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Central Acts and Rules Amended and Updated
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      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Adaptation of section 159 in its application to foreign companies.
      • 4. Penalty.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Accounting Standards.
      • 4. Obligation to comply with the Accounting Standards.
      • 5.
      • 1. Short title and commencement.
      • 2. Appointment, etc., of whole-time secretary.
      • 3. Provisions relating to existing secretaries.
      • 1. Short title and commencement.
      • 2. Form of application for seeking approval of the Central Government for appointment of sole agents.
      • 3. Fees to be paid along with the application.
      • 1. Short title and Commencement.
      • 2. Definitions.
      • 3. Applications.
      • 4. Manner of election of small shareholders' director.
      • 5. Disqualification.
      • 6. Vacation of office.
      • 7. Restriction on number of directorship.
      • 1. Short title, application and commencement.
      • 2. Definitions.
      • 3. Auditor's report to contain matters specified in paragraphs 4 and 5.
      • 4. Matters to be included in the auditor's report.
      • 5. Reasons to be stated for unfavourable or qualified answers.
      • 1. Short Title and Commencement.
      • 2. Definition.-
      • 3. Other Conditions.-
      • 1. Short Title and Commencement.
      • 2. Definitions and Interpretations.
      • 3. Application.
      • 4. Maintenance of records.
      • 5. Form of the Compliance Report.
      • 6. Time limit for submission of compliance Report.
      • 7. Authentication of Annexure to the Compliance Report.
      • 8. Penalties.
      • 9. Savings.
      • 1. Short Title and Commencement.
      • 2. Definitions and Interpretations.
      • 3. Application.
      • 4. Form of the Report.
      • 5. Time limit for submission of Report.
      • 6. Cost Auditor to be furnished with the cost accounting records etc.
      • 7. Authentication of Annexure to the Cost Audit Report.
      • 8. Penalties.
      • 9. Savings.
      • 1. Short title and commencement.
      • 2. Interpretation.
      • 3. Proceedings to be neat and legible.
      • 4. Form of proceedings.
      • 5. Language of proceedings.
      • 6. Practice and Procedure of the Court and provisions of the Code to apply.
      • 7. Power of Court to enlarge or abridge time.
      • 8. Computation of time.
      • 9. Inherent powers of Court.
      • 10. Applications how made.
      • 11. (a) Petitions.
      • 12. Matters to be heard in open Court and in Chambers.
      • 13. Registers to be kept.
      • 14. Serial number of proceedings.
      • 15. Process to be sealed.
      • 16. Inspection and copies of proceedings.
      • 17. Forms.
      • 18. Affidavits.
      • 19. Form of Judge's summons and service thereof.
      • 20. Issue of summons.
      • 21. Affidavit verifying petition.
      • 22. Enclosures to petition.
      • 23. Summons for direction.
      • 24. Advertisement of petition.
      • 25. Contents of advertisement.
      • 26. Service of petition.
      • 27. Notice of petition and time of service.
      • 28. Service on company.
      • 29. Petitioner to effect service.
      • 30. Affidavit of service.
      • 31. Procedure on default of compliance as regards advertisement and service of notice.
      • 32. Mode of service and service when deemed to be effected.
      • 33. Validity of service and of proceedings.
      • 34. Notice to be given by persons intending to appear at the hearing of petition.
      • 35. List of persons, intending to appear, to be filed.
      • 36. Procedure at hearing of petition.
      • 37. Order to be drawn up.
      • 38. Form of petition under section 17 and summons for directions.
      • 39. Direction at hearing of summons.
      • 40. Notice to Registrar of Companies and Central Government.
      • 41. Procedure where creditors are entitled to object.
      • 42. Order confirming alteration.
      • 43. Petition under section 579.
      • 44. Petition for sanctioning the issue of shares at a discount.
      • 45. Order sanctioning issue to be delivered to Registrar of Companies.
      • 46. Form of petition for reduction of share capital and summons for directions.
      • 47. Procedure on hearing of summons.
      • 48. Directions at the hearing of summons.
      • 49. List of creditors.
      • 50. Affidavit verifying list of creditors.
      • 51. Inspection of list of creditors.
      • 52. Notice to creditors.
      • 53. Advertisement of petition and list of creditors.
      • 54. Affidavit of service.
      • 55. Affidavit by company as to the result of rules 52 and 53.
      • 56. Procedure where claim is not admitted, and proof of debt.
      • 57. Costs of proof.
      • 58. Certificate by the Judge as to creditors.
      • 59. Hearing of petition.
      • 60. Who may appear and oppose.
      • 61. Directions at hearing.
      • 62. Order on petition.
      • 63. Minute.
      • 64. Advertisement of reasons for reduction of capital.
      • 65. Form of minute and notice of registration.
      • 66. Petition to cancel variation of rights.
      • 67. Summons for directions to convene a meeting.
      • 68. Service on company.
      • 69. Directions at hearing of summons.
      • 70. Proxies.
      • 71. Application for stay.
      • 72. Application to vacate or vary order of stay.
      • 73. Notice of meeting.
      • 74. Advertisement of the notice of meeting.
      • 75. Copy of compromise or arrangement to be furnished by the company.
      • 76. Affidavit of service.
      • 77. Result of the meeting to be decided by poll.
      • 78. Report of the result of the meeting.
      • 79. Petition for confirming compromise or arrangement.
      • 80. Date and notice of hearing.
      • 81. Order on petition.
      • 82. Application for directions under section 394.
      • 83. Directions at hearing of application.
      • 84. Order under section 394.
      • 85. Compromise or arrangement involving reduction of capital.
      • 86. Report on working of compromise or arrangement.
      • 87. Liberty to apply.
      • 88. Petition under section 397 or 398.
      • 89. Notice to Central Government.
      • 90. Order involving reduction of capital or alteration of memorandum.
      • 91. Application under section 407(1)(b) for leave to act as managing director, etc.
      • 92. Notice to Registrar of Companies.
      • 93. Delivery of order and advertisement thereof.
      • 94. Registrar's costs of petition.
      • 95. Petition for windingup.
      • 96. Admission of petition and directions as to advertisement.
      • 97. Petition by a contingent or prospective creditor.
      • 98. Copy of petition to be furnished.
      • 99. Advertisement of petition.
      • 100. Application for leave to withdraw petition.
      • 101. Substitution of creditor or contributory for original petitioner.
      • 102. Procedure on substitution.
      • 103. Affidavitinopposition.
      • 104. Affidavit in reply.
      • 105. Stay of suit or proceeding pending petition.
      • 106. Appointment of Provisional Liquidator.
      • 107. Rules applicable to Provisional Liquidator.
      • 108. Costs, etc., of Provisional Liquidator.
      • 109. Notice to Official of order.
      • 110. Contents of windingup order and order appointing Provisional Liquidator.
      • 111. Order to be sent to Official Liquidator and form of order.
      • 112. Directions on making the windingup order.
      • 113. Advertisement of the order.
      • 114. Official Liquidator to take charge of assets and books and papers of company.
      • 115. Form of proceedings after windingup order is made.
      • 116. Application for stay of windingup proceedings.
      • 117. Application for leave to commence or continue suit or proceeding.
      • 118. Application for transfer of suit or proceeding.
      • 119. Application for transfer.
      • 120. Transmission of records upon transfer of proceeding.
      • 121. Proceedings to be renumbered.
      • 122. Notice to Official Liquidator.
      • 123. Official Liquidator of Transferee Court to be Liquidator.
      • 124. Notice to submit statement.
      • 125. Application by Official Liquidator under section 454(2).
      • 126. Preparation of statement of affairs.
      • 127. Form of the statement.
      • 128. Extension of time for submitting statement.
      • 129. Expenses of preparing the statement.
      • 130. Officers of company to attend and give information.
      • 131. Duty of person making or concurring in statement.
      • 132. Default in complying with section 454.
      • 133. Dispensing with statement of affairs.
      • 134. Liquidator involuntary windingup or windingup subject to supervision,to submit statement.
      • 135. Preliminary report by Official Liquidator.
      • 136. Inspection of statement and preliminary report.
      • 137. Further report by Official Liquidator.
      • 138. Consideration of report by Court.
      • 139. Summons for directions to be taken out by Official Liquidator.
      • 140. First meeting of creditors and contributories.
      • 141. Official Liquidator to report result of meeting and apply for directions.
      • 142. Application for order not to fill vacancy in Committee.
      • 143. Liquidator and members of the Committee dealing with company's assets.
      • 144. Committee of Inspection not to make profit.
      • 145. Cost of obtaining sanction of Court.
      • 146. Order sanctioning payment to Committee.
      • 147. Fixing a date for proving debts.
      • 148. Notice to creditors.
      • 149. Proof of debt.
      • 150. Mode of proof and verification thereof.
      • 151. Contents of proof.
      • 152. Workmen's wages.
      • 153. Production of bills of exchange and promissory notes.
      • 154. Value of debts.
      • 155. Discount.
      • 156. Interest.
      • 157. Periodical payments.
      • 158. Proof of debt payable at a future time.
      • 159. Examination of proof.
      • 160. Official Liquidator's right to summon any person in connection with the investigation.
      • 161. Oaths.
      • 162. Costs of proof.
      • 163. Acceptance or rejection of proof to be communicated.
      • 164. Appeal by creditor.
      • 165. Procedure where creditor appeals.
      • 166. Official Liquidator not to be personally liable for costs.
      • 167. Proofs and list of creditors to be filed in Court.
      • 168. List of creditors not to be varied.
      • 169. Notice of filling the list and inspection of the same.
      • 170. Procedure in the District Court regarding proof of claims.
      • 171. List of proofs and summons for directions.
      • 172. Direction at hearing of summons.
      • 173. Notice to be given to creditors.
      • 174. Settlement of list of creditors.
      • 175. Inspection of the list of creditors and the proofs filed.
      • 176. Expunging of proof.
      • 177. Procedure on failure to prove the debt within the time fixed.
      • 178. Right of creditor who has not proved debt before declaration of dividend.
      • 179. Payment of subsequent interest.
      • 180. Provisional list of contributories.
      • 181. Notice to be given of date of settlement of list.
      • 182. Settlement of the list.
      • 183. Certificate of final settlement to be filed in Court.
      • 184. Notice of settlement to contributories.
      • 185. Supplemental list of contributories.
      • 186. Variation of list.
      • 187. Application by Official Liquidator for rectification of list.
      • 188. Application by contributory to vary the list.
      • 189. Official Liquidator not to be personally liable for costs.
      • 190. Settlement of the list of contributories in District Courts.
      • 191. Notice to be given of date of settlement.
      • 192. Settlement of the list.
      • 193. Supplemental list of contributories.
      • 194. Application for rectification of list.
      • 195. List of contributories consisting of past members.
      • 196. List of contributories under section 104(1)(b).
      • 197. 'Court meetings', 'Liquidators' meetings' and 'Voluntary Liquidation meetings'.
      • 198. Application of Rules to meetings.
      • 199. Notice of meeting.
      • 200. Place and time of meeting.
      • 201. Notice of first or other meeting to officers of company.
      • 202. Proof of notice.
      • 203. Costs of calling meetings at the instance of creditor or contributory.
      • 204. Chairman of meeting.
      • 205. Resolution at creditors' meeting.
      • 206. Resolution of contributories' meeting.
      • 207. Copies of resolutions to be filed.
      • 208. Nonreceipt of notice by a creditor or contributory.
      • 209. Adjournments.
      • 210. Quorum.
      • 211. Procedure in the absence of quorum.
      • 212. When creditor can vote.
      • 213. Case to which creditors my not vote.
      • 214. When secured creditor can vote.
      • 215. Effect of voting by a secured creditor.
      • 216. Procedure when secured creditor votes without surrendering security.
      • 217. Admission or rejection of proofs for purposes of voting.
      • 218. Minutes of proceedings.
      • 219. Report of Court meetings.
      • 220. Voting by proxies.
      • 221. Form of proxies.
      • 222. Proxies to Liquidator or chairman.
      • 223. Use of proxies by deputy.
      • 224. Forms to be sent with notice.
      • 225. Proxies to be lodged.
      • 226. Holder of proxy not to vote on matter in which he is financially intereste.
      • 227. Minor not to be appointed proxy.
      • 228. Filling in proxy where creditor or contributory is blind or incapable.
      • 229. Proxy of person not acquainted with English.
      • 230. Attendance at proceedings.
      • 231. Representation of creditors and contributories before Court.
      • 232. Powers of Official Liquidator.
      • 233. Official Liquidator to be in the position of a receiver.
      • 234. Company's property to be to surrendered to Official Liquidator on requisition.
      • 235. Calls by the Liquidator.
      • 236. Official Liquidator to realise uncalled capital.
      • 237. Application for leave to make call.
      • 238. Notice of application.
      • 239. Order granting leave to make a call and document making the call.
      • 240. Service of notice of call.
      • 241. Order for payment of call.
      • 242. Other moneys due by contributories.
      • 243. Application for examination under section 477.
      • 244. Directions at hearing of summons.
      • 245. Examination on commission or by interrogatories.
      • 246. Service of the summons.
      • 247. Conduct of the examination.
      • 248. Notes of the deposition.
      • 249. Order for public examination under section 478.
      • 250. Notice of public examination.
      • 251. Adjournment of public examination to Court.
      • 252. Procedure for contumacy.
      • 253. Notes of Examination.
      • 254. Shorthand notes of examination under sections 477 and 478.
      • 255. Application under section 478(7)(a).
      • 256. Default in attending examination under section 477 or 478.
      • 257. Prison to which person arrested or warrant is to be taken.
      • 258. Execution of warrant of arrest outside ordinary jurisdiction of court.
      • 259. Public examination under section 519.
      • 260. Applications under section 542 or 543.
      • 261. Directions at preliminary hearing of summons.
      • 262. Liberty to apply for further directions.
      • 263. Application for disclaimer.
      • 264. Preliminary hearing of the summons.
      • 265. Claimant to furnish statement of his.
      • 266. Service of notice.
      • 267. Order granting leave to disclaim.
      • 268. Disclaimer to be filed in Court.
      • 269. Vesting of disclaimed property.
      • 270. No claim to be compromised or abandoned without sanction of Court.
      • 271. Application for sanction of compromise.
      • 272. Sale to be subject to sanction and to confirmation by Court.
      • 273. Procedure at sale.
      • 274. Expenses of sale.
      • 275. Declaration of dividend or return of capital.
      • 276. Notice of declaration.
      • 277. Form of authority to pay dividend.
      • 278. Transmission of dividends by post.
      • 279. Form of order directing return of capital.
      • 280. Payment of dividend or return of capital due to a deceased creditor or contributory.
      • 281. Official Liquidator to apply for dissolution.
      • 822. Dissolution of the company.
      • 283. Liquidator to pay the balance into public account.
      • 284. Conclusion of windingup.
      • 285. Application to declare dissolution void.
      • 286. Registers and Books to be maintained by the Official Liquidator.
      • 287. All money to be paid in to the Reserve Bank.
      • 288. Bills, cheques and securities to be deposited into bank.
      • 289. Payments into Bank under section 471.
      • 290. Official Liquidator's Dividend Account.
      • 291. Fees to be credited to Central Government.
      • 292. Where the company has no available assets.
      • 293. Investment of moneys.
      • 294. Official Liquidator to examine the accounts for purposes of investment.
      • 295. Investments to be made by the Bank.
      • 296. Dividend and interest to be credited.
      • 297. Refunds of Incometax.
      • 298. Halfyearly accounts to be filed.
      • 299. Form of account.
      • 300. Nil account.
      • 301. Registrar to send copy of account to the Auditor.
      • 302. Audit of the Official Liquidator's accounts.
      • 303. Audit certificate to be filed.
      • 304. Audit fees.
      • 305. Inspection of the account and certificate of audit.
      • 306. Account and auditor's report to be placed before Judge.
      • 307. Legal Assistance for the Official Liquidator.
      • 308. Employment of additional or special staff.
      • 309. Apportionment of expenses of common staff.
      • 310. Applications under section 463(2) and section 545(3).
      • 311. Annual statement by the Official Liquidator under section 551.
      • 312. Applicability of rules.
      • 313. Declaration of solvency in a member's voluntary windingup.
      • 314. Statement to be laid before meeting of creditors under section 495(1).
      • 315. Notice of appointment of liquidator.
      • 316. Order for windingup subject to supervision.
