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Start Free TrialCompanies Act, 1956 Complete Act
State: Central
Year: 1956
.....as in the (Depositories Act, 1996) (22 of 1996); (12B) "derivative" has the same meaning as in clause (aa) of (S.2 of the Securities Contracts (Regulation) Act, 1956) (42 of 1956);] (13) "director" includes any person occupying the position of director, by whatever name called; (14) "District Court" means the principal Civil Court of original jurisdiction in a district, but does not include a High Court in the exercise of its ordinary original civil jurisdiction ; [(14A) "dividend" includes any interim dividend;] (15) "document" includes summons, notice, requisition, order, other legal process, and registers, whether issued, sent or kept in pursuance of this or any other Act or otherwise ; [(15A) "employees stock option" means the option given to the whole-time directors, officers or employees of a company, which gives such directors, officers or employees the benefit or right to purchase or subscribe at a future date, the securities offered by the company at a pre-determined price;] (16) "existing company" means an existing company as defined in (section 3); (17) "financial year" means, in relation to any body corporate, the period in respect of which.....
List Judgments citing this sectionMedicinal and Toilet Preparations (Excise Duties) Rules, 1956 Complete Act
State: Central
Year: 1956
.....or, to determine the capacity of any cask or receptacle; (xii) "laboratory" means that part of a non-bonded or bonded manufactory in which the actual manufacture of dutiable goods takes place; (xiii) "manufacturer" means a person to whom a licence has been granted for the manufacture of dutiable goods; (xiv) "officer-in-charge" means an officer of the Excise Department of any State appointed by the collecting Government to supervise work in a bonded manufactory or a bonded warehouse and includes officers of any other Department similarly appointed; (xv) "proper officer" means an Excise Officer in whose jurisdiction the premises of the manufacturer of any dutiable goods, or of any person engaged in the process of manufacture of,or trade in such goods or containers thereof, whether as manufacturer, wholesale dealer, or intended manufacturer or wholesale dealer, are situated; (xvi) "prove" means to test the strength of alcohol by hydrometer or other suitable instrument; (xvii) "quarter" means a period of three months beginning with 1st January, 1st April, 1st July or 1st October; (xviii) "rectified spirit" means plain undenatured alcohol of a strength not less than 50.0.....
List Judgments citing this sectionCompanies Act, 1956 Part 6
Title: Management and Administration
State: Central
Year: 1956
.....Act, 1996, shall be deemed to be an index of members and register and index of debenture-holders, as the case may be, for the purposes of this Act.] ____________________ 1. Inserted by Act 22 of 1996, Section 30 and Schedule (w.r.e.f. 20-9-1995). Section 153 - Trusts not to be entered on register No notice of any trust, express, implied or constructive, shall be entered on the register of members or of debenture-holders1[***] ____________________ 1. The words "or be receivable by the Registrar" omitted by Act 53 of 1963, Section 6 (w.e.f. 1-1-1964). Section 153A - Appointment of public trustee 1[153A. Appointment of public trustee 2[(1)] The Central Government may, by notification in the Official Gazette, appoint a person as public trustee to discharge the functions and to exercise the rights and powers conferred on him by or under this Act.] 3[(2) The provision of this section shall not apply on and after the commencement of the Companies (Amendment) Act, 2000.] ____________________ 1. Inserted by Act 53 of 1963, Section 7 (w.e.f. 1-1-1964). 2. Section 153A renumbered as sub-section (1) thereof by Act 53 of 2000, Section 63 (w.e.f. 13-12-2000)......
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Chapter 1
Title: General Provisions
State: Central
Year: 1956
.....Act, 1996, shall be deemed to be an index of members and register and index of debenture-holders, as the case may be, for the purposes of this Act.] ____________________ 1. Inserted by Act 22 of 1996, Section 30 and Schedule (w.r.e.f. 20-9-1995). Section 153 - Trusts not to be entered on register No notice of any trust, express, implied or constructive, shall be entered on the register of members or of debenture-holders1[***] ____________________ 1. The words "or be receivable by the Registrar" omitted by Act 53 of 1963, Section 6 (w.e.f. 1-1-1964). Section 153A - Appointment of public trustee 1[153A. Appointment of public trustee 2[(1)] The Central Government may, by notification in the Official Gazette, appoint a person as public trustee to discharge the functions and to exercise the rights and powers conferred on him by or under this Act.] 3[(2) The provision of this section shall not apply on and after the commencement of the Companies (Amendment) Act, 2000.] ____________________ 1. Inserted by Act 53 of 1963, Section 7 (w.e.f. 1-1-1964). 2. Section 153A renumbered as sub-section (1) thereof by Act 53 of 2000, Section 63 (w.e.f. 13-12-2000)......
