Section 293A is about the contribution by Company to the Political Party. The company Law prohibits some of the companies to contribute but not to all the companies.
So, Consultant's advised the Directors to form the Political party & Give the contribution to the Director's Political party from the Company and by that way Director's can get extra money.
So, Whether the option advised by the Consultant is viable or not means Is it Practical or not?
The Option Advised by the Consultant is not viable.
Because the Procedure for forming the Political Party is so, tough that for most of the person the Option is not viable or Practical.
Look at the Procedure for forming the Political Party in India.
Procedure:
For the purpose of registration of any association or body of individual citizens of India as a political party, the association or body is required to make an application to the Election Commission of India giving therein full particulars required under sub-section(4) of Section 29A of the Representation of the People Act, 1951 and additional particulars required under the Registration of political parties (Furnishing of Additional Particulars) Order, 1992.
The application should be neatly typed on the party’s letter-head, if any, and it should be sent by registered post/presented personally to the Secretary to the Election Commission within 30 days following the date of the formation of the party. Any application made after the said period will be time-barred under the provisions of Section 29A(2)(b) of the Representation of the People Act, 1951.
Along with the application, the following documents are also required to be submitted: -
(i) A Demand Draft of Rs. 10,000/- (Rupees Ten Thousand only) on account of processing fee drawn in favour of the Under Secretary, Election Commission of India, New Delhi. It may be noted that the processing fee is non-refundable.
(ii) The memorandum/rules and bye-laws/constitution of the Party containing a specific provision as required under sub-section (5) of Section 29A of the Representation of the People Act, 1951 that “the party shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy and would uphold the sovereignty, unity and integrity of India”.
This mandatory provision must be included in the text of party constitution itself as one of the clauses. As per the provision to sub-section (7) of the said Section 29A, no association or body shallbe registered as a political party unless the memorandum, rules and regulations or the constitution of such association or body conform to the above referred provision of sub-section (5) of Section 29A.
The copy of the party constitution furnished with the application should also contain detailed provisions about all aspects of the party such as criteria for membership, election of office-bearers, and important Committees, duties and powers of the office-bearers, provision regarding disciplinary action, etc, etc.
There should be a specific provision in the rules and regulations/memorandum/Constitution of the party regarding organisational elections at different levels and the periodicity of such elections and term of office of the office-bearers of the party. Besides procedure in the case of merger/dissolution of the association and procedure to be followed for amendment of the Constitution/bye-laws should be provided in the bye-laws.
The Constitution/bye-laws duly authenticated on each page by the General Secretary/President/Chairman of the party and the seal of the signatory affixed thereon.
Certified extracts from the latest electoral rolls in respect of at least 100 members of the organization (including all office-bearers/members of main decision making organs like Executive Committee/Executive Council) to show that they are registered electors. Alternatively photocopies of electoral photo identity cards of such members, duly attested by a Gazetted Officer or Notary can be submitted.
An affidavit duly signed by the President/General Secretary of the applicant party and sworn before a 1stClass Magistrate/Oath Commissioner/Notary Public to the effect that no member of the organization is a member of any other political party registered with the Commission.
Further, individual affidavits from these 100 members affirming that they are members of the association and are not members of any other political party, registered with the Commission and also stating that they are registered electors (name of the constituency where they are registered should be mentioned). These affidavits should be on Stamp Paper of atleast Rs. 2/- denomination and duly sworn before a 1stclassMagistrate/Oath Commissioner/Notary Public.
These affidavits should be from those persons in respect of whom certified extracts of electoral rolls mentioned above are being furnished.
Particulars of Bank account(s), if any, in the name of the party should be given.
Copies of the following documents are given here for information and guidance: — (a) Extract of Section 29A of the Representation of the People Act, 1951. (b) Registration of political parties (Furnishing of Additional Particulars) Order, 1992.
The Option is not viable because
(1)from where to get 100 Peoples who have Voter Id card
(2) People who are ready to sworn before the Magistrate
(3) Wants to become the member of the Party.