      • 317. Security by liquidator appointed by Court.
      • 318. Limit of remuneration of liquidator.
      • 319. Restriction on purchase of goods by liquidator.
      • 320. Office of liquidator vacated by his insolvency.
      • 321. Resignation of liquidator.
      • 322. Duty of liquidator upon resignation.
      • 323. Books to be kept by the liquidator.
      • 324. Banking account of the liquidator.
      • 325. Bills, cheques and securities to be deposited in Bank.
      • 326. Investment of surplus funds.
      • 327. Liquidator's statements under section 551.
      • 328. Annual statement under sections 496(1)(b) and 508(1)(b).
      • 329. Notice convening final meeting and the account to be laid before the meeting.
      • 330. Consideration by Court of the statements under section 551 and final account in a windingup subject to the supervision of the Court.
      • 331. Returns to Registrar of Companies.
      • 332. Inspection by creditor or contributory of statements filed by liquidator.
      • 333. Audit of the liquidators' account.
      • 334. Applications under section 518.
      • 335. Statement to accompany payment.
      • 336. Unclaimed dividends or undistributed assets under investment.
      • 337. Application by person for payment of money paid into the Companies Liquidation Account.
      • 338. Cost and expenses payable out of the assets in a windingup by the Court.
      • 339. Taxation of costs in Bombay, Calcutta and Madras.
      • 340. Registrar to be Taxing Officer.
      • 341. Costs in the discretion of the Court.
      • 342. Costs to be taxed in accordance with the practice and procedure of the Court.
      • 343. All proper charges to be allowed.
      • 344. Contents of bill of costs.
      • 345. Vouchers to be filed.
      • 346. Time for lodging bill.
      • 347. Bill of costs by advocate or other person employed by Official Liquidator.
      • 348. Scale of advocate's fees.
      • 349. Fees in misfeasance proceeding.
      • 350. Fees when proceeding is compromised.
      • 351. Fees to more than one advocate.
      • 352. Costs of parties having common interest.
      • 353. Court's power to fix a fee.
      • 354. Reference to Judge in Chamber.
      • 355. Allowance to witnesses.
      • 356. Taxation between advocate and client.
      • 357. Review of taxation.
      • 358. Appeal against Review.
      • 359. Certificate of taxation.
      • 360. Inspection of file.
      • 361. Saving of Rules under Special Acts.
      • 1. Short title
      • 2. Declaration of Dividend out of Reserves
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Application and allotment of Director Identification Number.
      • 4. Fee.
      • 5. Intimation of DIN to the Company.
      • 6. Intimation of DIN to the Registrar.
      • 7. Duty of director to intimate changes of particulars.
      • 1. Short title, commencement and extent.
      • 2. Definitions.
      • 3. Disqualifications under clause (g) of sub-section (1) of section 274 of the Companies Act, 1956.
      • 4. Duty of Statutory Auditor to report on disqualification.
      • 5. Duty of company to Intimate disqualification.
      • 6. Failure to Intimate disqualification shall render director as officer in default.
      • 7.
      • 8. Names of the disqualified directors on the web-site etc.
      • 9. Duty of every director.
      • 10.
      • 11. Punishment for contravention of the rules.
      • 12.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Filing and Authentication in the electronic manner.
      • 4. Maintenance of website.
      • 5. Maintenance of Electronic Registry.
      • 6. Issue of certificate, approval etc. in the electronic manner.
      • 1. Short title.
      • 2. Fees.
      • 1. Short Title and Commencement.
      • 2. Applicability.
      • 3. Definitions.
      • 4. Eligibility for issue of IDRs.
      • 5. Procedure for making an issue of IDRs.
      • 6. Other conditions for the issue of IDRs.
      • 7. Registration of documents.
      • 8. Conditions for the issue of prospectus and application.
      • 9. Listing of Indian Depository Receipt.
      • 10. Procedure for transfer and redemption.
      • 11. Continuous Disclosure Requirements.
      • 12. Distribution of corporate benefits.
      • 13. Penalty.
      • 14. Repeal and savings.
      • 15. Power of Central Government to decide certain Questions.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Conditions.
      • 4. Register.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Notice.
      • 4. Applications.
      • 5. List of businesses in which the resolutions shall be passed through Postal Ballot.
      • 6. Procedure to be followed for conducting business through Postal Ballot.
      • 7. Procedure to be followed for conducting business by electronic mode.
      • 1. Short title and Commencement.
      • 2. Definitions.
      • 3. Applications.
      • 4. List of businesses in which the resolutions shall be passed through Postal Ballot.
      • 5. Procedure to be followed for conducting business through Postal Ballot.
      • 1. Short title, commencement and extent
      • 2. Definitions
      • 2-A. Interpretation of certain words and expressions
      • 3. Definitions of "company", "existing company", "private company" and "public company"
      • 4. Meaning of "holding company" and "subsidiary"
      • 4-A. Public financial institutions
      • 5. Meaning of "officer who is in default"
      • 6. Meaning of "relative"
      • 7. Interpretation of "person in accordance with whose directions or instructions Directors are accustomed to act"
      • 8. Power of Central Government to declare an establishment not to be a branch office
      • 9. Act to override memorandum, articles, etc
      • 10. Jurisdiction of Courts
      • 10-A. Constitution of Tribunal
      • 10-B. Procedure of Tribunal
      • 10-C. Powers of Tribunal
      • 10-D. Appeals against decisions, etc., of the Tribunal
      • 10-E. Constitution of Board of Company Law Administration
      • 10-F. Appeals against the orders of the Company Law Board
      • 10-FA. Dissolution of Company Law Board
      • 10-FB. Constitution of National Company Law Tribunal
      • 10-FC. Composition of Tribunal
      • 10-FD. Qualifications for appointment of President and Members
      • 10-FE. Term of office of President and Members
      • 10-FF. Financial and administrative powers of Member administration
      • 10-FG. Salary, allowances and other terms and conditions of service of President and other Members
      • 10-FH. Vacancy in Tribunal
      • 10-FI. Resignation of President and Member
      • 10-FJ. Removal and suspension of President or Member
      • 10-FK. officers and employees of Tribunal
      • 10-FL. Benches of Tribunal
      • 10-FM. Order of Tribunal
      • 10-FN. Power to review
      • 10-FO. Delegation of powers
      • 10-FP. Power to seek assistance of Chief Metropolitan Magistrate and District Magistrate
      • 10-FQ. Appeal from order of Tribunal
      • 10-FR. Constitution of Appellate Tribunal
      • 10-FS. Vacancy in Appellate Tribunal, etc
      • 10-FT. Term of office of Chairperson and Members
      • 10-FU. Resignation of Chairperson and Members
      • 10-FV. Removal and suspension of Chairperson and Members of Appellate Tribunal
      • 10-FW. Salary, allowances and other terms and conditions of service of Chairperson and Members
      • 10-FX. Selection Committee
      • 10-FY. Chairperson, etc., to be public servants
      • 10-FZ. Protection of action taken in good faith
      • 10-FZA. Procedure and powers of Tribunal and Appellate Tribunal
      • 10-G. Power to punish for contempt
      • 10-GA. Staff of Appellate Tribunal
      • 10-GB. Civil Court not to have jurisdiction
      • 10-GC. Vacancy in Tribunal or Appellate Tribunal not to invalidate acts or proceedings
      • 10-GD. Right to legal representation
      • 10-GE. Limitation
      • 10-GF. Appeal to Supreme Court
      • 11. Prohibition of associations and partnerships exceeding certain number
      • 12. Mode of forming incorporated company
      • 13. Requirements with respect to memorandum
      • 14. Form of memorandum
      • 15. Printing and signature of memorandum
      • 15-A. Special provision as to alteration of memorandum consequent on alteration of name of State of Madras
      • 15-B. Special provision as to alteration of memorandum consequent on alteration of name of State of Mysore
      • 16. Alteration of memorandum
      • 17. Special resolution and confirmation by Central Government required for alteration of memorandum
      • 17-A. Change of registered office within a State
      • 18. Alteration to be registered within three months
      • 19. Effect of failure to register
      • 20. Companies not to be registered with undesirable names
      • 21. Change of name by company
      • 22. Rectification of name of company
      • 23. Registration of change of name and effect thereof
      • 24. Change of name of existing private limited companies
      • 25. Power to dispense with "Limited" in name of charitable or other company
      • 26. Articles prescribing regulations
      • 27. Regulations required in case of unlimited company, company limited by guarantee or private company limited by shares
      • 28. Adoption and application of Table A in the case of companies limited by shares
      • 29. Form of articles in the case of other companies
      • 30. Form and signature of articles
      • 31. Alteration of articles by special resolution
      • 32. Registration of unlimited company as limited, etc
      • 33. Registration of memorandum and articles
      • 34. Effect of registration
      • 35. Conclusiveness of certificate of incorporation
      • 36. Effect of memorandum and articles
      • 37. Provision as to companies limited by guarantee
      • 38. Effect of alteration in memorandum or articles
      • 39. Copies of memorandum and articles, etc., to be given to members
      • 40. Alteration of memorandum or articles, etc., to be noted in every copy
      • 41. Definition of "member"
      • 42. Membership of holding company
      • 43. Consequences of default in complying with conditions constituting a company a private company
      • 43-A. Private company to become public company in certain cases
      • 44. Prospectus or statement in lieu of prospectus to be filed by private company on ceasing to be private company
      • 45. Members severally liable for debts where business carried on with fewer than seven, or in the case of a private company, two members
      • 46. Form of contracts
      • 47. Bills of exchange and promissory notes
      • 48. Execution of deeds
      • 49. Investments of company to be held in its own name
      • 50. Power for company to have official seal for use outside India
      • 51. Service of documents on company
      • 52. Service of documents on Registrar
      • 53. Service of documents on members by company
      • 54. Authentication of documents and proceedings
      • 55. Dating of prospectus
      • 55-A. Powers of Securities and Exchange Board of India
      • 56. Matters to be stated and reports to be set out in prospectus
      • 57. Expert to be unconnected with formation or management of company
      • 58. Expert's consent to issue of prospectus containing statement by him
      • 58-A. Deposits not to be invited without issuing an advertisement
      • 58-AA. Small depositors
      • 58-AAA. Default in acceptance or refund of deposits to be cognizable
      • 58-B. Provisions relating to prospectus to apply to advertisement
      • 59. Penalty and interpretation
      • 60. Registration of prospectus
      • 60-A. Shelf prospectus
      • 60-B. Information memorandum
      • 61. Terms of contract mentioned in prospectus or statement in lieu of prospectus, not to be varied
      • 62. Civil liability for mis-statements in prospectus
      • 63. Criminal liability for mis-statements in prospectus
      • 64. Document containing offer of shares or debentures for sale to be deemed prospectus
      • 65. Interpretation of provisions relating to prospectuses
      • 66. Newspaper advertisements of prospectus
      • 67. Construction of references to offering shares or debentures to the public, etc
      • 68. Penalty for fraudulently inducing persons to invest money
      • 68-A. Personation for acquisition, etc., of shares
      • 68-B. Initial offer of securities to be in dematerialised form in certain cases
      • 69. Prohibition of allotment unless minimum subscription received
      • 70. Prohibition of allotment in certain cases unless statement in lieu of prospectus delivered to Registrar
      • 71. Effect of irregular allotment
      • 72. Applications for, and allotment of, shares and debentures
      • 73. Allotment of shares and debentures to be dealt in on stock exchange
      • 74. Manner of reckoning fifth, eighth and tenth days in sections 72 and 73
      • 75. Return as to allotments
      • 76. Power to pay certain commissions and prohibition of payment of all other commissions, discounts, etc
      • 77. Restrictions on purchase by company, or loans by company for purchase, of its own or its holding company's shares
      • 77-A. Power of company to purchase its own securities
      • 77-AA. Transfer of certain sums to capital redemption reserve account
      • 77-B. Prohibition for buy-back in certain circumstances
      • 78. Application of premiums received on issue of securities
      • 79. Power to issue shares at a discount
      • 79-A. Issue of sweat equity shares
      • 80. Power to issue redeemable preference shares
      • 80-A. Redemption of irredeemable preference shares, etc
      • 81. Further issue of capital
      • 82. Nature of shares or debentures
      • 83. Numbering of shares
      • 84. Certificate of shares
      • 85. Two kinds of share capital
      • 86. New issues of share capital to be only of two kinds
      • 87. Voting rights
      • 88. Prohibition of issue of shares with disproportionate rights
      • 89. Termination of disproportionately excessive voting rights in existing companies
      • 90. Savings
      • 91. Calls on shares of same class to be made on uniform basis
      • 92. Power of company to accept unpaid share capital, although not called-up
      • 93. Payment of dividend in proportion to amount paid-up
      • 94. Power of limited company to alter its share capital
      • 94-A. Share capital to stand increased where an order is made under section 81(4)
      • 95. Notice to Registrar of consolidation of share capital, conversion of shares into stock, etc
      • 96. Effect of conversion of shares into stock
      • 97. Notice of increase of share capital or of members
      • 98. Power of unlimited company to provide for reserve share capital on re-registration
      • 99. Reserve liability of limited company
      • 100. Special resolution for reduction of share capital
      • 101. Application to Tribunal for confirming order, objections by creditors, and settlement of list of objecting creditors
      • 102. Order confirming reduction and powers of Tribunal on making such order
      • 103. Registration of order and minute of reduction
      • 104. Liability of members in respect of reduced shares
      • 105. Penalty for concealing name of creditor, etc
      • 106. Alteration of rights of holders of special classes of shares
      • 107. Rights of dissentient shareholders
      • 108. Transfer not to be registered except on production of instrument of transfer
      • 108-A. Restriction on acquisition of certain shares
      • 108-B. Restriction on transfer of shares
      • 108-C. Restriction on the transfer of shares of foreign companies
      • 108-D. Power of Central Government to direct companies not to give effect to the transfer
      • 108-E. Time within which refusal to be communicated
      • 108-F. Nothing in sections 108-A to 108-D to apply to Government companies, etc
      • 108-G. Applicability of the provisions of sections 108-A to 108-F
      • 108-H. Construction of certain expressions used in sections 108-A to 108-G
      • 108-I. Penalty for acquisition or transfer of share in contravention of sections 108-A to 108-D
      • 109. Transfer by legal representative
      • 109-A. Nomination of shares
      • 109-B. Transmission of shares
      • 110. Application for transfer
      • 111. Power to refuse registration and appeal against refusal
      • 111-A. Rectification of register on transfer
      • 112. Certification of transfers
      • 113. Limitation of time for issue of certificates
      • 114. Issue and effect of share warrants to bearer
      • 115. Share warrants and entries in register of members
      • 116. Penalty for personation of shareholder
      • 117. Debentures with voting rights not to be issued hereafter
      • 117-A. Debenture trust deed
      • 117-B. Appointment of debenture trustees and duties of debenture trustees
      • 117-C. Liability of company to create security and debenture redemption reserve
      • 118. Right to obtain copies of and inspect trust deed
      • 119. Liability of trustees for debenture holders
      • 120. Perpetual debentures
      • 121. Power to re-issue redeemed debentures in certain cases
      • 122. Specific performance of contract to subscribe for debentures
      • 123. Payments of certain debts out of assets subject to floating charge in priority to claims under the charge
      • 124. "Charge" to include mortgage in this Part
      • 125. Certain charges to be void against Liquidator or creditors unless registered
      • 126. Date of notice of charge
      • 127. Registration of charges on properties acquired subject to charge
      • 128. Particulars in case of series of debentures entitling holders pari passu
      • 129. Particulars in case of commission, etc., on debentures
      • 130. Register of charges to be kept by Registrar
      • 131. Index to register of charges
      • 132. Certificate of registration
      • 133. Endorsement of certificate of registration on debenture or certificate of debenture stock
      • 134. Duty of company as regards registration and right of interested party
      • 135. Provisions of Part to apply to modification of charges
      • 136. Copy of instrument creating charge to be kept by company at registered office
      • 137. Entry in register of charges of appointment of receiver or manager
