CONTENTS
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|
Sections
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Particulars
|
Chapter II
|
Directors
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|
|
252
|
Minimum number of directors.
|
253
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Only individuals to be directors.
|
254
|
Subscribers of memorandum deemed to be directors.
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255
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Appointment of directors and proportion of those who are to retire by rotation.
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256
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Ascertainment of directors retiring by rotation and filling of vacancies.
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257
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Right of persons other than retiring directors to stand for directorship.
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258
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Right of company to increase or reduce the number of directors.
|
259
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Increase in number of directors to require Government sanction.
|
260
|
Additional directors.
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261
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Certain persons not to be appointed directors, except by special resolution.
|
262
|
Filling of casual vacancies among directors.
|
263
|
Appointment of directors to be voted on individually.
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263A
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Sections 177, 255, 256 and 263 not to apply in relation to companies not carrying on business for profit, etc.
|
264
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Consent of candidate for directorship to be filed with the company and consent to act as director to be filed with the Registrar.
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265
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Option to company to adopt proportional representation for the appointment of directors.
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266
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Restrictions on appointment or advertisement of director.
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267
|
Certain persons not to be appointed managing directors.
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268
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Amendment of provision relating to managing, whole time or non-rotational directors to require Government approval.
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269
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Appointment of managing or whole-time director or manager to require Government approval only in certain cases.
|
270
|
Time within which share qualification is to be obtained and maximum amount thereof.
|
271
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Repealed.
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272
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Penalty.
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273
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Saving
|
274
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Disqualifications of directors.
|
275
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No person to be a director of more than twenty companies.
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276
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Choice to be made by director of more than twenty companies at commencement of Act.
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277
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Choice by person becoming director of more than twenty companies after commencement of Act.
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278
|
Exclusion of certain directorships for the purposes of sections 275, 276 and 277.
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279
|
Penalty.
|
280
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Repealed.
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281
|
Repealed.
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282
|
Repealed.
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283
|
Vacation of office by directors.
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284
|
Removal of directors.
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285
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Board to meet at least once in every three calendar months.
|
286
|
Notice of meetings.
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287
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Quorum for meetings.
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288
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Procedure where meeting adjourned for want of quorum.
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289
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Passing of resolutions by circulation.
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290
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Validity of acts of directors.
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291
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General powers of Board.
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292
|
Certain powers to be exercised by Board only at meeting.
|
292A
|
Audit Committee
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293
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Restrictions on powers of Board.
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293A
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Prohibitions and restrictions regarding political contributions.
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293B
|
Power of Board and other persons to make contributions to the National Defence Fund, etc.
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294
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Appointment of sole selling agents to require approval of company in general meeting.
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294A
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Prohibition of payment of compensation to sole selling agents for loss of office in certain cases.
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294AA
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Power of Central Government to prohibit the appointment of sole selling agents in certain cases.
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295
|
Loans to directors, etc.
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296
|
Application of section 295 to book debts in certain cases.
|
297
|
Board's sanction to be required for certain contracts in which particular directors are interested.
|
298
|
Power of directors to carry on business when managing agent or secretaries and treasurers are deemed to have vacated office, etc.
|
299
|
Disclosure of interests by director.
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300
|
Interested director not to participate or vote in Board's proceedings.
|
301
|
Register of contracts, companies and firms in which directors are interested.
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302
|
Disclosure to members of director's interest in contract appointing manager, managing director.
|
303
|
Register of directors.
|
304
|
Inspection of the register.
|
305
|
Duty of directors, etc., to make disclosure.
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306
|
Register to be kept by Registrar and inspection thereof.
|
307
|
Register of directors' shareholdings, etc.
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308
|
Duty of directors and persons deemed to be directors to make disclosure of shareholdings.
|
309
|
Remuneration of directors.
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310
|
Provision for increase in remuneration to require Government sanction.
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311
|
Increase in remuneration of managing director on reappointment or appointment after Act to require Government sanction.
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312
|
Prohibition of assignment of office by director.