Because most of the people hate Political Parties & Politics and those who love the Politics want to go with the Strong parties like Congress and not with the newly formed parties.
If you want to know further about the Political parties & Election commission then visit the folllowing link:
Ankur Shah (Practicing Company Secretary)
“Guru Gautam” Bungalow, Inside Parshwa Tower,
Nr. Shyamal Cross Road, 132ft. Ring Road,
Satellite, Ahmedabad – 15
Contact: + 91-9427633901
E-mail: ankurjewel @ gmail.com
Blog: csankur.blogspot.com
Anita Atif
(Student)
(22 Points)
Replied 22 September 2009
Sir,
I have checked so many post of Yours and I realized that You always try to break the Law.
e.g. This post, Section 293A loophole.
Section 297 Loophole.
You have show the Loophole in Section 58A in freinds definition.
And Your designation "Law Manipulator".
Why you are doing this I mean breaking the law?
It is good that You have Knoweldge, But for the god's sake do not use the Knoweldge for the wrong purpose.
Reply Must.
Miss Anita,
Don't Understand me as the Wrong Person.
I know my duties very well.
At the first time When I read the Company Law carefully, I found more than 300 Loopholes in It. I found atleast 1 Loophole in all the Major sections of the Company Law.
I have tried to convince the Ministry & ICSI both, that I have found the so many Loopholes in the Company Law and allowed me to Put them before the Legislature, So, that Company Law can be amended and People can not derive the benefit from the loopholes. But they have not replied to my urge since yet.
I am posting the Loopholes in the CAClubIndia So, that everybody knows about the Loopholes and Once everybody knows about the loopholes it Will not remain the Loophole then after Because If Everybody is Superhero, then Nobody remains a Superhero.
I know that I should use My knowledge for the benefit of the others, That's why Sometimes ago, probably in February, 2009, I started a campaign to raise the Current Student's articleship stipend from Rs. 500 to Rs. 3500. As student will have to suffer a lot because of very less stipend. I have convinced 7 Members of ICSI Council and they Said to me that they will take the appropriate steps in that matter, But till today The council has done nothing in this matter.
If you want to see the My application for raise of Stipend money then visit to the
Thenafter, I also didn't pinch the Council to raise the Stipend limit, because I got very poor response from the Students side also.
And after being depressed from that event I close my Online query portal for Students & Members, Which is being ran in the www.smsgupshup.com under the name CSClub. The SMS facility provides various updates & Company Law in the SMS format.
However, After few months of that event, My soul again ordered me to help to the Students & Members by solving the queries of them. But now this time I am solving query through the CAClubIndia.com
And from my past experience I learnt that, I can help the Govt. of India by only two means
(1) By the powers like President of ICSI has or I became the part of Parliament.
(2) To awake the Legislators by posting the Loopholes in the Online forum.
I also provide my full details. So, that people can communicate me in better manner.
I hope that I made myself clear Miss Anita.
CA Devanshi Gandhi (Ajani)
(FCA DISA Mcom CIFRS & LLB)
(9058 Points)
Replied 22 September 2009
i agree with Ankur
Sivaprasad
(Assistant Manager (F&A))
(63 Points)
Replied 22 September 2009
Dear Mr.Ankur,
First of all i would appreciate your professional way of reply to the question rised (what ever manner it is) secondly,We appreciate all your efforts taken.
Keep the good job doin.
Regards,
Siva
CS Ekta
(Company Secretary)
(309 Points)
Replied 22 September 2009
I think Mr. Shah is really taking a great effort for the betterment of the CS community. This is really commendable.
The Harshit Aggarwal
(B.Com(H) ,CS Final)
(5278 Points)
Replied 22 September 2009
| Originally posted by :Megha Shah | ||
| " | gud job... sir... | " |
Dhanya Rose
(Student)
(147 Points)
Replied 26 September 2009
Wow..........Law Manipulator....That must be intelligent.
CAclubindia