      • 138. Company to report satisfaction and procedure thereafter
      • 139. Power of Registrar to make entries of satisfaction and release in absence of intimation from company
      • 140. Copy of memorandum of satisfaction to be furnished to company
      • 141. Rectification by Central Government of register of charges
      • 142. Penalties
      • 143. Company's register of charges
      • 144. Right to inspect copies of instruments creating charges and company's register of charges
      • 145. Application of Part to charges requiring registration under it but not under previous law
      • 146. Registered office of company
      • 147. Publication of name by company
      • 148. Publication of authorised as well as subscribed and paid-up capital
      • 149. Restrictions on commencement of business
      • 150. Register of members
      • 151. Index of members
      • 152. Register and index of debenture holders
      • 152-A. Register and index of beneficial owners
      • 153. Trusts not to be entered on register
      • 153-A. Appointment of public trustee
      • 153-B. Declaration as to shares and debentures held in trust
      • 154. Power to close register of members or debenture holders
      • 155. Power of Court to rectify register of members
      • 156. Notice to Registrar of rectification of register
      • 157. Power for company to keep foreign register of members or debenture holders
      • 158. Provisions as to foreign registers
      • 159. Annual return to be made by company having a share capital
      • 160. Annual return to be made by company not having a share capital
      • 161. Further provisions regarding annual return and certificate to be annexed thereto
      • 162. Penalty and interpretation
      • 163. Place of keeping, and inspection of, registers and returns
      • 164. Registers, etc., to be evidence
      • 165. Statutory meeting and statutory report of company
      • 166. Annual general meeting
      • 167. Power of Central Government to call annual general meeting
      • 168. Penalty for default in complying with section 166 or 167
      • 169. Calling of extraordinary general meeting on requisition
      • 170. Sections 171 to 186 to apply to meetings
      • 171. Length of notice for calling meeting
      • 172. Contents and manner of service of notice and persons on whom it is to be served
      • 173. Explanatory statement to be annexed to notice
      • 174. Quorum for meeting
      • 175. Chairman of meeting
      • 176. Proxies
      • 177. Voting to be by show of hands in first instance
      • 178. Chairman's declaration of result of voting by show of hands to be conclusive
      • 179. Demand for poll
      • 180. Time of taking poll
      • 181. Restriction on exercise of voting right of members who have not paid calls, etc
      • 182. Restrictions on exercise of voting right in other cases to be void
      • 183. Right of member to use his votes differently
      • 184. Scrutineers at poll
      • 185. Manner of taking poll and result thereof
      • 186. Power of Tribunal to order meeting to be called
      • 187. Representation of corporations at meetings of companies and creditors
      • 187-A. Representation of the President and Governors in meetings of companies of which they are members
      • 187-B. Exercise of voting rights in respect of shares held in trust
      • 187-C. Declaration by persons not holding beneficial interest in any share
      • 187-D. Investigation of beneficial ownership of shares in certain cases
      • 188. Circulation of members' resolutions
      • 189. Ordinary and special resolutions
      • 190. Resolutions requiring special notice
      • 191. Resolutions passed at adjourned meetings
      • 192. Registration of certain resolutions and agreements
      • 192-A. Passing of resolutions by postal ballot
      • 193. Minutes of proceedings of general meetings and of Board and other meetings
      • 194. Minutes to be evidence
      • 195. Presumptions to be drawn where minutes duly drawn and signed
      • 196. Inspection of minute books of general meetings
      • 197. Publication of reports of proceedings of general meetings
      • 197-A. Company not to appoint or employ certain different categories of managerial personnel at the same time
      • 198. Overall maximum managerial remuneration and managerial remuneration in case of absence or inadequacy of profits
      • 199. Calculation of commission, etc., in certain cases
      • 200. Prohibition of tax-free payments
      • 201. Avoidance of provisions relieving liability of officers and auditors of company
      • 202. Undischarged insolvent not to manage companies
      • 203. Power to restrain fraudulent persons from managing companies
      • 204. Restriction on appointment of firm or body corporate to office or place of profit under a company
      • 204-A. Restrictions on the appointment of former Managing agents or secretaries and treasurers to any office
      • 205. Dividend to be paid only out of profits
      • 205-A. Unpaid dividend to be transferred to special dividend account
      • 205-B. Payment of unpaid or unclaimed dividend
      • 205-C. Establishment of Investor Education and Protection Fund
      • 206. Dividend not to be paid except to registered shareholders or to their order or to their bankers
      • 206-A. Right to dividend rights shares and bonus shares to be held in abeyance pending registration of transfer of shares
      • 207. Penalty for failure to distribute dividends within thirty days
      • 208. Power of company to pay interest out of capital in certain cases
      • 209. Books of account to be kept by company
      • 209-A. Inspection of books of account, etc., of companies
      • 210. Annual accounts and balance sheet
      • 210-A. Constitution of National Advisory Committee on Accounting Standards
      • 211. Form and contents of balance sheet and profit and loss account
      • 212. Balance sheet of holding company to include certain particulars as to its subsidiaries
      • 213. Financial year of holding company and subsidiary
      • 214. Rights of holding company's representatives and members
      • 215. Authentication of balance sheet and profit and loss account
      • 216. Profit and loss account to be annexed and auditors' report to be attached to balance sheet
      • 217. Board's report
      • 218. Penalty for improper issue, circulation or publication of balance sheet or profit and loss account
      • 219. Right of member to copies of balance sheet and auditor's report
      • 220. Three copies of balance sheet, etc., to be filed with Registrar
      • 221. Duty of officer to make disclosure of payments, etc
      • 222. Construction of references to documents annexed to accounts
      • 223. Certain companies to publish statement in the Form in Table F in Schedule I
      • 224. Appointment and remuneration of auditors
      • 224-A. Auditor not to be appointed except with the approval of the company by special resolution in certain cases
      • 225. Provisions as to resolutions for appointing or removing auditors
      • 226. Qualifications and disqualifications of auditors
      • 227. Powers and duties of auditors
      • 228. Audit of accounts of branch office of company
      • 229. Signature of audit report, etc
      • 230. Reading and inspection of auditor's report
      • 231. Right of auditor to attend general meeting
      • 232. Penalty for non-compliance with sections 225 to 231
      • 233. Penalty for non-compliance by auditor with sections 227 and 229
      • 233-A. Power of Central Government to direct special audit in certain cases
      • 233-B. Audit of cost accounts in certain cases
      • 234. Power of Registrar to call for information or explanation
      • 234-A. Seizure of documents by Registrar
      • 235. Investigation of the affairs of a company
      • 236. Application by members to be supported by evidence and power to call for security
      • 237. Investigation of company's affairs in other cases
      • 238. Firm, body corporate or association not to be appointed as inspector
      • 239. Power of inspectors to carry investigation into affairs of related companies, etc
      • 240. Production of documents and evidence
      • 240-A. Seizure of documents by inspector
      • 241. Inspectors' report
      • 242. Prosecution
      • 243. Application for winding up of company or an order under section 397 or 398
      • 244. Proceedings for recovery of damages or property
      • 245. Expenses of investigation
      • 246. Inspector's report to be evidence
      • 247. Investigation of ownership of company
      • 248. Information regarding persons having an interest in company, or in body corporate or firm acting as Managing agent thereof
      • 249. Investigation of associateship with Managing agent, etc
      • 250. Imposition of restrictions upon shares and debentures and prohibition of transfer of shares or debentures in certain cases
      • 250-A. Voluntary winding-up of company, etc., not to stop investigation proceedings
      • 251. Saving for legal advisers and bankers
      • 252. Minimum number of Directors
      • 253. Only individuals to be Directors
      • 254. Subscribers of memorandum deemed to be Directors
      • 255. Appointment of Directors and proportion of those who are to retire by rotation
      • 256. Ascertainment of Directors retiring by rotation and filling of vacancies
      • 257. Right of persons other than retiring Directors to stand for Directorship
      • 258. Right of company to increase or reduce the number of Directors
      • 259. Increase in number of Directors to require Government sanction
      • 260. Additional Directors
      • 261. 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
      • 263-A. Sections 177, 255, 256 and 263 not to apply in relation to companies not carrying on business for profit, etc
      • 264. Consent of candidate for Directorship to be filed with the company and consent to act as Director to be filed with the Registrar
      • 265. Option to company to adopt proportional representation for the appointment of Directors
      • 266. Restrictions on appointment or advertisement of Director
      • 266-A. Application for allotment of Director Identification Number
      • 266-B. Allotment of Director Identification Number
      • 266-C. Prohibition to obtain more than one Director Identification Number
      • 266-D. Obligation of Director to intimate Director Identification Number to concerned company or companies
      • 266-E. Obligation of company to inform Director Identification Number to Registrar
      • 266-F. Obligation to indicate Director Identification Number
      • 266-G. Penalty for contravention of provisions of section 266-A or section 266-C or section 266-D or section 266-E
      • 267. Certain persons not to be appointed Managing Directors
      • 268. Amendment of provision relating to managing, whole-time or non-rotational Directors to require Government approval
      • 269. 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. Filing of declaration of share qualification by Director
      • 272. Penalty
      • 273. Saving
      • 274. Disqualifications of Directors
      • 275. No person to be a Director of more than fifteen companies
      • 276. Choice to be made by Director of more than fifteen companies at commencement of Act
      • 277. Choice by person becoming Director of more than fifteen companies after commencement of Act
      • 278. Exclusion of certain Directorships for the purposes of sections 275, 276 and 277
      • 279. Penalty
      • 280. Age limit
      • 281. Age limit not to apply if company so resolves
      • 282. Duty of Director to disclose age
      • 283. Vacation of office by Directors
      • 284. Removal of Directors
      • 285. Board to meet at least once in every three calendar months
      • 286. Notice of meetings
      • 287. Quorum for meetings
      • 288. Procedure where meeting adjourned for want of quorum
      • 289. Passing of resolution by circulation
      • 290. Validity of acts of Directors
      • 291. General powers of Board
      • 292. Certain powers to be exercised by Board only at meeting
      • 292-A. Audit Committee
      • 293. Restrictions on powers of Board
      • 293-A. Prohibitions and restrictions regarding political contributions
      • 293-B. Power of Board and other persons to make contributions to the National Defence Fund, etc
      • 294. Appointment of sole selling agents to require approval of company in general meeting
      • 294-A. Prohibition of payment of compensation to sole selling agents for loss of office in certain cases
      • 294-AA. Power of Central Government to prohibit the appointment of sole selling agents in certain cases
      • 295. Loans to Directors, etc
      • 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
      • 300. Interested Director not to participate or vote in Board's proceedings
      • 301. Register of contracts, companies and firms in which Directors are interested
      • 302. Disclosure to members of Director's interest in contract appointing Manager, Managing Director,
      • 303. Register of Directors etc.
      • 304. Inspection of the register
      • 305. Duty of Directors, etc., to make disclosure
      • 306. Register to be kept by Registrar and inspection thereof
      • 307. Register of Directors' shareholdings, etc
      • 308. Duty of Directors and persons deemed to be Directors to make disclosure of shareholdings
      • 309. Remuneration of Directors
      • 310. Provision for increase in remuneration to require Government sanction
      • 311. Increase in remuneration of Managing Director on re-appointment or appointment after Act to require Government sanction
      • 312. Prohibition of assignment of office by Directors
      • 313. Appointment and term of office of alternate Directors
      • 314. Director, etc., not to hold office or place of profit
      • 315. Application of sections 316 and 317
      • 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
      • 324. Power of Central Government to notify that companies engaged in specified classes of industry or business shall not have managing agents
      • 324-A. Abolition of managing agencies and secretaries and treasurers
      • 325. Managing agency company not to have managing agent
      • 325-A. 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. 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 of convicted partner, Director, etc., is expelled
      • 342. Registration 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 devise 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 net profits
      • 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 service
      • 358. Appointment of managing agent or associate as buying or selling agent of other concerns
      • 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
      • 370-A. 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 370-A
      • 372. Purchase by company of shares, etc., of other companies
      • 372-A. Inter-corporate loans and investments
      • 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. Conditions prohibiting reconstruction or amalgamation of company
      • 377. Restrictions on right of managing agent to appoint Directors
      • 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
      • 383-A. Certain companies to have secretaries
      • 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
      • 388-A. Sections 386 to 388 not to apply to certain private companies
      • 388-B. Reference to Tribunal of cases against managerial personnel
      • 388-C. Interim order by Tribunal
      • 388-D. Decision of the Tribunal
      • 388-E. Power of Central Government to remove managerial personnel on the basis of Tribunal decision
      • 389. 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 Tribunal to enforce compromise and arrangement
      • 393. Information as to compromises or arrangements with creditors and members
      • 394. Provisions for facilitating reconstruction and amalgamation of companies
      • 394-A. 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 public interest
      • 396-A. Preservation of books and papers of amalgamated company
      • 397. Application to Tribunal for relief in cases of oppression
      • 398. Application to Tribunal for relief in cases of mismanagement
      • 399. Right to apply under sections 397 and 398
      • 400. Notice to be given to Central Government of application under sections 397 and 398
      • 401. Right of Central Government to apply under sections 397 and 398
      • 402. Powers of Tribunal on application under section 397 or 398
      • 403. Interim order by Tribunal
      • 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 mis-management
      • 409. Power of Tribunal to prevent change in Board of Directors likely to affect company prejudicially
      • 410. Appointment of Advisory Committee
      • 411 to 415
      • 416. Contracts by agents of company in which company is undisclosed principal
      • 417. Employees' securities to be deposited in post office savings bank or Scheduled Bank
      • 418. Provisions 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 sections 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 Tribunal and managers appointed in pursuance of an instrument
      • 424-A. Reference to Tribunal
      • 424-B. Inquiry into working of sick industrial companies
      • 424-C. Powers of Tribunal to make suitable order on completion of inquiry
      • 424-D. Preparation and sanction of schemes
      • 424-E. Rehabilitation by giving financial assistance
      • 424-F. Arrangement for continuing operations, etc., during inquiry
      • 424-G. Winding up of sick industrial company
      • 424-H. Operating agency to prepare complete inventory, etc
      • 424-I. Direction not to dispose of assets
      • 424-J. Power of Tribunal to call for periodic information
      • 424-K. Misfeasance proceedings
      • 424-L. Penalty for certain offences
      • 425. Modes of winding up.-.
      • 426. Liability as contributories of present and past members
      • 427. Obligations of directors and 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
      • 433. Circumstances in which company may be wound up by Tribunal
      • 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 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
