|
Section |
Description of the matter |
|
2(14A) |
Dividend
includes interim dividend. |
|
*2(29A) |
Net worth
means total of paid up capital and free reserves after deducting
provisions or expenses as may be prescribed. Free reserves includes
reserves out of the profits and share premium account but does not include
revaluation and amalgamation reserves. |
|
*2(46AA) |
Sick
industrial company means an industrial company |
|
|
(a) which
has accumulated losses in any financial year which is 50% or more than the
average net worth during 4 years immediately preceding such financial year
or |
|
|
(b) which
has accumulated losses in any financial year which is 50% or more than the
average net worth during 4 years immediately preceding such financial year
or |
|
3(6) |
Provisions
of minimum paid-up capital not to apply to companies registered under
Section 25. |
|
4 |
Meaning of
holding company and subsidiary. |
|
4A |
Public
Financial Institutions. |
|
13, 16 to
18 |
Memorandum
and its alterations; change of registered office within State to be
confirmed by Regional Director and special resolution to be passed,
special resolution and confirmation by the Tribunal required for change of
registered office to another State; special resolution for alteration of
objects clause; registration of alteration within 3 months. |
|
31 |
Alteration
of Articles by special resolution. |
|
42 |
Subsidiary
not to be a member of its holding Co. |
|
43A |
Deemed
public company to shed its status and become a private company. |
|
49 |
Investments of company to be held in its own name. |
|
58A |
Regulation
of deposits from Public (also refer rules under this section). |
|
58AA |
Regulations in case of defaults in repayments of deposit, or payment of
interest to small depositors. |
|
61 |
Terms of
contract mentioned in prospectus or statement in lieu of prospectus not to
be varied. |
|
*67 |
Private
issues to be treated as Public Issue if the offer is to 50 persons or
more. |
|
*68B |
IPO of
listed company of Rs. 10 crores or more to be in dematerialised form. |
|
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 |
Application 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 Ss. 72 and 73. |
|
75 |
Return as
to allotments — issue of shares for consideration other than cash. |
|
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 holding company’s shares. |
|
77A/77AA/ |
Purchase
by a company of its shares or other |
|
77B |
specified
securities, compliance with conditions in relation thereto and provision
for transfer of certain sums to capital redemption reserve account. |
|
78 |
Applications of premiums received on issue of shares. |
|
79 |
Power to
issue shares at a discount. |
|
80 |
Power to
issue redeemable preference shares. |
|
80A |
Redemption
of irredeemable preference shares, etc. |
|
81 |
Further
issue of capital. |
|
86 |
Equity
share capital with differential rights. |
|
93 |
Payment of
dividend in proportion to amount paid-up. |
|
94 |
Power of
limited company to alter share capital. |
|
94A |
Share
capital to stand increased when order is made u/s. 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 to members. |
|
100 & 102 |
Special
resolution for reduction of share capital and order for confirming such
reduction and powers of the court on making such order. |
|
108 |
Normal
formalities for transfer of shares or debentures. |
|
117A, 117B |
Debenture
trust deed, appointment of debenture |
|
& 117C |
trustees
and creation of Debenture Redemption Reserve. |
|
143 |
Company’s
register of charges. |
|
149 |
Restrictions on commencement of business. |
|
165 |
Statutory
meeting and statutory report. |
|
166 |
Annual
general meeting. |
|
189 |
Ordinary
and special resolutions. |
|
190 |
Special
Notice. |
|
192 |
Registration of certain resolutions and agreements. |
|
192A |
Passing of
resolution by postal ballot. |
|
193 |
Minutes of
proceedings of general meetings and Board and other 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 (also refer Ss. 309, 349, 350, Schedules
XIII and XIV). |
|
199 |
Calculation of commission, etc. in certain cases. |
|
200 |
Prohibition of tax-free payments. |
|
204 |
Restriction on appointment of firm or body corporate to office or place of
profit under a company. |
|
205 |
Dividend
to be paid only out of profits after charging depreciation and transfer to
reserves. Dividend declared by a Company to be transferred to a separate
Bank account within 5 days. |
|
205A |
Unpaid
dividend to be transferred initially to a special bank account and
thereafter after 7 years to the Investor Education & Protection Fund set
up by the Central Government. |
|
205A(3) |
Conditions
for declaration of dividend out of reserves. |
|
205B |
Payment of
unpaid or unclaimed dividend. |
|
206A |
Right to
dividend, rights shares and bonus shares to be held in abeyance pending
registration of transfer of shares. |
|
207 |
Dividend
declared by company normally to be paid within 30 days. |
|
208 |
Power of
company to pay interest out of capital in certain cases. |
|
209 |
Books of
account to be kept by company—including cost records. |
|
209(3) |
Books of
account to be kept on accrual basis and according to the double entry
system of book-keeping. |
|
209A |
Inspection
of books of account, etc. of companies by Central Government and SEBI. |
|
210 |
Annual
accounts and Balance Sheet. |
|
210A |
Constitution of National Advisory Committee for Consultation by Government
on Accounting Standards. |
|
211 |
Form and
contents of balance sheet and profit and loss account and requirements for
complying with Accounting Standards. |
|
212 |
Balance
sheet of holding company to include certain particulars as to its
subsidiaries. |
|
213 |
Financial
year of holding company and subsidiary. |
|
215 |
Authentication of balance sheet and profit and loss account. |
|
216 |
Profit and
loss account to be annexed, and Auditor’s Report to be attached, to
balance sheet. |
|
217 |
Board’s
report. It will also include a Directors' responsibility statement. |
|
220 |
Copies of
approved annual accounts to be filed with registrar. |
|
222 |
Construction of references to documents annexed to accounts. |
|
*224 |
Appointment and remuneration of auditors. |
|
224A |
Auditor
not to be appointed except with approval of the company by special
resolution in certain cases (also refer S. 619B). |
|
225 |
Provisions
as to resolutions for appointing or removing auditors. |
|
226 |
Qualifications and disqualifications of auditors. |
|
227 |
Powers and
duties of auditors. |
|
227(1A) |
Inquiry
and report to shareholders as regards specified clauses. |
|
227(4A) |
Manufacturing and Other Companies (Auditor’s Report) Order, 1988. |
|
228 |
Audit of
accounts of branch office of a company. |
|
229 |
Signature
of audit report, etc. |
|
230 |
Auditor’s
report to be read out in general meeting. |
|
231 |
Auditor’s
right to receive communication relating to, and to attend and to speak at,
company’s |
|
|
general
meeting. |
|
233A |
Power of
Central Government to direct special audit in certain cases. |
|
233B |
Cost
audit. |
|
235 |
Investigation of the affairs of a company. |
|
252 |
Minimum
number of directors. |
|
259 |
Increase
in number of directors to require |
|
|
Government
sanction. |
|
260 |
Additional
directors. |
|
268 |
Amendment
of provision relating to managing, wholetime or non-rotational director's
appointment to require Government approval. |
|
269 |
Appointment or reappointment of managing or wholetime director to require
Government approval in certain cases and every public company or a private
company which is a subsidiary of a public company to have a managing or
wholetime director or manager if the paid-up share capital is Rs. 5 crores.