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313
|
Appointment and term of office of alternate directors.
|
314
|
Director, etc., not to hold office or place of profit.
|
315
|
Omitted.
|
316
|
Number of companies of which one person may be appointed managing director.
|
317
|
Managing Director not to be appointed for more than five years at a time.
|
318
|
Compensation for loss of office not permissible except to managing or whole-time directors or to directors who are managers.
|
319
|
Payment to director, etc., for loss of office, etc., in connection with transfer of undertaking or property.
|
320
|
Payment to director for loss of office, etc., in connection with transfer of shares.
|
321
|
Provisions supplementary to sections 318, 319 and 320.
|
322
|
Directors, etc., with unlimited liability in limited company.
|
323
|
Special resolution of limited company making liability of directors, etc., unlimited.
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|
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Chapter III
|
Managing Agents
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|
|
324
|
Power of Central Government to notify that companies engaged in specified classes of industry or business shall not have managing agents.
|
324A
|
Abolition of managing agencies and secretaries and treasurers.
|
325
|
Managing agency company not to have managing agent.
|
325A
|
Subsidiary of a body corporate not to be appointed as managing agent.
|
326
|
Central Government to approve of appointment, etc., of managing agent and circumstances in which approval may be accorded.
|
327
|
Application of sections 328 to 331.
|
328
|
Term of office of managing agent.
|
329
|
Variation of managing agency agreement.
|
330
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Term of office of existing managing agents to terminate on 15th August, 1960.
|
331
|
Application of Act to existing managing agents.
|
332
|
No person to be managing agent of more than ten companies after 15th August, 1960.
|
333
|
Right of managing agent to charge on company's assets.
|
334
|
Vacation of office on insolvency, dissolution or winding up, etc.
|
335
|
Suspension from office where receiver appointed.
|
336
|
Vacation of office on conviction in certain cases.
|
337
|
Removal for fraud or breach of trust.
|
338
|
Removal for gross negligence or mismanagement.
|
339
|
Power to call meetings for the purposes of sections 337 and 338 and procedure.
|
340
|
Time when certain disqualifications will take effect.
|
341
|
Conviction not to operate as disqualification if convicted partner, director, etc., is expelled.
|
342
|
Resignation of office by managing agent.
|
343
|
Transfer of office by managing agent.
|
344
|
Managing agency not to be heritable after commencement of Act.
|
345
|
Succession to managing agency by inheritance or device under agreement before commencement of Act, to be subject to Central Government's approval.
|
346
|
Changes in constitution of managing agency, firm or corporation to be approved by Central Government.
|
347
|
Application of Schedule VIII to certain managing agents.
|
348
|
Remuneration of managing agent ordinarily not to exceed 10 per cent of net profits.
|
349
|
Determination of depreciation.
|
350
|
Ascertainment of depreciation.
|
351
|
Special provision where there is a profit-sharing arrangement between two or more companies.
|
352
|
Payment of additional remuneration.
|
353
|
Time of payment of remuneration.
|
354
|
Managing agent not entitled to office allowance but entitled to be reimbursed in respect of expenses.
|
355
|
Saving.
|
356
|
Appointment of managing agent or associate as selling agent of goods produced by the company.
|
357
|
Application of section 356 to case where business of company consists of the supply or rendering of any services.
|
358
|
Appointment of managing agent or associate as buying agent for company.
|
359
|
Commission, etc., of managing agent as buying or selling agent of other concerns.
|
360
|
Contracts between managing agent or associate and company for the sale or purchase of goods or the supply of services, etc.
|
361
|
Existing contracts relating to matters dealt with in sections 356 to 360 to terminate on 1st March, 1958.
|
362
|
Registers to be open to inspection.
|
363
|
Remuneration received in contravention of foregoing sections to be held in trust for company.
|
364
|
Company not to be bound by assignment of, or charge on, managing agent's remuneration.
|
365
|
Prohibition of payment of compensation for loss of office in certain cases.
|
366
|
Limit of compensation for loss of office.
|
367
|
Managing agent's rights and liabilities after termination of office.
|
368
|
Managing agent to be subject to control of Board and to restrictions in Schedule VII.
|
369
|
Loans to managing agent.
|
370
|
Loans, etc., to companies under the same management.
|
370A
|
Provisions as to certain loans which could not have been made if sections 369 and 370 were in force.
|
371
|
Penalty for contravention of section 369, 370 or 370A.
|
372
|
Purchase by company of shares, etc., of other companies.
|
373
|
Investments made before commencement of Act.
|
374
|
Penalty for contravention of section 372 or 373.
|
375
|
Managing agent not to engage in business competing with business of managed company.