      • 439-A. Statement of affairs to be filed on winding up of a company
      • 440. Right to present winding up petition where company is being wound up voluntarily
      • 441. Commencement of winding up by Tribunal
      • 441-A. Levy and collection of cess on turnover or gross receipts of companies
      • 441-B. Crediting proceeds of cess to Consolidated Fund of India
      • 441-C. Rehabilitation and Revival Fund
      • 441-D. Application of Fund
      • 441-E. Power to call for information
      • 441-F. Penalty for non-payment of cess
      • 441-G. Refund of fund in certain cases
      • 442. Power of Court to stay or restrain proceedings against company
      • 443. Power of Tribunal 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
      • 446-A. Responsibility of Directors and officers to submit to Tribunal audited books and account
      • 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 provisions 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
      • 458-A. 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 Tribunal 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 Tribunal 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 Tribunal
      • 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 Tribunal
      • 481. Dissolution of company
      • 482. Order made in any Court to be enforced by other Courts
      • 483. Appeals from orders
      • 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 member's 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 of company
      • 495. Duty of Liquidator to call creditors' meeting in case of insolvency
      • 496. Duty of Liquidator to call general meeting at the 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 creditor's voluntary winding up
      • 500. Meeting of creditor's
      • 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 Liquidator's 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 end of each year
      • 509. Final meeting and dissolution
      • 510. Provisions applicable to every voluntary winding up
      • 511. Distribution of property of company
      • 511-A. 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 Tribunal 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 Tribunal to have questions determined or powers exercised
      • 519. Application of Liquidator to Tribunal for public examination of promoters, Directors, etc
      • 520. Costs of voluntary winding up
      • 521. Saving of right of creditors and contributories to apply for winding up
      • 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
      • 528. Debts of all descriptions to be admitted to proof
      • 529. Application of insolvency rules in winding up of insolvent companies
      • 529-A. Overriding preferential payments
      • 530. Preferential payments
      • 531. Fraudulent preference
      • 531-A. 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 Tribunal
      • 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 Tribunal 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 the 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 into 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. Tribunal or person before whom affidavit may be sworn
      • 559. Power of Tribunal to declare dissolution of company void
      • 560. Power of Registrar to strike defunct company off register
      • 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 Act to unlimited companies re-registered under previous companies laws
      • 564. Mode of transferring shares in the case of companies registered under Acts 19 of 1857 and 7 of 1860
      • 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
      • 581-A. Definitions
      • 581-B. Objects of Producer Company
      • 581-C. Formation of Producer Company and its registration
      • 581-D. Membership and voting rights of Members of Producer Company
      • 581-E. Benefits to Members
      • 581-F. Memorandum of Producer Company
      • 581-G. Articles of association
      • 581-H. Amendment of memorandum
      • 581-I. Amendment of articles
      • 581-J. Option to inter-State co-operative societies to become Producer Companies
      • 581-K. Effect of incorporation of Producer Company
      • 581-L. Vesting of undertaking in Producer Company
      • 581-M. Concession, etc., to be deemed to have been granted to Producer Company
      • 581-N. Provisions in respect of officers and other employees of inter-State co-operative society
      • 581-O. Number of Directors
      • 581-P. Appointment of Directors
      • 581-Q. Vacation of office by Directors
      • 581-R. Powers and functions of Board
      • 581-S. Matters to be transacted at general meeting
      • 581-T. Liability of Directors
      • 581-U. Committee of Directors
      • 581-V. Meetings of Board and quorum
      • 581-W. Chief Executive and his functions
      • 581-X. Secretary of Producer Company
      • 581-Y. Quorum
      • 581-Z. Voting rights
      • 581-ZA. Annual general meetings
      • 581-ZB. Share capital
      • 581-ZC. Special user rights
      • 581-ZD Transferability Of Shares And Attendant Rights
      • 581-ZE. Books of account
      • 581-ZF. Internal audit
      • 581-ZG. Duties of auditor under this Part
      • 581-ZH. Donations or subscription by Producer Company
      • 581-ZI. General and other reserves
      • 581-ZJ. Issue of bonus shares
      • 581-ZK. Loan, etc., to Members
      • 581-ZL. Investment in other companies, formation of subsidiaries, etc
      • 581-ZM. Penalty for contravention
      • 581-ZN. Amalgamation, merger or division, etc., to form new Producer Companies
      • 581-ZO. Disputes
      • 581-ZP. Strike off name of Producer Company
      • 581-ZQ. Provisions of this Part to override other laws
      • 581-ZR. Application of provisions relating to private companies
      • 581-ZS. Reconversion of Producer Company to inter-State co-operative society
      • 581-ZT. Power to modify Act in its application to Producer 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
      • 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
      • 605-A. offer of Indian Depository Receipts
      • 606. Penalty for contravention of sections 603, 604 and 605
      • 607. Civil liability for mis-statements in prospectus
      • 608. Interpretation of provisions as to prospectuses
      • 609. Registration offices
      • 610. Inspection, production and evidence of documents kept by Registrar
      • 610-A. Admissibility of micro films, facsimile copies of documents, computer printouts and documents on computer media as documents and as evidence
      • 610-B. Provisions relating to filing of applications, documents inspection, etc., through electronic form
      • 610-C. Power to modify Act in relation to electronic records (including the manner and form in which electronic records) shall be filed
      • 610-D. Providing of value added services through electronic form
      • 610-E. Application of provisions of Act 21 of 2000
      • 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
      • 614-A. Power of Court trying offences under the Act to direct the filing of documents with Registrar
      • 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
      • 619-A. Annual reports on Government companies
      • 619-B. Provisions of section 619 to apply to certain companies
      • 620. Power to modify Act in relation to Government companies
      • 620-A. Power to modify Act in its application to Nidhis , etc
      • 620-B. Special provisions as to companies in Goa, Daman and Diu
      • 620-C. Special provisions as to companies in Jammu and Kashmir
      • 621. offences against Act to be cognizable only on complaint by Registrar, shareholder or Government
      • 621-A. Composition of certain offences
      • 622. Jurisdiction to try offences
      • 623. Certain offences triable summarily in Presidency towns
      • 624. offences to be non-cognizable
      • 624-A. Power of Central Government to appoint company prosecutors
      • 624-B. Appeal against acquittal
      • 625. Payment of compensation in cases of frivolous or vexatious prosecution
      • 626. Application of fines
      • 627. Production and inspection of books where offence suspected
      • 628. Penalty for false statements
      • 629. Penalty for false evidence
      • 629-A. 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
      • 634-A. Enforcement of orders of Company Law Board
      • 635. Enforcement of orders of one Court by other Courts
      • 635-A. Protection of acts done in good faith
      • 635-AA. Non-disclosure of information in certain cases
      • 635-B. Protection of employees during investigation by inspector or pendency or proceeding before Appellate Tribunal in certain cases
      • 636. Reduction of fees, charges, etc., payable to company
      • 637. Delegation by Central Government of its powers and functions under Act
      • 637-A. Power of Central Government or Tribunal to accord approval, etc., subject to conditions and to prescribe fees on applications
      • 637-AA. Power of Central Government to fix a limit with regard to remuneration
      • 637-B. Condonation of delays in certain cases
      • 638. Annual report by Central Government
      • 639. Annual reports on Government companies to be placed before Parliament, etc
      • 640. Validation of registration of firms as members of charitable and other companies
      • 640-A. Exclusion of time required in obtaining copies of order of Court or Tribunal
      • 640-B. 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 Central Government to make rules relating to winding up
      • 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 7 of 1913
      • 647. Saving of pending proceedings for winding up
      • 647-A. 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. Construction of "registrar of joint stock companies" in Act 21 of 1860
      • 651. Construction of references to extraordinary resolution in articles, etc
      • 651-A. Reference of winding up of companies in any law
      • 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 laws
      • 656. Saving of incorporation under repealed Acts
      • 657. Saving of certain Tables under previous companies laws
      • 1. Short title, commencement and interpretation.
      • 2. Definitions
      • 3.
      • 4.
      • 5.
      • 6.
      • 7.
      • 8.
      • 9.
      • 10.
      • 11.
      • 12.
      • 13.
      • 14.
      • 15.
      • 16.
      • 17.
      • 18.
      • 19.
      • 20.
      • 21.
      • 22.
      • 23.
      • 24.
      • 25.
      • 26.
      • 27.
      • 28.
      • 29.
      • 30.
      • 31.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Qualifications and age limit for appointment of Members.
      • 3A.
      • 4. Method of recruitment.
      • 5. Medical fitness.
      • 6. Resignation by a Member.
      • 7. Removal of Members from office in certain circumstances.
      • 8. Term of office of Chairman, Vice-Chairman and Members.
      • 8A. Casual vacancy.
      • 9. Salary and allowances.
      • 10. Interpretation.
      • 11. Saving.
      • 12. Oaths of office and secrecy.
      • 13. Other conditions of service.
      • 1. Short title, commencement and interpretation.
      • 2. Definitions.
      • 3. Composition of Benches of the Board.
      • 4. Power of the Chairman to specify matters which may be dealt with by a Bench.
      • 5. Vacancy in the office of the Chairman.
      • 6. Inability of the Chairman to function.
      • 7. Jurisdiction of the Bench.
      • 8. Language of the Bench.
      • 9. Sitting hours of the Bench.
      • 10. Bench to have seal of its own.
      • 11. Petitions, etc. to be in writing.
      • 12. Application, reference or petition to be divided into paragraphs.
      • 13. General heading to be in Form No. 1 in Annexure II.
      • 14. Procedure for filing petition.
      • 15. Presentation and scrutiny of petition.
      • 16. Contents of petition.
      • 17. Contents of interlocutory application.
      • 18. Documents to accompany the petition.
      • 19. Rights of a party to appear before the Bench.
      • 20. Plural remedies.
      • 21. Service of notice and process issued by the Bench.
      • 22. Filling of reply and other documents by the respondents.
      • 23. Filling of counter-reply by the petitioner.
      • 24. Power of the Bench to call for further information/evidence.
      • 25. Hearing of petition.
      • 26. Procedure to be followed where any party does not appear.
      • 27. Review.
      • 28. Substitution of legal representative.
      • 29. Order of the Bench.
      • 30. Inspection of record and supply of certified copies.
      • 31. Powers and functions of the Secretary.
      • 32. Powers and duties of the Bench Officer.
      • 33. Registers of petitions and applications.
      • 34. Fees.
      • 35. Reference to Company Law Board.
      • 36.
      • 37. Application for deposit and debenture.
      • 38. Petition under section 397 or 398.
      • 39. Petition under section 407.
      • 40. Reference under section 621A.
      • 41. Petition under section 2A of the Monopolies Act.
      • 42. Reference under section 22A of the Securities Act.
      • 42A. Intimation or petition under section 58AA or 117B.
      • 43. Enlargement of time.
      • 44. Saving of inherent power of the Bench.
      • 45. Amendment of order.
      • 46. General power to amend.
      • 47. Bench to be deemed to be a Court for certain purposes.
      • 48. Power to dispense with the requirement of the regulations.
      • 49. Preparation of paper book.
      • 50. Dress for the member, for the authorised representatives and for the parties in person.
      • 51. Restriction on Audio or video Recording by the parties.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Settlement of offences.
      • 4. Declaration to be filed by the applicant with the Registrar.
      • 5. Time and manner of payment of fees for seeking immunity under the Scheme.
      • 6. Withdrawal of appeal against prosecution launched for the offence.
      • 7. Order by designated authority granting immunity from the penalty and prosecution.
      • 8. Scheme not to apply to certain offence.
      • 9.
      • 10.
      • 11. Submission.
      • 12.
      • 1.
      • 2. Application.
      • 3. Maintenance of records.
      • 4. Penalty.
      • 5. Saving.
      • 1. Short title and commencement.
      • 2. Application.
      • 3. Maintenance of records.
      • 4. Penalty.
      • 1. Short title and commencement.
      • 2. Application.
      • 3. Maintenance of records.
      • 4. Penalty.
      • 1. Short title and commencement.
      • 2. Application.
      • 3. Maintenance of records.
      • 4. Penalty.
      • 1. Short Title and Commencement.
      • 2. Application.
      • 3. Maintenance of records.
      • 4. Penalty.
      • 1. Short title and commencement.
      • 2. Application.
      • 3. Maintenance of records.
      • 4. Penalty.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Application.
      • 4. Form of the Report.
      • 5. Time limit for submission of Report.
      • 6. Cost Auditor to be furnished with the cost accounting records etc.
      • 7. Authentication of Annexure to the Cost Audit Report.
      • 8. Penalties.
      • 1. Short Title and Commencement.
      • 2. Applicability.
      • 3. Approval of the Central Government in case of Appointment of Relatives, etc. of Directors.
      • 4. Selection of Relatives of Directors and Directors to Hold a Place of Office/Profit.
      • 5. Procedure for Examination of Application.
      • 1. Short Title and Commencement.
      • 2. Applicability.
      • 3. Approval of the Central Government in case of Appointment of Relatives etc. of Directors.
      • 4. Procedure of examination of applications.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Certain documents to be preserved permanently.
      • 4. Destruction of documents.
      • 5. Preservation of documents specified in Schedule II.
      • 6. Registered documents of foreign companies.
      • 7. Records to be preserved for three years.
      • 8. Record of document destroyed to be maintained.
      • 9. Application of other rules not barred.
      • 1. Commencement.
      • 2. Definitions.
      • 3. Credits to the Fund.
      • 4. Manner of Accounting.
      • 5. Expenses of the Committee.
      • 6. Audit of Accounts.
      • 7. Constitution and Functions of the Committee.
      • 8. Power to call upon a Company.
      • 9. Report by the Committee.
      • 10. Meetings.
      • 11. Agenda.
      • 12. Voting.
      • 13. Minutes.
      • 14. Conditions for Utilization of Funds by the Committee.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Eligibility Conditions and subscription of Foreign Currency Exchangeable Bonds.
      • 4. End-use requirements.
      • 5. Operational Procedure.
      • 6. Pricing and Maturity.
      • 7. Mandatory Requirements.
      • 8. Retention and deployment of proceeds of Foreign Currency Exchangeable Bond.
      • 9. Taxation on Exchangeable Bonds.
      • 1. Short title and commencement.
      • 2. Applicability.
      • 3. Buying-back.
      • 4. Special resolution.
      • 5. Filing of letter of offer, etc.
      • 6. Offer procedure.
      • 7. Payment to the shareholder.
      • 8. General obligations of the company.
      • 9. Return to be filed with Registrar.
      • 10. Extinguishment of Certificate.
      • 11. Register of shares.
      • 1. Short title and commencement.
      • 2. Applicability.
      • 3. Definition.
      • 4. Investment of general reserves.
      • 1. Short title and Commencement.
      • 2. Definitions.
      • 3. Particulars regarding the terms of issue of debentures or the terms of raising of loans by a public company.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Applicability.
      • 4. Special resolution.
      • 5. Register of shares.
      • 6. Restriction on issue of sweat equity shares.
      • 7. Disclosure in the Directors Report.
      • 8. Pricing of Sweat Equity Shares.
      • 9. Issue of Sweat Equity Shares for consideration other than cash.
      • 10. Lock-in of sweat equity shares.
      • 11. Certificate from auditors.
      • 12. Accounting policies.
      • 1. Short title and commencement.
      • 2. Applicability.
      • 3. Definitions.
      • 4. Special Resolution.
      • 5. Pricing.
      • 6. Disclosures.
      • 7. Audit Certificate.