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 153B
Title: Declaration as to Shares and Debentures Held in Trust
State: Central
Year: 1956
.....to be true, he shall be punishable with imprisonment for a term which may extend to two years and also with fine. (4) The provisions of this section and section 187B shall not apply in relation to a trust- (a) where the trust is not created by instrument in writing; or (b) even if the trust is created by instrument in writing,2[where the value of the shares in, or debentures of, a company held in trust]- (i) does not exceed one lakh of rupees, or (ii) exceeds one lakh of rupees but does not exceed either five lakhs of rupees or twenty-five per cent of the paid-up share capital of the company,3[whichever is less, or]] 4[(c) where the trust is created to set up a Mutual Fund or Venture Capital Fund or such other fund as may be approved by the Securities and Exchange Board of India established under sub-section (1) of section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992).] 5[Explanation.-The expression "the value of the shares in, or debentures of, a company" in clause (b) means,- (i) in the case of shares or debentures acquired by way of allotment or transfer for consideration, the cost of acquisition thereof, and (ii) in any other.....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Chapter 2
Title: Incorporation of Producer Companies and Other Matters
State: Central
Year: 1956
.....thereof, and the Producer Company shall not, under any circumstance, whatsoever, become or be deemed to become a public limited company under this Act. Section 581D - Membership and voting rights of Members of Producer Company (1) (a) In a case where the membership consists solely of individual members, the voting rights shall be based on a single vote for every Member, irrespective of his shareholding or patronage of the Producer Company. (b) In a case where the membership consists of Producer institutions only, the voting rights of such Producer institutions shall be determined on the basis of their participation in the business of the Producer Company in the previous year, as may be specified by articles: Provided that during the first year of registration of a Producer Company, the voting rights shall be determined on the basis of the shareholding by such Producer institutions. (c) In a case where the membership consists of individuals and Producer institutions, the voting rights shall be computed on the basis of a single vote for every Member. (2) The articles of any Producer Company may provide for the conditions, subject to which a Member may continue to.....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 581G
Title: Articles of Association
State: Central
Year: 1956
.....of shares; (b) the manner of ascertaining the patronage and voting right based on patronage; (c) subject to the provisions contained in sub-section (1) of section 581N, the manner of constitution of the Board, its powers and duties, the minimum and maximum number of directors, manner of election and appointment of directors and retirement by rotation, qualifications for being elected or continuance as such and the terms of office of the said directors, their powers and duties, conditions for election or co-option of directors, method of removal of directors and the filling up of vacancies on the Board, and the manner and the terms of appointment of the Chief Executive; (d) the election of the Chairman, term of office of directors and the Chairman, manner of voting at the general or special meetings of Members, procedure for voting, by directors at meetings of the Board, powers of the Chairman and the circumstances under which the Chairman may exercise a casting vote. (e) the circumstances under which, and the manner in which, the withheld price is to be determined and distributed; (f) the manner of disbursement of patronage bonus in cash or by issue of equity.....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Chapter 7
Title: Loans to Members and Investments
State: Central
Year: 1956
.....may invest, by way of subscription, purchase or otherwise, shares in any other company, other than a Producer Company, specified under sub-section (2), or subscription of capital under sub-section (3), for an amount not exceeding thirty per cent, of the aggregate of its paid up capital and free reserves: Provided that a Producer Company may, by special resolution passed in its general meeting and with prior approval of the Central Government, invest in excess of the limits specified in this section. (5) All investments by a Producer Company may be made if such investments are consistent with the objects of the Producer Company. (6) The Board of a Producer Company may, with the previous approval of Members by a special resolution, dispose of any of its investments referred to in sub-sections (3) and (4). (7) Every Producer Company shall maintain a register containing particulars of all the investments, showing the names of the companies in which shares have been acquired, number and value of shares; the date of acquisition; and the manner and price at which any of the shares have been subsequently disposed of. (8) The register referred to in sub-section (7).....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 581ZL
Title: Investment in Othercompanies Formation of Subsidiaries, Etc.
State: Central
Year: 1956
.....consistent with the objects of the Producer Company. (6) The Board of a Producer Company may, with the previous approval of Members by a special resolution, dispose of any of its investments referred to in sub-sections (3) and (4). (7) Every Producer Company shall maintain a register containing particulars of all the investments, showing the names of the companies in which shares have been acquired, number and value of shares; the date of acquisition; and the manner and price at which any of the shares have been subsequently disposed of. (8) The register referred to in sub-section (7) shall be kept at the registered office of the Producer Company and the same shall be open to inspection by any Member who may take extracts therefrom.
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Schedule 5
Title: Schedule 5
State: Central
Year: 1956
.....than those listed above) I I I II I I I _________________________________________________________ We certify that: (a) the return states the facts as they stood on the date of the annual general meeting aforesaid, correctly and completely; (b) since the date of the last annual return the transfer of all shares, debentures the issue of all further certificates of shares and debentures has been appropriately recorded in the books maintained for the purpose; 2[(c) the whole of amounts envisaged in clauses (a) to (e) of Sub-section (2) of Section 205C of the Companies Act, 1956 remaining unpaid or unclaimed for a period of seven years from the date they become payable by a company have been credited to the Investor Education and Protection Fund :] (d) 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; (e) where the annual return discloses the fact that the number of members of the company exceeds fifty, the excess consists.....
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