|
376
|
Condition prohibiting reconstruction or amalgamation of company except on continuance of managing agent, etc., to be void.
|
377
|
Restrictions on right of managing agent to appoint directors.
|
CONTENTS
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|
Sections
|
Particulars
|
Chapter IV
|
A. Secretaries and Treasurers.
|
|
|
378
|
Appointment of secretaries and treasurers.
|
379
|
Provisions applicable to managing agents to apply to secretaries and treasurers with the exceptions and modifications specified in sections 380 to 383.
|
380
|
Sections 324, 330 and 332 not to apply.
|
381
|
Section 348 to apply subject to a modification.
|
382
|
Secretaries and treasurers not to appoint directors.
|
383
|
Secretaries and treasurers not to sell goods or articles produced by company, etc., unless authorised by Board.
|
383A
|
Certain companies to have secretaries.
|
|
|
|
B. Managers
|
384
|
Firm or body corporate not to be appointed manager.
|
385
|
Certain persons not to be appointed managers.
|
386
|
Number of companies of which a person may be appointed manager.
|
387
|
Remuneration of manager.
|
388
|
Application of sections 269, 310, 311, 312 and 317 to managers.
|
388A
|
Sections 386 to 388 not to apply to certain private companies.
|
|
|
Chapter IVA
|
Powers of Central Government to Remove Managerial Personnel from Office on the Recommendation of the Company Law Board.
|
|
|
388B
|
Reference to Company Law Board of cases against managerial personnel.
|
388C
|
Interim order by Company Law Board.
|
388D
|
Findings of the Company Law Board.
|
388E
|
Power of Central Government to remove managerial personnel on the basis of Company Law Board's decision.
|
|
|
Chapter V
|
Arbitration, Compromises, Arrangements and Reconstructions.
|
|
|
389
|
Repealed - Power for Companies to refer matters to arbitration.
|
390
|
Interpretation of sections 391 and 393.
|
391
|
Power to compromise or make arrangements with creditors and members.
|
392
|
Power of High Court to enforce compromises and arrangements.
|
393
|
Information as to compromises or arrangements with creditors and members.
|
394
|
Provisions for facilitating reconstruction and amalgamation of companies.
|
394A
|
Notice to be given to Central Government for applications under Sections 391 and 394.
|
395
|
Power and duty to acquire shares of shareholders dissenting from scheme or contract approved by majority.
|
396
|
Power of Central Government to provide for amalgamation of companies in national interest.
|
396A
|
Preservation of books and papers of amalgamated company.
|
|
|
Chapter VI
|
Prevention of Oppression and Mismanagement.
|
|
|
397
|
Application to Company Law Board for relief in cases of oppression.
|
398
|
Application to Company Law Board for relief in cases of mismanagement.
|
399
|
Right to apply under sections 397 and 398.
|
400
|
Notice to be given to Central Government of applications under sections 397 and 398.
|
401
|
Right of Central Government to apply under sections 397 and 398.
|
402
|
Powers of Company Law Board on application under section 397 or 398.
|
403
|
Interim order by Company Law Board.
|
404
|
Effect of alteration of memorandum or articles of company by order under section 397 or 398.
|
405
|
Addition of respondents to application under section 397 or 398.
|
406
|
Application of sections 539 to 544 to proceedings under sections 397 and 398.
|
407
|
Consequences of termination or modification of certain agreements.
|
408
|
Powers of Government to prevent oppression or mismanagement.
|
409
|
Power of Company Law Board to prevent change in Board of Directors Likely to affect company prejudicially.
|
|
|
Chapter VII
|
Constitution and Powers of Advisory Committee.
|
|
|
410
|
Appointment of Advisory Committee.
|
411
|
Repealed.
|
412
|
Repealed.
|
413
|
Repealed.
|
414
|
Repealed.
|
415
|
Repealed.
|
|
|
Chapter VIII
|
Miscellaneous provisions.
|
|
|
416
|
Contracts by agents of company in which company is undisclosed principal.
|
417
|
Employees' securities to be deposited in post office savings Bank or in Scheduled Bank.
|
418
|
Provision applicable to provident funds of employees.
|
419
|
Right of employee to see bank's receipt for moneys or securities referred to in section 417 or 418.
|
420
|
Penalty for contravention of section 417, 418 and 419.
|
421
|
Filing of accounts of receivers.