The Company Law Board Regulations, 1991

Published vide Notification No. G.S.R. 291(E), dated 31st May, 1991

act2762


In exercise of the powers conferred by sub-section (6) of section 10 E of the Companies Act, 1956 (1 of 1956), the Company Law Board thereby makes the following regulations namely:-

Chapter I

Preliminary

1. Short title, commencement and interpretation. - (1) These regulations may be called the Company Law Board Regulations, 1991

1. They shall come into force on the date of their publication in the Official Gazette.

2. The General Clauses Act, 1897 (10 of 1897), applies to the interpretation of these regulations as it applies to the interpretations of a Central Act.

2. Definitions. - (1) In these regulations, unless the context otherwise requires -

(a) "Act" means the Companies Act, 1956 (1 of 1956) and Companies Act, 2013 (1 of 2013) as applicable;

(b) "Annexure" means an Annexure to these regulations;

(c) "Application" means and applications by which an interlocutory proceeding is commenced before a Bench;

(d) "Authorized representative" means a person authorized in writing by a party under sub-regulation (2) of regulation 19 to function before a Bench as the representative of such party.

(e) "Bench" means a Bench of the Board and includes the Principal Bench, Additional Principal Bench and a member sitting singly;

(f) "Bench Officer" means an officer notified by the Board for the purpose of -

(i) receiving, examining and processing of applications; and

(ii) performing such other functions as may be entrusted to him by or under these regulations;

(g) "Board' means the Board of Company Law Board Administration, constituted under section 10E of the Act.

(h) "Certified" means, in relation to a copy, certified as provided in section 76 of the Indian Evidence Act, 1872 (1 of 1872);

(i) "Chairman" means Chairman of the Board.

(j) "Company" includes a non-banking financial company as defined in clause (f) of section 45-I of the Reserve Bank of India Act, 1934 (2 of 1934) and a foreign company;

(k) "Filed" means filed in the office of the Bench.

(l) "Form" means a form specified in Annexure-II;

(m) "Member" means a member (whether judicial or technical) of the Board and includes the Chairman and Vice-Chairman

(n) "The Monopolies Act" means the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969);

(o) "Office of the Bench" means the office of the Bench Officer;

(p) "Party" means a person who files an application or petition before a Bench, the respondent; the Registrar of Companies or the Regional Director and includes any person who has a right under the Act or the Reserve Bank of India Act, 1934 (2 of 1934) to make suggestion or objections;

(q) "Petition" means an application, appeal or complaint in pursuance of which any proceeding, not being an interlocutory proceeding, is commenced by the Bench;

(r) "Reference" means a reference within the meaning of regulation 35, 40 and 42 of these regulations'

(s) "Regional Director'" means a person appointed by the Central Government as a Regional Director for the purpose of the Act;

(t) "Registrar" means Registrar of Companies appointed under the Act;

(u) "Sealed" means sealed with the seal of the 'Board' of 'Bench';

(v) "Secretary" means Secretary to the Board and includes "Under Secretary" to the Board and any other officer by whatever name called, to whom powers and duties of Secretary may be entrusted under regulation 31;

(w) "Section" means a section of the Act;

(x) Omitted by Amendment Regulations, 1997. G.S.R. 433(E) dated 1/8/97

(y) "Vice-Chairman" means Vice Chairman of the Board;

(2) Words or expressions occurring in these regulations and not defined in sub-regulation (1) shall bear the same meaning as in the Act.

Chapter II

General

3. Composition of Benches of the Board. - (1) Subject to regulation 4 every Bench of the Board formed under the sub-section (4B) of section 10E may consist of one or more members.

(2) The order of the Chairman forming any Bench shall specify therein the powers which shall be exercised and functions which shall be discharged by the Bench.

(3) The Chairman shall, in relation to each Bench formed specify the member of the Bench before whom every matter requiring decision of the Board (not being a matter affecting the final disposal of the petition) shall be placed for orders and in the absence of the member so specified every such matter shall be placed before any other member of the Bench who is present.

4. Power of the Chairman to specify matters which may be dealt with by a Bench. - (1) It shall be lawful for the Chairman to provide that matters falling under sections 250, 269 and 388B of the Act and under section 2A of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) shall be dealt with by the Principal Bench consisting of one or more Members.

(2) The Principal Bench shall be at New Delhi but it may sit at any other place in India at its discretion or at the joint request of all the parties.

(3) It shall be lawful for the Chairman to provide that matters falling under sections 43, 49, 58A, 58AA, 79, 80A, 111 and /or 111A (petitions received and registered in CLB upto 11.09.2013), 113, 117, 117C, 118, 144, 163, 167, 186, 196, 219, 225, 235, 237B, 247, 248, 304, 307, 614, 621A and all matters arising under Chapter VI (Prevention of oppression and mismanagement) of the Companies Act, 1956, section 45QA of the R.B.I. Act, 1934 and sections 24, 58 and 59 (petitions received and registered in CLB on or after 12.09.2013) of the Companies Act, 2013 shall be dealt by Regional Benches, namely, New Delhi Bench, Chennai Bench, Kolkata Bench and Mumbai Bench, consisting of one or more Members. (No. 10/36/2001-CLB dated 25.09.2013)

Provided that matters pending before the Principal Bench and Additional Principal Bench as on 1st day of April, 2008 shall continue to be disposed of in the name of Principal Bench and Additional Principal Bench respectively:

Provided further that notwithstanding anything contained in regulation 7, it shall be lawful for the Chairman to inter-se transfer any matter pending before a Regional Bench to any Member or to any other Regional Bench or to the Principal Bench either at the joint request of all the parties or for other reasons to be recorded in writing. (No. 10/35/2001-CLB dated 07.12.2012 & 21.12.2012)

5. Vacancy in the office of the Chairman. - Omitted by Amendment Regulations G.S.R. 593(E) dated 25/7/94

6. Inability of the Chairman to function. - Omitted by Amendment Regulations, 1994 G.S.R. 593(E) dated 25/7/94

7. Jurisdiction of the Bench. - (1) All proceedings, other than the proceedings before the Principal Bench under regulation 4, shall be instituted before the Bench within whose jurisdiction the registered office of the company is situated or at any other place outside the region with the consent of the parties. G.S.R. 492(E) dated 14/5/1992

(2) "The States or Union-territories falling under the geographical jurisdiction of the Regional Benches shall be as provided in Annexure-I;

(3) "The Regional Benches shall ordinarily have their sittings at Kolkata, Mumbai, Chennai and New Delhi:

Provided that the Benches may, at their discretion, hold sittings in any other city or town falling within their respective geographical jurisdiction or any other place outside their jurisdiction with the consent of the parties"; G.S.R. 185(E) dated 17/3/2008

8. Language of the Bench. - (1) The proceedings of a Bench shall be conducted in English or Hindi.

(2) No petition, application, reference, document or other matter contained in any language other than English or Hindi shall be accepted by the Board unless the same is accompanied by a true translation thereof in English or Hindi.

(3) All documents required to be translated into English or Hindi shall be translated by a person appointed or approved by the Board.

Provided that any translation which is agreed to by the parties to the proceedings may be accepted by the Board in appropriate cases as a true translation.

(4) All final and interlocutory orders of the Bench shall be in English or Hindi.

9. Sitting hours of the Bench. - Sitting hours of the Benches shall ordinarily be from 10.30 a.m. to 1.30 p.m and from 2.30 p.m to 4.30 p.m. on all working days except Saturday, Sunday and other public Holidays, subject to any general or special order made by the Chairman.

10. Bench to have seal of its own. - (1) There shall be a separate seal of a Bench of the Board.

(2) Every such seal shall be kept in the custody of the Secretary or Bench Officer and shall be used under his direction or control.

(3) Every order or communication made, notice issued or certified copy granted, by a Bench shall be stamped with the seal of the concerned Bench, and shall be authenticated by the Secretary or the Bench Officer, as the case may be.

11. Petitions, etc. to be in writing. - (1) Every affidavit, application, reference or petition shall be written, typewritten cyclostyled or printed, neatly and legibly, on one of the substantial paper of foolscap size in double space and separate sheets shall be stitched together and every page shall be consecutively numbered.

(2) Numbers and dates specified in any affidavit, application, reference or petition shall be expressed in figures as well as in works; and, where the date specified therein has not been stated according to the Gregorian Calendar, the corresponding date according to the Gregorian Calendar shall also be specified.

12. Application, reference or petition to be divided into paragraphs. - Every application, reference or petition shall be divided into separate paragraphs which shall be numbered serially and shall state thereon the matter, and the name of the company, to which it relates.

13. General heading to be in Form No. 1 in Annexure II. - The general heading in all proceedings, whether original or interlocutory, and of advertisements and notices, shall be as in Form No. 1 in Annexure II.

14. Procedure for filing petition. - (1) Subject to the provision of regulations 35 and 37, a petition to the Bench shall be prepared in Form No. 1 in Annexure II and presented by the petitioner in person or through authorized representative to the office of the Bench or be sent by registered post with acknowledgement due addressed to the Secretary or Bench Officer of the Bench concerned, as the case may be.

(2) The petitioner/ applicant shall serve an advance notice with a copy of the petition, reference or application on the respondent(s) and shall produce evidence of such service at the time of presentation of such petition, reference or application in CLB. (No. 10/36/2001-CLB dated 25.09.2013).

Provided that where the number of respondents is more than five, Secretary or Bench Officer may permit the petitioner to file extra copies of the petition at the time of issue of notice to the respondents.

(3) The Petitioner shall serve a copy of the reference or petition other than a petition under section 49, 79, 80A, 111 and/or 111A (petitions received and registered in CLB upto 11.09.2013), 113, 118, 144, 163, 196, 219, 225, 284, 304 and 307 of the Companies Act, 1956 and under sections 58 and 59 (petitions received and registered in CLB on or after 12.09.2013) of the Companies Act, 2013, upon the concerned Registrar of Companies having jurisdiction over the company and shall attach to and present with his petition, reference, an acknowledgement from the office of the Registrar of Companies receiving a copy of the petition or reference so served. (No. 10/36/2001-CLB dated 25.09.2013).

