this sub-section, the multi-State co-operative society in the general meeting may appoint the first auditor or auditors. (7) (a) The multi-State co-operative society may fill any casual vacancy in the office of an auditor; but while any such vacancy continues, the remaining auditor or auditors, if any, may act: Provided that where such vacancy is caused by the resignation of an auditor, the vacancy shall only be filled by the multi-State co-operative society in general meeting. (b) Any auditor appointed in a casual vacancy shall hold office until the conclusion of the next annual general meeting. (8) Any auditor appointed under this section may be removed from office before the expiry of his term by the multi-State co-operative society in general meeting. (9) The remuneration of the auditors of a multi-State co-operative society-- (a) in the case of an auditor appointed by the board or the Central Registrar may be fixed by the board or the Central Registrar, as the case may be; and (b) subject to clause (a), shall be fixed by.....

Companies Act, 2013, Section 169

Title: Removal of Directors

State: Central

Year: 2013

.....the company, the company shall, if the time permits it to do so,-- (a) in any notice of the resolution given to members of the company, state the fact of the representation having been made; and (b) send a copy of the representation to every member of the company to whom notice of the meeting is sent (whether before or after receipt of the representation by the company), and if a copy of the representation is not sent as aforesaid due to insufficient time or for the company's default, the director may without prejudice to his right to be heard orally require that the representation shall be read out at the meeting: Provided that copy of the representation need not be sent out and the representation need not be read out at the meeting if, on the application either of the company or of any other person who claims to be aggrieved, the Tribunal is satisfied that the rights conferred by this sub-section are being abused to secure needless publicity for defamatory matter; and the Tribunal may order the company's costs on the application to be paid in whole or in part by the director notwithstanding that he is not a party to it. (5) A vacancy created by the removal of a.....