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Power of Central Government or Company Law Board to accord Approval, etc., subject to conditions and to prescribe fees on applications - Declaration of Nidhi companies by Central Government subject to certain conditions
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Restrictions on Nidhi companies limit non core business activities and require annual auditor certification of compliance.
Central Government directions impose operational restrictions on companies declared as Nidhi or Mutual Benefit Societies, prohibiting them from undertaking non core businesses, opening branches outside the district, admitting corporate members, issuing new shares or acquiring control of other companies, entering financial dealings with non members, taking further deposits from or lending to body corporates, conducting non borrowing/lending businesses, forming new partnership arrangements in borrowing or lending, and granting unsecured advances without prescribed security. Each Nidhi must maintain a minimum membership level and obtain an annual auditor's certificate of compliance and proper accounting.
Amendments in rule 3(i)(c) and in Form of the Companies (Acceptance of Deposits) Rules, 1975
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Interest rate ceiling in acceptance of deposits rules amended to a higher prescribed percentage, updating related statutory form entries.
Amendment raises the figure in rule 3(i)(c) of the Companies (Acceptance of Deposits) Rules, 1975 from the prior percentage to a higher percentage by substituting the earlier figure with the new figure; the change is effected by a Central Government notification under section 58A read with section 642 and aligns the corresponding numeric entries in the Form (Part I items 2(b) and 4(b), entries (vi)-(viii)) with the amended rule.
Section 4A of the Companies Act, 1956 - Public financial institutions - Notified public financial institutions
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Public financial institution designation: Industrial Investment Corporation Limited specified by amendment under Section 4A notification.
The Central Government, under subsection (2) of Section 4A of the Companies Act, 1956, specifies an institution to be a public financial institution by substituting the entry against the relevant serial number in the earlier notification S.O. 1329 (dated 8-5-1978) with the name of the institution, thereby including it among notified public financial institutions.
Section 4A of the Companies Act, 1956 - Public financial institutions - Notified public financial institutions
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Public financial institution designation: Indian Renewable Energy Development Agency Limited added to notified list under Companies Act.
The Central Government specified the Indian Renewable Energy Development Agency Limited as a public financial institution by amending the prior notification under the Companies Act, inserting a new entry to add the institution to the list of notified public financial institutions.
Power of Central Government to prohibit appointment of Sole Selling agents in certain cases -Specified category of goods
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Prohibition on sole selling agents restricts appointment for specified goods when demand outstrips production, removing necessity for agents.
The Central Government, invoking statutory power under the Companies Act framework, declares that companies shall not appoint sole selling agents for specified goods because demand for those goods substantially exceeds production or supply and sole selling agents are unnecessary to create a market; the prohibition applies to the listed categories of cement and paper for the period stated in the notification.
Power of Central Government to prohibit appointment of Sole Selling agents in certain cases -Specified category of goods
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Prohibition on sole selling agents: appointment banned for specified goods where demand exceeds supply, restricting exclusive agency use.
Central Government prohibits appointment of sole selling agents where demand for specified goods substantially exceeds production or supply and agents are unnecessary to create a market; the notification bars such appointments for the listed goods (Sugar and Vanaspati) for a further period of five years from publication, continuing an earlier prohibition.
Recognised stock exchange - Amendment in Notification No. GSR 1060(E), dated 21-12-1989
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Recognised stock exchange designation adds National Stock Exchange to government notification under the Companies Act, effecting formal recognition.
The Central Government amends an existing notification under clause (39) of section 2 of the Companies Act to add the National Stock Exchange of India Limited as a recognised stock exchange, inserting it as a new entry in the list of recognised exchanges so that the Exchange is treated as recognised for purposes where such status under the Companies Act is required.
Certain words substituted in paragraph 1.3 under Schedule X to the Companies Act, 1956
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Companies Act amendment replaces 'fees payable' with 'fees paid', altering fee treatment and taking effect on publication.
Amendment to paragraph 1.3 of Schedule X to the Companies Act substitutes the words "the increased share capital and the fees payable on such date" with "the increased share capital and the fees paid on such date", effected by central government exercise of its amendment power, and the change takes effect upon publication in the Official Gazette.
Companies (Issue of Share Certificates) Amendment Rules, 1995 - Insertion of sub-rule (4) of rule 4 of the Companies (Issue of Share Certificates) Rules, 1960
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Jumbo share certificate issuance allowed for listed and section 25 companies via custodians with counter receipts to allottees.
The amendment permits companies listed with the OTC Exchange of India and companies registered under section 25 of the Companies Act, 1956 to issue a single jumbo share certificate in favour of a Custodian and to provide counter receipts to every allottee. "Custodian" is defined as an entity performing post-trade activities such as settlement of purchases and sales, information reporting, safekeeping of securities and participation in clearing systems to effect deliveries on behalf of clients.
Insertion of sub-rule (2A) of rule 5A of the Companies (Central Government's) General Rules and Forms, 1956
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Instrument of transfer: mandated Form 7BB standardises OTC and not for profit company share transfer and CR procedures.
The amendment inserts sub-rule (2A) to rule 5A requiring that an instrument of transfer for companies listed with the OTC Exchange of India and companies registered under section 25 be in Form 7BB. Form 7BB prescribes a Counter Receipt & Transfer Form capturing transaction, counter and investor details, transferor/transferee particulars, attestation and lodging data, and sets contractual terms: applicability of Exchange rules, brokerage and transaction fees, CR exchangeability, first-holder authority, transfer without company reference within prescribed limits, custody risk allocation, consequences for dishonoured payment or invalid documents, and arbitration and jurisdiction provisions.