Provided that, in case of a petition or complaint under section 235, 237, 250, 397, 398, 408 and 409 of the Act, a copy thereof shall also be served upon the Central Government.

(4) (a) Notwithstanding anything contained in sub-regulations (1) to (2), the Bench may permit more than one person to join together and file a single petition if it is satisfied, having regard to the cause of action and the nature of relief prayed for, that they have a common interest in the matter.

(b) Such permission shall be granted where the joining of the petitioners by a single petition is specifically permitted by the Act.

(5) Every petition, other than an application under sub-section (9) of section 58A or subsection (4) of section 117C of the Act or under sub-section (2) of section 45QA of the Reserve Bank of India Act, 1934 (2 of 1934), shall be accompanied by an affidavit verifying the same and shall be drawn up in the first person and shall state the full name, age, occupation and complete residential address of the deponent and shall be signed by the deponent and sworn before the person specified in section 558 of the Act.

(6) Where the deponent is not personally is not personally known to the person before whom the affidavit under sub-regulation (5) is sworn, he shall be identified by a person who is known to the person before whom the affidavit is sworn.

(7) Every affidavit under sub-regulation (5) shall clearly and separately indicate the statements which are true to the-

(a) Knowledge of the deponent;

(b) Information received by the deponent;

(c) Belief of the deponent; and

(d) Information based on legal advice.

(8) Where the statement referred to in sub-regulation (7) is stated to be true to the information received by the deponent, the affidavit shall also include the name and complete residential address of the person from whom the information has been received by the deponent and whether the deponent believes that information to be true.

15. Presentation and scrutiny of petition. - (1) The office of the Bench shall endorse on every petition the date on which it is presented.

(2) Every petition or application shall be presented in CLB after giving two clear working days advance notice for mentioning (excluding the date of such presentation) and accompanied by evidence of such advance notice having been served on the respondent(s). If, on scrutiny, the petition or application is found to be in order, it shall be duly registered and given a serial number. (No. 10/36/2001-CLB dated 25.09.2013).

Provided that in an exceptional situation of urgency, the above notice period may be dispensed with by the order of

(3) If the petition, on scrutiny, is found to be defective and the defect noticed is formal in nature, the Secretary or Bench Officer may allow the party to rectify the same in his presence and if the said defect is not formal in nature, the Secretary or Bench Officer may allow the petitioner such time to rectify the defect as the may deem fit.

(4) Where the petitioner is aggrieved by the order made by the Secretary or Bench Officer under sub-regulation (3), the matter shall be placed before the Bench for its order and it shall be competent for a single member of the Bench to issue necessary direction which shall be deemed to be the direction of the Bench.

16. Contents of petition. - Every petition; other than an application filed under regulation 37 shall set forth the name of the company, with its status, date of incorporation, the address of its registered office, authorized capital, paid-up capital with division of different classes of shares and terms of issue, if any, in the case of preference shares, main objects in brief, for which the company was formed, present business activities of the company, and shall also set forth concisely under distinct heads the grounds for such petition and the nature of relief(s) prayed for.

17. Contents of interlocutory application. - An application filed subsequent to the filing of the petition applying for any interim order or direction shall, as far as possible, be in Form No. 2 in Annexure II and shall be accompanied by an affidavit verifying the application in the manner laid down in regulation 14:

Provided that it shall not be necessary to present a separate application to seek an interim relief or direction, except for condonation of delay in filing the petition, if, in the original petition, the same is prayed for.

18. Documents to accompany the petition. - (1) A petition shall be accompanied by documents as prescribed in Annexure III and shall be accompanied by an index of documents, brief of synopsis within two pages and date of events within two pages. (No. 10/36/2001-CLB dated 25.09.2013).

(2) Documents referred to in sub-regulation (1) may be attested by the party or the authorized representative or the advocate and the documents shall be marked serially as Annexures A1, A2, A3 and so on.

(3) Where the petition is filed by the authorized representative, memorandum of appearance shall be appended to the petition as in Form No. 5 in Annexure II.

Provided that where the petition is filed by an advocate, it shall be accompanied by a duly executed Vakalatnama.

19. Rights of a party to appear before the Bench. - (1) Every party may appear before a Bench in person or through an authorized representative.

(2) A party may, in writing, authorize an Advocate or a Secretary-in-whole-time practice or a practicing Chartered Accountant or practicing Cost and Works Accountant, to function as a representative of such party. A company may appoint and authorize its Directors or Company Secretary to appear, in its behalf, in any proceedings before the Bench. The Central Government, the Regional Director or the Registrar may authorize an officer to appear in its behalf. G.S.R. 492(E) dated 14/5/1992

20. Plural remedies. - A petition shall be based upon a single cause of action and may seek one or more reliefs provided that they are consequential to one another.

21. Service of notice and process issued by the Bench. - (1) Any notice or process to be issued by the Bench may be served by any of the following modes directed by the Bench:

(i) service by the party itself;

(ii) by hand delivery (dasti) through a messenger of the Office of the Bench;

(iii) under Certificate of Posting;

(iv) by registered post with acknowledgement due if so required by an order of the Bench;

(v) where the Central Government is a party, through the Secretary of the concerned Ministry or Department or through Branch Secretariat of the Ministry of Law or through Standing Counsel of the Central Government;

(vi) where the State Government is a party, through the Chief Secretary or the Standing Counsel of the State Government.

(2) Where a notice is required to be served on a company, it shall be served in the manner specified in section 51 or, in the case of a foreign company, in the manner specified in section 496, and may also be served in such other manner as the Secretary or the Bench Officer may direct.

(3) Save as otherwise provided in sub-regulation (2), notices and other documents, which are required to be served on any person, other than a company, shall be served by delivering or tendering a copy thereof to such person or his authorized representative, where he appears by such representative or by prepaid registered post, acknowledgement due, addressed to the last-known address of such person.

(4) Where a notice is served by registered post the Secretary or Bench Officer may, if the acknowledgement is not received, determine the question as to the sufficiency of the service of the notice.

(5) Where the notice sent by registered post is returned by the post office with the remark "refused", the notice may be presumed to have been duly served.

(6) Every notice, of the petition or reference issued by the Bench shall, unless otherwise ordered, be accompanied by a copy of the petition or reference, as the case may be.

(7) Notwithstanding anything contained in sub-regulation (1) to (6), where, for any reason whatsoever, it is not reasonably practicable to serve notice of petition on all the respondents, the notice may be served by public advertisement, as the Bench may in each case direct,

(8) The Bench shall in such cases, determine who shall bear the cost of the public advertisement.

22. Filling of reply and other documents by the respondents. - (1) Each respondent intending to contest the petition shall file, in triplicate, the reply to the petition and the documents relied upon with the office of the Bench within such period as may be fixed by the Bench but not exceeding fifteen days of service of petition upon him.

(2) In the reply filed under sub-regulation (1), the respondent shall specifically admit, deny or explain the facts stated by the petitioner in his petition and may also state such additional facts as may be found necessary for the just decision of the case. The reply so filed shall be signed and verified in the manner as provided in regulation 14.

(3) The documents referred to in sub-regulation (1) shall also be filed along with the reply and the same shall be marked as Annexures R1, R2, R3 and so on.

(4) The respondents shall also serve a copy of the reply along with the document mentioned in sub-regulation (1) duly attested to be true copies on the petitioner or his authorized representative, if any, and file proof of such service with the office of the Bench.

(5) The Bench may, if so satisfied, allow filing of the reply after the expiry of the prescribed period on sufficient cause being shown.

23. Filling of counter-reply by the petitioner. - Where the respondent states such additional facts as may be necessary for the just decision of the case under sub-regulation (2) of regulation 22, the Bench may allow the petitioner to file a counter-reply to the reply filed by the respondent. The procedure laid down in regulation 22 shall apply, mutatis mutandis, to the filing of such counter-reply.

24. Power of the Bench to call for further information/evidence. - The Bench may, before passing orders on the petition, require the parties or any one or more of them, to produce such further documentary or other evidence as the Bench may consider necessary-

(a) for the purpose of satisfying itself as to the truth of the allegations made in the petition; or

(b) for ascertaining any information which, in the opinion of the Bench, is necessary for the purpose of enabling it to pass orders on the petition.

25. Hearing of petition. - The Bench may, if sufficient cause is shown at any stage of the proceeding grant time to the parties or any of them and adjourn the hearing of the petition or the application. The Bench may make such order as it thinks fit with respect to the costs occasioned by such adjournment.

26. Procedure to be followed where any party does not appear. - (1) Where, on the date fixed for hearing of the petition or any application or on any other date to which such hearing may be adjourned, the petitioner or the applicant as the case may be, does not appear when the petition or the application is called for hearing, the Bench may, in its discretion, either dismiss the petition or the application for default or hear and decide the same ex parte.

(2) Where a petition or application has been dismissed for default and the petitioner or the applicant files an application within thirty days from the date of dismissal and satisfies the Bench that there was sufficient cause for his non-appearance when the petition or the application was called for hearing. The Bench may pass an order setting aside the order dismissing the petition or the application and restore the same.

Provided, however, where the case was disposed on merit, the decision shall not be recalled.

(3) Where, on the date fixed for hearing or any other date to which such hearing may be adjourned, the petitioner appears but the respondent does not appear when the petition is called for hearing, the Bench, may, in its discretion, adjourn the hearing or hear and decide the petition ex parte.

(4) Where the petition has been heard ex parte against the respondent or respondents, such respondent or respondents may apply to the Bench within thirty days for an order to set aside and if the respondent and respondents satisfy the Bench that the notice was not duly served on him or them or that he or they were prevented by any sufficient cause from appearing when the petition was called for hearing, the Bench may make an order setting aside the ex parte order against him or them on such terms as it thinks fit and shall appoint a date for proceeding with the petition.

Provided that where the ex parte order is of such nature that it cannot be set aside as against one respondent only, it may be set aside as against all or any or the other respondents also.

Provided further that in cases covered by sub-regulation (7) of regulation 21, the Bench shall not set aside the ex parte order merely on the ground that a shareholder or a creditor did not have the notice of the petition.

27. Review. - Regulation 27 omitted by CLB (Amendment) Regulations, 1992. (vide G.S.R.492(E) dated 14/5/92)

28. Substitution of legal representative. - (1) In the case of death of any party during the pendency of the proceedings before the Bench, the legal representatives of the deceased party may apply within thirty days of the date of such death for being brought on record as necessary parties.

(2) Where no application is received within the period specified in sub-regulation (1), the proceedings against the decreased party shall abate:

Provided that, on good and sufficient reasons, the Bench, on application, may set aside the order of abatement and substitute the legal representative.

29. Order of the Bench. - (1) Every order of the Bench shall be in writing, and shall be signed by the member or members constituting the Bench which pronounces the order.

(2) In case of difference of opinion among the members of the Bench, the opinion of the majority shall prevail and the opinion or orders of the Bench shall be expressed in terms of the views of the majority:

Provided that where a matter is heard by a Bench consisting to an even number of Members and such members are divided equally in their opinion, it shall be placed before the Chairman who may himself deal with the matter or nominate any other Member to deal with the same. G.S.R. 492(E) dated 14/5/1992

(3) Any order of the Bench deemed fit for publication in any journal, authoritative report or the Press may be released for such publication on such terms and conditions as the Board may specify by general or special order.

(4) A copy of every interim order granting or refusing or modifying interim relief and final order passed on any petition or reference shall be communicated to the petitioner the applicant and to the respondents and other parties concerned free of cost:

Provided further that service of an order on a foreign party resident outside India shall be deemed to be sufficiently served if a copy thereof is delivered or tendered or sent by post at the last known address of such party's authorized representative(s) resident in India, where he appears by such representative(s). G.S.R. 682(E) dated 15/9/2011

(5) If the petitioner or the applicant or the respondent to any proceedings requires a copy of any document or proceeding, the same shall be supplied to him on such terms and conditions and on payment of such fee as may be fixed by the Bench by general or special order.

(6) The Bench may make such order or give such direction as may be necessary or expedient to give effect to its orders or to prevent abuse of its process or to secure the ends of justice.

(7) It shall be lawful for a Bench to fix, and award, costs to any of the parties before it where it is of opinion that the award of such costs is necessary

30. Inspection of record and supply of certified copies. - (1) The record of a pending case shall be open, as of right, to the inspection and supply of the certified copies thereof to the parties or their authorized representatives, on making an application in writing and on payment of a fee of fifty rupees per day for inspection of documents of a case and ten rupees per page for supply of certified copies of order or any other document respectively and the inspection of record shall be pre-requirement for supply of certified copy of a case.

(2) The applicant shall distinctly specify in the application, the record of a case for which inspection or certified copies are desired and the application may either be presented at the filing counter or may be sent by post at the address of' the concerned Company Law Board Bench along with the requisite fees.

(3) A person, who is not a party to the proceedings, has, however, no right to inspect or to obtain certified copies of the records of a pending case except with the consent of the party who has filed the case or under the orders of the Bench.

(4) The inspection of record shall not be permitted on the date fixed for its hearing without the order of the Bench.

(5) After receipt of an application, the inspection shall be allowed within a period of two working days and certified copies shall be supplied within a period of three working days respectively. G.S.R. 32(E) dated 18/1/2012

31. Powers and functions of the Secretary. - (1) The Secretary shall be the principal officer of the Board and shall exercise his powers and perform his duties under the control of the Chairman.

(2) The Board, in discharge of its functions under the Act, may take such assistance from the Secretary, as it may deem fit, and the Secretary, shall be bound to assist the Board.

(3) In particular and without prejudice to the generally of the provisions of this rule, the Secretary shall have the following powers and perform the following duties, namely:-

(a) The Secretary shall have the custody of the records of the Principal Bench.

(b) The Secretary shall receive all petitioners, applications or references pertaining to the Principal Bench.

(c) The Secretary shall assist the Principal Bench in the proceedings relating to the powers exercised by the Principal Bench.

(d) The Secretary shall have the power to call for information/records and to inspect or cause to be inspected the records of other Benches.

(e) The Secretary shall authenticate the orders passed by the Principal Bench

(f) The Secretary shall ensure compliance of the orders passed by the Principal Bench and other Benches.

(g) The Official seal of the Board shall be in the custody and control of the Secretary.