|
422
|
Invoices, etc., to refer to receiver where there is one.
|
423
|
Penalty for non-compliance with sections 421 and 422.
|
424
|
Application of sections 421 to 423 to receivers and managers appointed by Court and managers appointed in pursuance of an instrument.
|
424A
|
Reference to Tribunal.
|
424B
|
Inquiry into working of sick industrial companies.
|
424C
|
Powers of Tribunal to make suitable order on completion of inquiry.
|
424D
|
Preparation and sanction of schemes.
|
424E
|
Rehabilitation by giving financial assistance.
|
424F
|
Arrangement for continuing operations, etc., during inquiry.
|
424G
|
Winding up of sick industrial company.
|
424H
|
Operating agency to prepare complete inventory, etc.
|
424I
|
Direction not to dispose of assets.
|
424J
|
Power of Tribunal to call for periodic information.
|
424K
|
Misfeasance proceedings.
|
424L
|
Penalty for certain offences.
|
|
|
Part VII
|
Winding Up
|
|
|
Chapter I
|
Preliminary
|
|
|
425
|
Modes of winding up.
|
426
|
Liability as contributories of present and past members.
|
427
|
Obligations of directors, managers whose liability is unlimited.
|
428
|
Definition of "contributory".
|
429
|
Nature of liability of contributory.
|
430
|
Contributories in case of death of member.
|
431
|
Contributories in case of insolvency of member.
|
432
|
Contributories in case of winding up of a body corporate which is a member.
|
|
|
Chapter II
|
Winding up by the Court.
|
|
|
433
|
Circumstances in which company may be wound up by Court.
|
434
|
Company when deemed unable to pay its debts.
|
435
|
Transfer of winding up proceedings to District Court.
|
436
|
Withdrawal and transfer of winding up from one District Court to another.
|
437
|
Power of High Court to retain winding up proceedings in District Court.
|
438
|
Jurisdiction of High court under sections 435, 436 and 437 to be exercised at any time and at any stage.
|
439
|
Provisions as to applications for winding up.
|
439A
|
Statement of affairs to he filed on winding up of a company.
|
440
|
Right to present winding up petition where company is being wound up voluntarily or subject to Court's supervision.
|
441
|
Commencement of winding up by Court.
|
441A
|
Levy and collection of cess on turnover or gross receipts of companies.
|
441B
|
Crediting proceeds of cess to Consolidated Fund of India.
|
441C
|
Rehabilitation Fund.
|
441D
|
Application of Fund.
|
441E
|
Power to call for information.
|
441F
|
Penalty for non-payment of cess.
|
441G
|
Refund of fund in certain cases.
|
442
|
Power of Court to stay or restrain proceedings against Company.
|
443
|
Powers of Court on hearing petition.
|
444
|
Order for winding up to be communicated to Official Liquidator and Registrar.
|
445
|
Copy of winding up order to be filed with Registrar.
|
446
|
Suits stayed on winding up order.
|
446A
|
Responsibility of directors and officers to submit to Tribunal audited books and accounts.
|
447
|
Effect of winding up order.
|
448
|
Appointment of Official Liquidator.
|
449
|
Official Liquidator to be Liquidator.
|
450
|
Appointment and powers of provisional liquidator.
|
451
|
General provision as to liquidators.
|
452
|
Style etc., of liquidator.
|
453
|
Receiver not to be appointed of assets with liquidator.
|
454
|
Statement of affairs to be made to Official Liquidator.
|
455
|
Report by Official Liquidator.
|
456
|
Custody of company's property.
|
457
|
Powers of liquidator.
|
458
|
Discretion of liquidator.
|
458A
|
Exclusion of certain time in computing periods of limitation.
|
459
|
Provision for legal assistance to liquidator.
|
460
|
Exercise and control of liquidator's powers.
|
461
|
Books to be kept by liquidator.
|
462
|
Audit of liquidator's accounts.
|
463
|
Control of Central Government over liquidators.
|
464
|
Appointment and composition of committee of inspection.
|
465
|
Constitution and proceedings of committee of inspection.
|
466
|
Power of Court to stay winding up.
|
467
|
Settlement of list of contributories and application of assets.
|
468
|
Delivery of property to liquidator.
|
469
|
Payment of debts due by contributory and extent of set-off.