(Rs. 1 crore up to 17-9-1990) |
|
274 |
Disqualification of directors. |
|
275 |
Maximum 15
companies in which a person can be a director. |
|
291 |
General
powers of the Board. |
|
292 |
Certain
powers to be exercised by Board only at meeting. |
|
292A |
Formation
of Audit Committee by public company having paid-up capital of not less
than Rs. 5 crores. |
|
293 |
Restrictions on powers of Board and necessity of general meeting consent. |
|
293A |
Prohibitions and restrictions regarding political contributions. |
|
293B |
Power of
Board or others to make contributions to the National Defence Fund, etc. |
|
294 |
Appointment of sole selling agents to require approval of company in
general meeting. |
|
294A |
Prohibition of payment of compensation to sole selling agents for loss of
office in certain cases. |
|
294AA |
Power of
Central Government to prohibit the appointment of sole selling agents in
certain cases. |
|
295 |
Central
Government’s approval required for loans to directors and specified
associates. |
|
296 |
Application of S. 295 to book debts in certain cases. |
|
297 |
Board’s
sanction and in some cases Central Government’s approval to be required
for certain contracts in which particular directors are interested. |
|
299 |
Disclosure
of interest by director. |
|
300 |
Interested
director not to participate, vote or constitute quorum in board’s
proceedings. |
|
301 |
Register
of contracts, companies and firms in which directors are interested. |
|
309 |
Remuneration of directors (also refer Ss. 198, 349, 350, Schedules XIII
and XIV). |
|
310 |
Provision
for increase in remuneration to require Government sanction. |
|
311 |
Increase
in remuneration of managing director on reappointment or appointment to
require Government sanction. |
|
312 |
Prohibition of assignment of office by director. |
|
313 |
Appointment and term of office of alternate director. |
|
314 |
Special
resolution (and in some cases Government approval) required for director,
etc. to hold office or place of profit. |
|
317 |
Managing
Director not to be appointed for more than 5 years at a time. |
|
318 |
Compensation for loss of office not permissible except to managing or
wholetime directors or 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 Ss. 318, 319, 320. |
|
349 |
Determination of net profits (also refer Ss. 198, 309, 350, Schedules XIII
and XIV). |
|
350 |
Ascertainment of depreciation (also refer Ss. 198, 309, 349, Schedules
XIII and XIV). |
|
370 |
Loans,
etc. to companies to be subject to specified limits and consents. (up to
30-10-1998) |
|
372 |
Investment
in shares, etc. of other companies to be subject to specified limits and
consents. (up to 30-10-1998) |
|
372A |
Loans/Guarantees to and investments in other companies to be subject to
specified limits and consents (w.e.f. 31-10-1998). |
|
383A |
Certain
companies to have a wholetime secretary and certain companies to file a
certificate from a Secretary in wholetime practice regarding compliance
with the provisions of the Act. |
|
384, 385,
386 |
Firm or
body corporate not to be appointed as manager, disqualifications of
manager, etc. |
|
387 |
Remuneration of manager. |
|
388 |
Application of Ss. 269, 310, 312 & 317 to managers. |
|
417 |
Employees'
securities to be deposited in post office savings bank or scheduled banks
or State Bank of India. |
|
418 |
Provisions
applicable to Provident Funds of employees. |
|
424A –
424G |
Revival
and Rehabilitation of Sick Industrial Companies- Reference to Tribunal,
Inquiry into working of such companies, Tribunal to make suitable order on
completion of inquiry, Preparation and sanction of scheme, Rehabilitation,
Arrangement for continuing operations, etc during inquiry and Winding up
of sick industrial company. |
|
*581A – |
Producer
Companies – Formation, Management, |
|
581ZT |
Share
Capital and Members rights, Functioning, etc of such companies. (Part IXA). |
|
591 |
Certain
foreign companies to comply with provisions as Indian companies. |
|
594 |
Accounts
of foreign companies. |
|
*605A |
Offer of
Indian Depository Receipts. |
|
619, 619B |
Application of Ss. 224 to 233B to Government companies. |