(h) The Secretary shall have the right to collect from the Central Government or other offices, companies and firms, or any other persons such information as may be considered useful for the purpose of efficient discharge of the functions of the Board under the Act and place the said information before the Board.

32. Powers and duties of the Bench Officer. - (1) In addition to the powers conferred elsewhere in these Regulations, the Bench Officer shall have the followings powers and duties subject to any general or special order of the Bench concerned, namely-

(i) to receive all petitions or applications and other documents including transferred applications;

(ii) to decide all questions arising out of the security of the petitions and applications before they are registered;

(iii) to require any petition or application presented to the Bench to be amended in accordance with the Act and the regulations;

(iv) subject to the direction of the Bench, to fix the date of first hearing of the petitions or applications or other proceedings and issue notices thereof;

(v) to direct any formal amendment of records;

(vi) to order grant of copies of documents to parties to the proceedings;

(vii) to grant leave to inspect the records of the Bench;

(viii) to dispose of matters relating to service of notices;

(ix) to receive applications within thirty days from the date of death for substitution of authorized representatives of the deceased parties during the pendency of the petition or application;

(x) to receive and dispose of application for substitution, except where the substitution would involve setting aside an order of abatement;

(xi) to receive and dispose of applications by parties for return of documents.

(2) An appeal against any decision by a Bench Officer under clause (ii), (iii), (v) and (vii) shall be made to the Bench by the aggrieved party within fifteen days from the date such decision is communicated to him.

33. Registers of petitions and applications. - (1) There shall be kept in the office of the Bench two separate registers, one for the petitions and the other for the applications filed before the Bench.

(2) In every register, referred to in sub-regulation (1), there shall be entered the following particulars, namely -

(a) the serial number of the petition or application and in addition, in the case of an application, the serial number of the petition to which it relates;

(b) the date of presentation or receipt of the petition or application;

(c) the name of the company to which the matter relates;

(d) the name and address of the petitioner or applicant;

(e) the names and addresses of the other parties to the petition or application and the names and addresses of the authorized representatives of the parties, if any;

(f) the provision of law under which the petition or application is made;

(g) the nature of the reliefs which have been sought;

(h) the date of disposal of the petition or application;

(i) the nature of the order made by the Bench;

(j) the date when the formal order is drawn up and communicated to the parties;

(k) remarks, if any.

(3) Separate registers shall be opened for each year and each register of petitions shall be preserved permanently and each register of application shall be preserved for a period of eight years.

34. Fees. - (1) In respect of the several matters mentioned in Annexure III, there shall be paid fees for every petition as prescribed:

Provided that no fee shall be payable or shall be liable to be collected on a petition filed or reference made by the Registrar of Companies, Regional Director or by any officer on behalf of the Central Government:

(2) Fee as prescribed shall be levied and collected on every interlocutory application:

Provided that no fee shall be payable or shall be liable to be collected on an application filed by the Registrar of Companies, Regional Director or by an officer on behalf of the Central Government.

(3) In respect of a petition or application filed before the Principal Bench or other Regional Benches, fees payable under these regulations shall be paid by means of a bank draft or bankers cheque drawn in favour of Pay and Accounts Officer, Ministry of Corporate Affairs, New Delhi or Kolkata or Mumbai or Chennai, as the case may be.

Chapter III

Special Provisions Relating to Certain Specific Matters

35. Reference to Company Law Board. - Any reference to the Board by the Registrar of Companies under section 621A of the Act or any reference to the Board by the Central Government under sections 250, 269, 388-B and 408 of the Act or any reference by a company under clause (c) of sub-section (4) of section 22A of the Securities Act shall be made by way of an application in Form No. 3, and shall be accompanied by documents mentioned in Annexure III

36. Omitted. (vide GSR630(E) dated 12/8/2012)

37. Application for deposit and debenture. - Applications under sub-section (9) of section 58A or under sub-section (4) of section 117C of the Act or 45QA of the Reserve Bank of India Act, 1934 (2 of 1934), shall be in Form No. 4 in Annexure-II and shall be submitted in duplicate. (vide GSR 433(E) dated 1/8/1997 & (vide GSR 437(E) dated 15/6/2001)

38. Petition under section 397 or 398. - A petition under section 397 or 398 shall not be withdrawn without leave of the Board, and where the petition has been presented by a member or members authorized by the Central Government under sub-section (4) of section 399, notice of the application for leave to withdraw shall be given to the Central Government.

39. Petition under section 407. - A petition under clause (b) of sub-section (1) of section 407 for leave to any of the persons mentioned therein as to be appointed or to act as the managing or other director or manger of the company, shall state whether notice of the intention to apply for such leave has been given to the Central Government and shall be accompanied by a copy of such notice.

40. Reference under section 621A. - (1) Every application for compounding of an offence shall be made by a company or its officers in default to the Registrar specifying clearly the nature of offence, the date or period during which the offence was committed or continued, the name and address of officers of the company who have committed the offence and the prayer made.

(2) The Registrar shall forward the application made by the company, together with his comments thereon, to the Board or the Regional Director, as the case may be, within 30 days from the date of receipt of the application.

(3) Every Regional Director shall exercise the powers to compound an offence, subject to any general or special order of the Board.

41. Petition under section 2A of the Monopolies Act. - Provisions of these regulations shall apply mutatis-mutandis to the petition made under section 2A of the Monopolies Act.

42. Reference under section 22A of the Securities Act. - Omitted by CLB (Amendment) Regulation, 1997. (vide GSR 433(E) dated 1/8/97

42A. Intimation or petition under section 58AA or 117B. - An intimation under sub-section (1) of section 58AA or a petition under sub-section (4) of section 117B of the Act, shall be filed in Form No. 1 in Annexure II. (vide GSR 437(E) dated 15/6/2001)

Chapter IV

Miscellaneous

43. Enlargement of time. - Where any period is fixed by or under these regulations or granted by a Bench, for the doing of any act, or filing of any documents or representation, the Bench, may, in its discretion, from time to time, enlarge such period, even though the period fixed by or under these regulations or granted by the Bench may have expired.

44. Saving of inherent power of the Bench. - Nothing in these rules shall be deemed to limit or otherwise affect the inherent power of the Bench to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Bench.

45. Amendment of order. - Any clerical or arithmetical mistake in any order of the Bench or error therein arising from any accidental slip or omission may, at any time, be corrected by the Bench either on its own motion or on the application of any party. (vide GSR 492(E) dated 14/5/1992)

46. General power to amend. - A Bench may, at any time, and on such terms as to costs or otherwise, as it may thing fit, amend any defect or error in any proceeding before it; and all necessary amendments shall be made for a the purpose of determining the real question or issue raised by or depending on such proceeding.

47. Bench to be deemed to be a Court for certain purposes. - A Bench shall be deemed to be a Court or lawful authority for the purpose of prosecution or punishment of a person who wilfully disobeys any direction or order of such Bench.

48. Power to dispense with the requirement of the regulations. - Every Bench shall have power, for reasons to be recorded in writing, to dispense with the requirements of any of these regulations, subject to such terms and conditions as may be specified.

49. Preparation of paper book. - The Bench Officer, if it so deemed fit, may call upon the parties to prepare a paper book after completion of the pleading.

50. Dress for the member, for the authorised representatives and for the parties in person. - (1) For the members - The dress for the members will be suit with a tie or buttoned-up coat over a pant.

(2) For the authorised representatives - An authorised representative who is a professional, shall appear before the Bench in his/her professional dress, if any, and if there is no such dress,-

(a) In the case of male, a suit with a tie or buttoned-up coat over a pant.

(b) IN the case of female, in a saree or any other dress of a sober colour.

(3) For parties in person - Parties appearing in person before the Company Law Board shall be properly dressed. (vide GSR 374(E) dated 2/5/1995)

51. Restriction on Audio or video Recording by the parties. - There shall be no audio or video recording of the Bench proceedings by the parties.

Annexure - I

States/ union Territories Falling Under Each Region

(See Regulation 7(2))

S. No.

Region

States/Union Territories

1.

Kolkata Bench

States of Arunachal Pradesh, Assam, Bihar, Manipur, Meghalaya, Nagaland, Orissa, Sikkim, Tripura, West Bengal, Jharkhand and Union Territories of Andaman and Nicobar Island and Mizoram.

2.

New Delhi Bench

States of Delhi, Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal and Union Territories of Chandigarh.

3.

Chennai Bench

States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and Union Territories of Pondicherry and Lakshadweep Island.

4.

Mumbai Bench

States of Goa, Gujarat, Madhya Pradesh, Maharashtra, Chhattisgarh and (Union Territories of Dadra and Nagar Haveli and Damman and Diu)

Annexure - I

Forms

Form No. 1

(See Regulation 13, 14 and 42A)

Before the Company Law Board, .............. Principal Bench Regional Bench, Bombay/ Calcutta/ Madras/ New Delhi

In the Matter of the Companies Act, 1956/ the Companies Act, 2013, Section ..............

Or

(where applicable )

The Monopolies and Restrictive Trade Practices Act, 1969, Section 2A

Or

(where applicable )

The Reserve Bank of India Act, 1934, Section 45QA

And

In the Matter of ............................................................................................................

(State the name and registered office address of the company)

And

In the Matter of ...................................................................................... (Petitioner)

(state the name and address of the petitioner)

Or

(where applicable)

AB


Petitioner(s)


Versus


CD


Respondent (s)



1.

Details of petition

Particulars of the company, whether petitioner or not (see regulation 16)

2.

Particulars of the petitioner(s) (need not be stated where company is the petitioner) (Name, description, father’s / husband’s name, occupation, capacity, i.e. qua shareholder, qua depositor and address of the petitioner(s)

3.

Particulars of respondent(s) need not be stated where company is the respondent) (Name, description, father’s / husband’s name, occupation, capacity, i.e. qua shareholder, qua depositor and address of the petitioner(s)

4.

Jurisdiction of the Bench.

The petitioner declares that the subject matter of the petition is within the jurisdiction of the Bench.

5.

Limitation

The petitioner further declares that the petition is within the limitation laid down in section ........................ Of the Companies Act, 1956 (or securities Act, 1956) (where applicable)

6.

Facts of the case are give below

(Give here a concise statement of facts in a chronological order, each paragraph containing as nearly as possible a separate issue, fact or otherwise.

7.

Matters not previously filed or pending with any other Court.

The petitioner further declares that he had not previously filed any application, writ petition or suit regarding the matter in respect of which this petition has been made, before any court of law or any other authority or any other Bench or the Board and not any such application, writ petition or suit is pending before any of them.

8.

Relief(s) sought.

In view of the facts mentioned in para ....... above , the petitioner prays for the following relief(s): (Specify below the relief(s) sought explaining the ground for relief(s) and the legal provisions (if any) relied upon)

9.

Interim order, if any, prayed for. Pending final decision on the petition, the petitioner seeks issue of the following interim order:

(Give here the nature of the interim order prayed for with reasons)

10.

Particulars of Bank draft evidencing payment of fee for the petition or application made:
(i) Branch of the Bank on which drawn:
(ii) Name of the issuing branch
(iii) Demand Draft No. .......................

Date ................................................
Amount Rs. ................................................

11.

List of enclosures
(See regulation 18 and Annexure III)
1.
2.
3.
4.

Signature of the Petitioner.

Form No. 2

(See Regulation 17)

Misc. Application No. ........................................ of ................................

In

Original Petition No. ........................................ of .................................

XXX


..... Applicant
(Applicant/ Respondent)


versus


YYY


..... Respondent
(Respondent/ Applicant)

Brief facts leading to the application

Relief or prayer:

Signature of the Applicant

Signature of the Authorized Representative

Place:

Date:

Form No. 3

(See Regulation 35)

Before The Company Law Board, .......

Principal Bench, Regional Bench, Bombay/ Calcutta/ Madras/ New Delhi

Reference Application ............... of ...............

In the Matter of the Companies Act, 1956 (Reserve Bank of India Act, 1934)

And

In the Matter of Section .............. of the said Act

And

In the Matter of ............................

(Name and address of the company)

And

In the Matter of ............................

(Name and address of the applicant)

....... Applicant

State the name and address of the persons who should be given opportunity of being heard in disposing of this reference.

(Note: Please enclose as many additional copies of the reference application as there are persons as above named. This is without prejudice to the requirements of sub-regulation (1) of regulation 41.)

On the basis of the information available from the documents annexed hereto-

1. The applicant hereby makes reference to the Company Law Board, ............ Principal Bench/ Regional Bench, ............ under section ............ of the Companies Act, 1956/ Securities Act. (Here state the nature of reference)

2. The applicant states as follow :

(Here set out the brief facts of the case)

3. The submission of the application are as follow :

(Submission)

4. The applicant has annexed hereto the documents or copies thereof as specified below:

5. The applicant is seeking specified order of the Company Law Board (Here specify the nature of the order sought for).

Place:

Date:

Signature of the applicant

List of Document

1.

2.

3.

Form No.4

(See Regulation 37)

Application by Depositor/debenture Holder Under Section 58A(9) or Section 117 C (4) of the Act or Section 45QA of the Reserve Bank of India Act, 1934 (*delete whichever is not applicable)

Before The Company Law Board (........... bench)

In the Matter of the Companies Act, 1956 (1 of 1956), (Section 58A of the Act or Section 45QA of the Reserve Bank of India Act, 1934)

And

In the Matter of (State the name of the Depositor/ Debenture Holder-applicant)

And

In the Matter of ................ Limited (State the name of the company)

(i) Name and address of the Depositor/ Debenture Holder-applicant:

(ii) Name of the company and address of its Registered Office:

(iii) Name(s) of Depositor (s)/ Debenture Holder(s) with full address:

(iv) Amount of Deposits/ Debenture:

(v) Fixed Deposit/ Debenture Receipt No. & date (Photostat copy to be enclosed):

(vi) Terms and Conditions of Deposit/ Debenture as also date of Maturity of Deposit/ Debenture:

(vii) Details of payment made, by the company, if any:

(viii) Actual amount due as on date of application (Principal/ interest)

(ix) Details of correspondence, if any, made between the company and the Depositor/ Debenture Holder (copy of correspondence to be enclosed):

(x) Any other particular (s) as may be considered relevant:

The Depositor/ Debenture Holder-applicant, therefore, prays:-

(i) that the company, above named be directed to make repayment of the aforesaid Deposit(s)/ Debenture(s) along with interest due thereon in accordance with the Terms and Conditions of the Deposit/ Debenture:

(ii) that such further orders be passed as the Company Law Board may deed fit in the circumstances of the case.