|
470
|
Power of Court to make calls.
|
471
|
Payment into bank of moneys due to company.
|
472
|
Moneys and securities paid into Bank to be subject to order of Court.
|
473
|
Order on contributory to be conclusive evidence.
|
474
|
Power to exclude creditors not proving in time.
|
475
|
Adjustment of rights of contributories.
|
476
|
Power to order costs.
|
477
|
Power to summon persons suspected of having property of company. etc.
|
478
|
Power to order public examination of promoters, directors, etc.
|
479
|
Power to arrest absconding contributory.
|
480
|
Saving of existing powers of Court.
|
481
|
Dissolution of Company.
|
482
|
Order made in any Court to be enforced by other Courts.
|
483
|
Appeals from orders.
|
|
|
Chapter III
|
Voluntary winding up.
|
|
|
484
|
Circumstances in which company may be wound up voluntarily.
|
485
|
Publication of resolution to wind up voluntarily.
|
486
|
Commencement of voluntary winding up.
|
487
|
Effect of voluntary winding up on status of company.
|
488
|
Declaration of solvency in case of proposal to wind up voluntarily.
|
489
|
Provisions applicable to a members' voluntary winding up.
|
490
|
Power of company to appoint and fix remuneration of Liquidators.
|
491
|
Board's powers to cease on appointment of a liquidator.
|
492
|
Power to fill vacancy in office of liquidator.
|
493
|
Notice of appointment of liquidator to be given to Registrar.
|
494
|
Power of liquidator to accept shares, etc., as consideration for sale of property fo company.
|
495
|
Duty of liquidator to call creditors' meeting in case of insolvency.
|
496
|
Duty of liquidator to call general meeting at end of each year.
|
497
|
Final meeting and dissolution.
|
498
|
Alternative provisions as to annual and final meetings in case of insolvency.
|
499
|
Provisions applicable to a creditors' voluntary winding up.
|
500
|
Meeting of creditors.
|
501
|
Notice of resolutions passed by creditors' meeting to be given to Registrar.
|
502
|
Appointment of liquidator.
|
503
|
Appointment of committee of inspection.
|
504
|
Fixing of liquidators' remuneration.
|
505
|
Board's powers to cease on appointment of liquidator.
|
506
|
Power to fill vacancy in office of liquidator.
|
507
|
Application of section 494 to a creditors' voluntary winding up.
|
508
|
Duty of liquidator to call meetings of company and of creditors' at the end of each year.
|
509
|
Final meeting and dissolution.
|
510
|
Provisions applicable to every voluntary winding up.
|
511
|
Distribution of property of company.
|
511A
|
Application of section 454 to voluntary winding up.
|
512
|
Powers and duties of liquidator in voluntary winding up.
|
513
|
Body corporate not to be appointed as liquidator.
|
514
|
Corrupt inducement affecting appointment as liquidator.
|
515
|
Power of Court to appoint and remove liquidator in voluntary winding up.
|
516
|
Notice by liquidator of his appointment.
|
517
|
Arrangement when binding on company and creditors.
|
518
|
Power to apply to Court to have questions determined or powers exercised.
|
519
|
Application of Liquidator to Court for public examination of promoters, directors, etc.
|
520
|
Costs of voluntary winding up.
|
521
|
Repealed.
|
CONTENTS
|
|
Sections
|
Particulars
|
Chapter IV
|
Winding up subject to supervision of Court.
|
|
|
522
|
Power to order winding up subject to supervision.
|
523
|
Effect of petition for winding up subject to supervision.
|
524
|
Power of Court to appoint or remove liquidators.
|
525
|
Powers and obligations of liquidator appointed by Court.
|
526
|
Effect of supervision order.
|
527
|
Appointment in certain cases of voluntary liquidators to office of liquidators.
|
|
|
Chapter V
|
Provisions applicable to every mode of Winding up
|
|
|
528
|
Debts of all descripttions to be admitted to proof.
|
529
|
Application of insolvency rules in winding up of insolvent companies.
|
529A
|
Overriding preferential payments.
|
530
|
Preferential payments.
|
531
|
Fraudulent preference.
|
531A
|
Avoidance of voluntary transfer.
|
532
|
Transfers for benefit of all creditors to be void.
|
533
|
Liabilities and rights of certain fraudulently preferred persons.
|
534
|
Effect of floating charge.
|
535
|
Disclaimer of onerous property in case of a company which is being wound up.
|
536
|
Avoidance of transfers, etc., after commencement of winding up.
|
537
|
Avoidance of certain attachments, executions, etc., in winding up by or subject to supervision of Court.
|
538
|
Offences by officers of companies in liquidation.
|
539
|
Penalty for falsification of books.
|
540
|
Penalty for frauds by officers.
|
541
|
Liability where proper accounts not kept.
|
542
|
Liability for fraudulent conduct of business.
|
543
|
Power of Court to assess damages against delinquent directors, etc.
|
544
|
Liability under sections 542 and 543 to extend to partners or directors in firm or company.
|
545
|
Prosecution of delinquent officers and members of company.
|
546
|
Liquidator to exercise certain powers subject to sanction.
|
547
|
Notification that a company is in liquidation.
|
548
|
Books and papers of company to be evidence.
|
549
|
Inspection of books and papers by creditors and contributories.
|
550
|
Disposal of books and papers of company.
|
551
|
Information as to pending liquidations.
|
552
|
Official Liquidator to make payments in to the public account of India.
|
553
|
Voluntary Liquidator to make payments into Scheduled Bank.
|
554
|
Liquidator not to pay moneys into private banking account.
|
555
|
Unpaid dividends and undistributed assets to be paid into the Companies liquidation Account.
|
556
|
Enforcement of duty of liquidator to make returns, etc.
|
557
|
Meetings to ascertain wishes of creditors or contributories.
|
558
|
Court or person before whom affidavit may be sworn.
|
559
|
Power of Court to declare dissolution of company void.
|
560
|
Power of Registrar to strike defunct company off register.
|
|
|
Part VIII
|
Application of Act to companies formed or registered under previous Companies Laws.
|
|
|
561
|
Application of Act to companies formed and registered under previous companies laws.
|
562
|
Application of Act to companies registered but not formed under previous companies laws.
|
563
|
application of Acct to unlimited companies registered under previous companies laws.
|
564
|
Mode of transferring shares in the case of companies registered under Acts XIX of 1857 and VII of 1860.
|
|
|
Part IX
|
Companies Authorised to register under this Act.
|
|
|
565
|
Companies capable of being registered.
|
566
|
Definition of "Joint-stock company".
|
567
|
Requirements for registration of joint-stock companies.
|
568
|
Requirements for registration of companies not being joint stock companies.
|
569
|
Authentication of statements of existing companies.
|
570
|
Power of Registrar to require evidence as to nature of company.
|
571
|
Notice to customers on registration of banking company with limited liability.
|
572
|
Change of name for purposes of registration.
|
573
|
Addition of "Limited" or "Private Limited" to name.
|
574
|
Certificate of registration of existing companies.
|
575
|
Vesting of property on registration.
|
576
|
Saving for existing liabilities.
|
577
|
Continuation of pending legal proceedings.
|
578
|
Effect of registration under Part.
|
579
|
Power to substitute memorandum and articles for deed of settlement.
|
580
|
Power of Court to stay or restrain proceedings.
|
581
|
Suits stayed on winding up order.
|
581A
|
Definitions.
|
581B
|
Objects of Producer Company.
|
581C
|
Formation of Producer Company and its registration.
|
581D
|
Membership and voting rights of Members of Producer Company.
|
581E
|
Benefits to Members.
|
581F
|
Memorandum of Producer Company.
|
581G
|
Articles of association.
|
581H
|
Amendment of memorandum.
|
581I
|
Amendment of articles.
|
581J
|
Option to inter-State co-operative societies to become Producer Companies.
|
581K
|
Effect of incorporation of Producer Company.
|
581L
|
Vesting of undertaking in Producer Company.
|
581M
|
Concession, etc., to be deemed to have been granted to Producer Company.
|
581N
|
Provisions in respect of officers and other employees of inter-Stale co-operative society.
|
581O
|
Number of directors.
|
581P
|
Appointment of directors.
|
581Q
|
Vacation of office by directors.
|
581R
|
Powers and functions of Board.
|
581S
|
Matters to be transacted at general meeting.
|
581T
|
Liability of directors.
|
581U
|
Committee of directors.
|
581V
|
Meetings of Board and quorum.
|
581W
|
Meetings of Board and quorum.