(Signature of the Depositor/ Debenture Holder-applicant)

Place: ................

Date: .................

Note 1. - The application shall be accompanied by a fee of rupees fifty only by way of bank draft or bankers cheque in favour of the "Pay and Accounts Officer, Ministry of Corporate Affairs, New Delhi or Mumbai or Kolkata or Chennai as the case may be".

2. This application shall be made in duplicate.

Form No. 5

(See regulation 18(3))

Memorandum of appearance

To

The Bench Officer,

Company Law Board, ........... Bench,

In the mater of ........... Petitioner.

    V.

    ...................... Respondent

    (C.P. No. ........... of 199...........)

Sir,

Please take notice that I, AB, Secretary in whole-time practice/ practising Chartered Accountant/ practising Cost & Works Accountant, duly authorised to enter appearance, and do hereby enter appearance, on behalf of ............ petitioner/ opposite party/ Registrar/ Regional Director/ Government of ............ in the above-mentioned petition.

*A copy of the resolution passed by the Board of Directors authorising me to enter appearance and to act for every purpose connected with the proceedings for the said party is enclosed, duly signed by me for identification.

Yours sincerely,

Dated ............ day of ...........

    Address:

Enclosure: as aforesaid

Tele No.:


*Strike out if not applicable.

Annexure-III

Documents to be attached with a petition

SI. No.

Section of the Act

Nature of petition

Enclosures to petition

(1)

(2)

(3)

(4)

1.

Omitted. (vide GSR630(E) dated 12/8/2012)

2.

Omitted. (vide GSR630(E) dated 12/8/2012)

3.

Omitted. (vide GSR630(E) dated 12/8/2012)

4.

43

Petition praying for relief from consequences of failure to comply with conditions constituting it’s a private company.

1. Copy of the memorandum and articles of association.

2. Copy of the documents showing that the default has been committed in complying with the conditions laid down in clause (iii) of sub-section (1) of Section 3.

3. Affidavit verifying the petition.

4. Bank draft evidencing payment of application fee.

5. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.

5.

49 (10)

Petition to direct the company to allow an immediate inspection of Register of investments, if the inspection is refused.

1. Documentary evidence, if any, showing the refusal on the part of the company to allow inspection of the Register of investments.

2. Affidavit verifying the petition.

3. Bank draft evidencing payment of application fee.
4. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.

5. Any other relevant correspondence exchanged in the matter with the company.

6. Acknowledgement receipt from the Registrar of Companies (See Regulation 14(3))

6.

58A(9) or 117 C of Section 45QA of the RBI Act, 1934

Application to direct the company to make repayment of the matured deposits or debentures

1. Copy of the deposit receipt

2. Copy of the correspondence exchanged with the company.

3. Bank draft evidencing payment of application fee.

6A.

58AA

Petition to intimate the default in making repayment of the matured deposits from small depositors and interest thereon

1. Names and addresses of the officers of the company.

2. Full details of small depositors such as names, addresses, amount of deposits, rate of interest, dates of maturity and other terms and conditions of deposits.

3. Reasons for nonpayment or late payment.

4. Annual Reports for the last three years.

5. Projection and cash flow statement for the next three financial years duly certified by Statutory Auditors of the company.

7.

79(2)

Petition to sanction issue of shares at a discount

1. Copy of the memorandum and articles of association.

2. Copy of the notice calling for the meeting with Explanatory Statement and the Resolution sanctioning issue.

3. Copy of the minutes of the meeting at which the resolution was passed.

4. Copies of the last three years audited balance-sheets and profit and loss accounts, auditor’s report and director’s report.

5. Affidavit verifying the petition.

6. Bank draft evidencing payment of application fee.

7. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.

8.

80A(1) Proviso

Petition to give consent to issue of further redeemable preference shares in lieu of irredeemable preference shares.

1. Copy of the memorandum and articles of association

2. Documents showing the terms of issue of the existing preference shares.

3. Copy of the Board Resolution and resolution of general meeting for issue of further redeemable preference shares.

4. Copy of the latest audited balance-sheet with the profit and loss account of the company with auditor’s report and director’s report.

5. Affidavit verifying the petition.

6. Bank draft evidencing payment of application fee.

7. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.

9.

111 or 111A

Petition for rectification of Register of Members on any ground including refusal of registration of transfer/ transmission of shares/ debentures by the company.

Where the company is the petitioner.

1. Copy of the memorandum and articles of association

2. Latest audited balance-sheet and profit and loss account, auditor’s report and director’s report.

3. Authenticated copy of the extract of the Register of Members.

4. Copy of the resolution of the Board or Committee of Directors (where applicable)

5. Any other relevant documents.

6. Affidavit verifying the petition.

7. Bank draft evidencing payment of application fee.

8. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.

9. Two extra copies of the petition.
Where the petition is made by any other person.

1. Documentary evidence in support of the statements made in the petition including the copy of the letter written by the petitioner to the company for purpose of registering the transfer of, or the transmission of the right to, any share, or interest in, or debentures as also a copy of the letter of refusal of the company.

2. Copies of the documents returned by the company.

3. Any other relevant document.
4. Affidavit verifying the petition.

5. Bank draft evidencing payment of application fee.

6. Memorandum of appearance with copy of the Board’s Resolution or the executed Vakalatnama, as the case may be.

7. Two extra copies of the petition.

10.

113(1)

Petition for extending the period for delivery of the certificates of debentures.

1. Copy of the letter of allotment issued by the company.

2. Copy of the instrument of transfer.

3. Copies of the resolutions of the Board allowing the transfer and/or seeking extension.

4. Affidavit verifying the petition.

5. Bank draft evidencing payment of application fee.

6. Copy of the latest audited balance-sheet and profit and loss account together with auditor’s report and director’s report.

7. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.

11.

113(3)


Petition for noncompliance of subsection (1) of Section 113 providing time-limit for issue of shares /debenture certificates.

1. Copy of the letter of allotment issued by the company.

2. Documentary evidence for the lodgment of shares of debentures for transfer, if any.

3. Copy of notice served on the company requiring it to make good the default in complying with the requirements of sub-section (1) of Section 113.

4. Any other correspondence.

5. Affidavit verifying the petition.

6. Bank draft evidencing payment of application fee.

7. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.

11A.

117B(4)

Petition to intimate the default in making repayment of the matured debentures and interest thereon

1. Names and addresses of the officers of the company.

2. Full details of debenture holders such as names, addresses, amounts, rate of interest, dates of maturity and other terms and condition of the debentures.

3. Reasons for non-payment or late payment.

4. Annual Reports for the last three years.

5. Copy of the Prospectus issued at the time of issue of debentures.

6. Copy of the Trust Deed.

12.

118(3)

Petition for furnishing copy of trust deed to person requiring it.

1. Copy of the letter written to the company for the issue of trust deed.

2. Copy of the letter of refusal, if any, issued by the company.

3. Affidavit verifying the petition.

4. Bank draft evidencing payment of application fee.

5. Memorandum of appearance with copy of the Board’s Resolution or the executed Vakalatnama, as the case may be.

13.

Omitted. (vide GSR630(E) dated 12/8/2012)

14.

144(4)

Petition to direct inspection of copies of instrument creating charge or register of charge.

1. Documentary evidence, if any, showing the refusal of the company to give inspection to the petitioner.

2. Affidavit verifying the petition.

3. Bank draft evidencing payment of application fee.

4. Memorandum of appearance with copy of the Board’s Resolution or the executed Vakalatnama, as the case may be.

15.

163(6)

Petition to direct inspection of register and returns or to furnish the copies thereof to the person requiring it.

1. Documentary evidence, if any, showing the refusal of the company to give inspection to the petitioner.

2. Affidavit verifying the petition.

3. Bank draft evidencing payment of application fee.

4. Memorandum of appearance with copy of the Board’s Resolution or the executed Vakalatnama, as the case may be.

16.

167

Application for directing to call annual general meeting.

1. Affidavit verifying the petition.

2. Bank draft evidencing payment of application fee.

17.

186

Application for ordering for calling of general meeting (other than Annual General Meeting)

1. Documentary evidence in proof of status of the applicant.

2. Affidavit verifying the petition.

3. Bank draft evidencing payment of application fee.

4. Memorandum of appearance with copy of the Board’s Resolution or the executed Vakalatnama, as the case may be.

18.

Omitted. (vide GSR 630(E) dated 12/8/2012)

19.

196(4)

Petition to pass an order directing immediate inspection of minute books or directing a copy thereof be sent forthwith to person requiring it.

1. Documentary evidence, if any, showing the refusal of the company to give inspection to the petitioner.

2. Affidavit verifying the petition.

3. Bank draft evidencing payment of application fee.

4. Memorandum of appearance with copy of the Board’s Resolution or the executed Vakalatnama, as the case may be.

20.

219(4)

Petition to pass an order directing that a copy of balance-sheet and auditor’s report demanded be furnished forthwith to person concerned.

1. Documentary evidence, if any, showing the refusal of the company to give inspection to the petitioner.

2. Affidavit verifying the petition.

3. Bank draft evidencing payment of application fee.

4. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.

21.

225(3) proviso

Petition to decide as to whether right of auditors to get their representation circulated and read out at meeting is being abused to secure needless publicity for defamatory matter and to order company’s costs of an application to be paid in whole or in part by the retiring auditors.

1. Documentary evidence, if any, showing the refusal of the company to give inspection to the petitioner.

2. Affidavit verifying the petition.

3. Bank draft evidencing payment of application fee.

4. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.

22.

235(2)

Petition to declare by an order that affairs of a company be investigated by inspector(s)

1. Documentary and/or other evidence in support of the statements made in the petition, as are reasonably open to the petitioner(s).

2. Documentary evidence in proof of the eligibility and status of the petitioner(s) with the voting power held by each of them.

3. Affidavit verifying the petition.

4. Bank draft evidencing payment of application fee.

5. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.

6. Three extra copies of the petition.

23.

250

Complaint by any person for finding out facts about certain shares.

1. Documentary evidence, if any, in support of the complaint.

2. Affidavit verifying the petition.

3. Bank draft evidencing payment of application fee.

4. Memorandum of appearance with copy of the Board’s Resolution or the executed Vakalatnama, as the case may be.

5. Three extra copies of the petition.

24.

284(4) proviso

Petition to decide as to whether the right of a director to get his representation circulated and read out at meeting is being abused to secure needless publicity for defamatory matter and to order company’s costs to be paid in whole or in part by such director.

1. Documentary evidence, if any, showing the refusal of the company to give inspection to the petitioner.

2. Affidavit verifying the petition.

3. Bank draft evidencing payment of application fee.

4. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.

25.

304(2)(b)

Petition to pass an order directing immediate inspection of register maintained under section 303.

1. Documentary evidence, if any, showing the refusal of the company to give inspection to the petitioner.

2. Affidavit verifying the petition.

3. Bank draft evidencing payment of application fee.

4. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.

26.

307(9)

Petition to pass an order directing immediate inspection of register maintained under section 303.

1. Documentary evidence, if any, showing the refusal of the company to give inspection to the petitioner.

2. Affidavit verifying the petition.

3. Bank draft evidencing payment of application fee.

4. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.

27.

397, 398, 399(4), 400, 401, 402, 403, 404, 405.

Petition to exercise powers in connection with prevention of oppression and/ or mismanagement.

1. Documentary and/or other evidence in support of the statements made in the petition, as are reasonably open to the petitioner(s).

2. Documentary evidence in proof of the eligibility and status of the petitioner(s) with the voting power held by each of them.

3. Where the petition is presented on behalf of members, the letter of consent given by them.

4. Statement of particular showing names, addresses, number of shares held and whether all calls and other monies due on shares have been paid in respect of members who have given consent to the petition being presented on their behalf.

5. Where the petition is presented by member or members authorised by the Central Government under section 399(4), the order of the Central Government authorising such member or members to present the petition shall be similarly annexed to the petition.

6. Affidavit verifying the petition.

7. Bank draft evidencing payment of application fee.

8. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.

9. Three spare copies of the petition.

28.

407(1)(b)

Petition to grant leave for an appointed of Managing Director of manager whose agreement as been terminated or set aside provided notice has been served on Central Government.

1. Documentary and/or other evidence in support of the statements made in the petition, as are reasonably open to the petitioner(s).

2. Documentary evidence in proof of the eligibility and status of the petitioner(s) with the voting power held by each of them.

3. Where the petition is presented on behalf of members, the letter of consent given by them.

4. Statement of particular showing names, addresses, number of shares held and whether all calls and other monies due on shares have been paid in respect of members who have given consent to the petition being presented on their behalf.

5. Where the petition is presented any member or members authorised by the Central Government under section 399(4), the order of the Central Government authorising such member or members to present the petition shall be similarly annexed to the petition.

6. Affidavit verifying the petition.

7. Bank draft evidencing payment of application fee.

8. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.

29.

408(1) (2) and (5)

Petitioner to decide whether it is necessary to appoint Government director on the Board of directors and to advice Central Government accordingly.

1. Documentary and/or other evidence in support of the statements made in the petition, as are reasonably open to the petitioner(s).

2. Documentary evidence in proof of the eligibility and status of the petitioner(s) with the voting power held by each of them.

3. Affidavit verifying the petition.

4. Bank draft evidencing payment of application fee.

5. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.

6. Three spare copies of the petition.

30.

409(1)

Petition to prevent change in Board of Directors likely to affect company prejudicially.

1. Documentary and/or other evidence in support of the statements made in the petition, as are reasonably open to the petitioner(s).

2. Documentary evidence in proof of the eligibility and status of the petitioner(s) with the voting power held by each of them.

3. Affidavit verifying the petition.

4. Bank draft evidencing payment of application fee.

5. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.

6. Three spare copies of the petition.

31.

614(1)

Petition to pass an order directing a company to make good the default from its failure to make returns, etc. to the Registrar of Companies.

1. Copy of the notice served on the company to make good the default

2. Documentary evidence as to the service of notice.

3. Affidavit verifying the petition.

4. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.

5. Bank draft evidencing payment of application fee.

32.

2A of the Monopolies Act

Petition for determination of any question of group, interconnection or same management in accordance with the provision of section 2A of the Monopolies Act.

1. Documentary evidence, in support of the statements made in the petition, as are reasonably open to the petitioner(s).

2. Affidavit verifying the petition.

3. Bank draft evidencing payment of application fee.

4. three extra copies of the petition.

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