|
581X
|
Secretary of Producer Company.
|
581Y
|
Quorum.
|
581Z
|
Voting rights.
|
581ZA
|
Annual general meetings.
|
581ZB
|
Share capital.
|
581ZC
|
Special user rights.
|
581ZD
|
Transferability of shares and attendant rights.
|
581ZE
|
Books of account.
|
581ZF
|
Internal audit.
|
581ZG
|
Duties of auditor under this Part.
|
581ZH
|
Donations or subscripttion by Producer Company.
|
581ZI
|
General and other reserves.
|
581ZJ
|
Issue of bonus shares.
|
581ZK
|
Loan, etc., to Members.
|
581ZL
|
Investment in other companies, formation of subsidiaries, etc.
|
581ZM
|
Penalty for contravention.
|
581ZN
|
Amalgamation, merger or division, etc., to form new Producer Companies .
|
581ZO
|
Disputes.
|
581ZP
|
Strike off name of Producer Company.
|
581ZQ
|
Provisions of this Part to override other laws.
|
581ZR
|
Application of provisions relating to private companies.
|
581ZS
|
Reconversion of Producer Company to inter-State co-operative society.
|
581ZT
|
Power to modify Act in its application to Producer Companies.
|
|
|
Part X
|
Winding up of Unregistered companies.
|
|
|
582
|
Meaning of "unregistered company".
|
583
|
Winding up of unregistered companies.
|
584
|
Power to wind up foreign companies, although dissolved.
|
585
|
Contributories in winding up of unregistered company.
|
586
|
Power to stay or restrain proceedings.
|
587
|
Suits, etc., stayed on winding up order.
|
588
|
Directions as to property in certain cases.
|
589
|
Provisions of Part cumulative.
|
590
|
Saving and construction of enactments conferring power to wind up partnership, association or company in certain cases.
|
|
|
Part XI
|
Companies incorporated outside India
|
|
|
591
|
Application of sections 592 to 602 to foreign companies.
|
592
|
Documents etc. ,to be delivered to Registrar by foreign companies carrying on business in India.
|
593
|
Return to be delivered to Registrar by foreign company where documents, etc., altered.
|
594
|
Accounts of foreign company.
|
595
|
Obligation to state name of foreign company, whether limited, and country where incorporated.
|
596
|
Service on foreign company.
|
597
|
Office where documents to be delivered.
|
598
|
Penalties.
|
599
|
Company's failure to comply with Part not to affect its liability under contracts, etc.
|
600
|
Registration of charges, appointment of receiver and books of account.
|
601
|
Fees for registration of documents under Part.
|
602
|
Interpretation of foregoing sections of Part.
|
603
|
Dating of prospectus and particulars to be contained therein.
|
604
|
Provisions as to expert's consent and allotment.
|
605
|
Registration of prospectus.
|
605A
|
Offer of Indian Depository Receipts.
|
606
|
Penalty for contravention of sections 603, 604 and 605.
|
607
|
Civil liability for misstatements in prospectus.
|
608
|
Interpretation of provisions as to prospectuses.
|
|
|
Part XII
|
Registration offices and officers and fees
|
|
|
609
|
Registration Offices.
|
610
|
Inspection, production and evidence of documents kept by Registrar.
|
610A
|
Admissibility of micro films, facsimile copies of documents, computer printouts and documents on computer media as documents and as evidence.
|
611
|
Fees in Schedule X to be paid.
|
612
|
Fees, etc., paid to Registrar and other officers to be accounted for to Central Government.
|
613
|
Power of Central Government to reduce fees, charges, etc.
|
614
|
Enforcement of duty of company to make returns,, etc., to Registrar.
|
614A
|
Power of Court trying offences under the Act to direct the filing of documents with Registrar.
|
|
|
Part XIII
|
General
|
|
|
615
|
Power of Central Government to direct companies to furnish information or statistics.
|
616
|
Application of Act to insurance, banking, electricity supply and other companies governed by special Acts.
|
617
|
Definition of "Government Company".
|
618
|
Government Companies not to have managing agents.
|
619
|
Application of sections 224 to 233 to Government Companies.
|
619A
|
Annual reports on Government Companies.
|
619B
|
Provisions of section 619 to apply to certain companies.
|
620
|
Power to modify Act in relation to Government Companies.
|
620A
|
Power to modify Act in its application to Nidhis, etc.
|
620B
|
Special provisions as to companies in Goa, Daman and Diu.
|
620C
|
Special provisions as to companies in Jammu and Kashmir.
|
621
|
Offences against Act to be cognizable only on complaint by Registrar, shareholder or Government.
|
621A
|
Composition of certain offences.
|
622
|
Jurisdiction to try offences.
|
623
|
Certain offences triable summarily in Presidency towns.
|
624
|
Offences to be non-cognizable.
|
624A
|
Power to Central Government to appoint company prosecutors.
|
624B
|
Appeal against acquittal.
|
625
|
Payment of compensation in case of frivolous or vexatious prosecution.
|
626
|
Application of fines.
|
627
|
Production and inspection of books where offences suspected.
|
628
|
Penalty for false statements.
|
629
|
Penalty for false evidence.
|
629A
|
Penalty where no specific penalty is provided elsewhere in the Act.
|
630
|
Penalty for wrongful withholding of property.
|
631
|
Penalty for improper use of words "Limited" and "Private Limited".
|
632
|
Power to require limited company to give security for costs.
|
633
|
Power of Court to grant relief in certain cases.
|
634
|
Enforcement of orders of Courts.
|
634A
|
Enforcement of orders of Company Law Board.
|
635
|
Enforcement of orders of one Court by other Courts.
|
635A
|
Protection of acts done in good faith.
|
635AA
|
Non-disclosure of information in certain cases.
|
635B
|
Protection of employees during investigation by inspector or pendency of proceeding before Court in certain cases.
|
636
|
Reduction of fees, charges, etc., payable to company.
|
637
|
Delegation by Central Government of its powers and functions under Act.
|
637A
|
Power of Central Government or Company Law Board to accord approval, etc., subject to conditions and to prescribe fees on applications.
|
637AA
|
Power of Central Government to fix a limit with regard to remuneration.
|
637B
|
Condonation of delays in certain cases.
|
638
|
Annual report by Central Government.
|
639
|
Repealed.
|
640
|
Validation of registration of firms as members of charitable and other companies.
|
640A
|
Exclusion of time required in obtaining copies of order of Court or the Company Law Board.
|
640B
|
Forms of, and procedure in relation to certain applications.
|
641
|
Power to alter Schedules.
|
642
|
Power of Central Government to make rules.
|
643
|
Power of Supreme Court to make rules.
|
644
|
Repeal of Acts specified in Schedule XII.
|
645
|
Saving of orders, rules, etc., in force at commencement of Act.
|
646
|
Saving of operation of section 138 of Act 7of 1913.
|
647
|
Saving of pending proceedings for winding up.
|
647A
|
Transfer of winding up proceedings to Tribunal.
|
648
|
Saving of prosecutions instituted by liquidator or Court under section 237 of Act 7 of 1913.
|
649
|
Construction of references to former enactments in documents.
|
650
|
Repealed.
|
651
|
Construction of references to extraordinary resolution in articles, etc.
|
652
|
Appointment under previous companies laws to have effect as if made under Act.
|
653
|
Former registration offices continued.
|
654
|
Registers under previous companies laws to be deemed to be part of registers under Act.
|
655
|
Funds and accounts under Act to be in continuation of funds and accounts under previous companies law.
|
656
|
Saving of incorporation under repealed Acts.
|
657
|
Saving of certain Tables under previous companies laws.
|
658
|
Section 6 of the General Clauses Act, 1897 to apply in addition to sections 645 to 657 of Act.
|
|
|
SCHEDULES
|
|
|
|
659.
|
SCHEDULE I
|
660.
|
SCHEDULE IA
|
661.
|
SCHEDULE II
|
662.
|
SCHEDULE III
|
663.
|
SCHEDULE IV
|
664.
|
SCHEDULE V
|
665.
|
SCHEDULE VI
|
666.
|
SCHEDULE VII & VIII
|
667.
|
SCHEDULE IX
|
668.
|
SCHEDULE X
|
669.
|
SCHEDULE XI
|
670.
|
SCHEDULE XII
|
671.
|
SCHEDULEXIII
|
672.
|
SCHEDULE XIV
|
673.
|
SCHEDULE XV
|
674.
|
THE SCHEDULE (AMENDMENTS TO THE INSURANCE ACT, 1938)
|
|
|
|
|