Section 641(1) of the Companies Act, 1956 - Power to alter Schedules - Substitution of Parts I and II of Schedule V to Companies Act, 1956
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Annual return content requirements: substituted Schedule V mandates detailed company disclosures including director, shareholding, indebtedness and transfer particulars.
The notification substitutes Parts I and II of Schedule V prescribing the form and mandatory contents of the annual return for companies with share capital, requiring class-wise capital disclosure, debenture and indebtedness particulars, a detailed list of members and transfers, director/manager/secretary personal and appointment particulars (including Election Commission identity number if issued), stock-exchange listing status, standardised capital and debenture breakups, certification by officers that registers and transfers are properly maintained, and annexed code lists plus electronic file formats for shareholder and transfer data.
Section 641(1) of the Companies Act, 1956 - Power to alter Schedules -Amendment in Schedule VI to Companies Act, 1956
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Schedule amendment adds mandatory Balance Sheet Abstract and company profile requirements, specifying financial and product reporting.
The Central Government amended Schedule VI to require a standardized Balance Sheet Abstract and Company's General Business Profile capturing registration details; capital raised; mobilisation and deployment of funds (sources and application); performance metrics including turnover, expenditures, profit/loss, earnings per share and dividend rate; and identification of three principal products/services by ITC item codes, with an accompanying state code list and specified monetary presentation.
Company Law Board (Amendment) Regulations, 1995 - Substitution of regulation 4 and insertion of regulation 50
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Chairman authority to allocate matters to Benches shapes Bench composition and transfer of cases across benches.
The Chairman is empowered to specify categories of matters to be heard by multi-member Benches and to designate a Principal Bench, based in New Delhi but able to sit elsewhere as necessary. Specified corporate and statutory matters must be heard by Benches of not less than two members, while interlocutory and miscellaneous applications connected to those matters may be decided by a single-member Bench. The Chairman may transfer matters from Regional Benches to the Principal Bench for reasons recorded in writing.
Section 620A(l) and (2) of the Companies Act, 1956 - Power to modify Act in its application to Nidhis, etc.
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Modification of Companies Act application to Nidhis: declaration of a company as a Nidhi with specified tailored applicability.
The Central Government, using the power under section 620A, declares Sullivan Garden Benefit Fund Limited to be a Nidhi and directs that the Companies Act provisions listed in column (1) of Schedule III to the earlier notification shall not apply or shall apply with the exceptions, modifications and adaptations specified in column (2), thereby providing tailored regulatory treatment; the notification further amends the prior notification by adding an entry for the company to Schedule I.
Section 620A(l) and (2) of the Companies Act, 1956 - Power to modify Act in its application to Nidhis, etc.
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Nidhi status conferred on ICS Benefit Fund Limited; specified Companies Act provisions exempted or modified in its application.
ICS Benefit Fund Limited is declared a Nidhi and the Central Government, under Section 620A of the Companies Act, 1956, directs that specified provisions of the Act listed in Schedule III to an earlier notification shall not apply, or shall apply with the exceptions, modifications and adaptations set out in the corresponding entries; the notification amends Schedule I by adding the declared entity.
Section 620A(l) and (2) of the Companies Act, 1956 - Power to modify Act in its application to Nidhis, etc.
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Modification of Companies Act application to Nidhi: government declares a fund a Nidhi and prescribes statutory adaptations.
The Central Government, under section 620A, declares Shri Samundeswari Benefit Fund Limited to be a Nidhi and directs that the Companies Act provisions listed in Schedule III to GSR 978/1963 shall not apply or shall apply with the exceptions, modifications and adaptations specified in the corresponding entries, as they pertain to the declared Nidhi. The notification amends the earlier instrument by adding the company as item 151 in Schedule I to record its status and trigger the specified adaptations.
Section 620A(l) and (2) of the Companies Act, 1956 - Power to modify Act in its application to Nidhis, etc.
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Nidhi declaration: Shri Navrathana Benefit Fund Limited made a Nidhi under Section 620A with tailored Companies Act application
The Central Government, under Section 620A of the Companies Act, 1956, declares Shri Navrathana Benefit Fund Limited to be a Nidhi and directs that the Companies Act provisions listed in Schedule III to G.S.R. 978 shall not apply, or shall apply with the exceptions, modifications and adaptations specified in the corresponding entries; the notification also amends Schedule I to add Shri Navrathana Benefit Fund Limited as the newly recorded Nidhi.
Power of Central Government or Company Law Board to accord Approval, etc., subject to conditions and to prescribe fees on applications - Declaration of Nidhi companies by Central Government subject to certain conditions
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Restrictions on Nidhi companies: specified prohibitions and mandatory membership and profitability conditions for government-declared Nidhis.
The Central Government prescribes conditions for companies declared as Nidhis: they are prohibited from engaging in chit fund, insurance, hire purchase or business in shares or debentures; from opening new branches or current accounts with members; from admitting corporate members; and from amending their memorandum or articles without government approval. Each declared Nidhi must have at least one thousand members, have completed one financial year, and have made a reasonable profit after writing off preliminary expenses and brought forward losses.
Section 4A(2) of the Companies Act, 1956 - Public financial institutions - Notified public financial institutions
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Notified public financial institutions designation expands to include multiple state financial corporations, updating the official notification list.
Central Government specifies additional State Financial Corporations and one industrial development corporation as financial institutions and amends the existing notification by adding entries 17-34 to the prior list, thereby formally including those named State Financial Corporations and Tamilnadu Industrial Development Corporation Limited among the notified public financial institutions under the Companies Act.
Delegation by Central Government of its powers and functions under Act - Amendment in GSR No. 288(E), dated 31-5-1991
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Delegation of government powers amended by textual deletion in a prior company-law notification, narrowing the earlier reference.
Acting under section 637 of the Companies Act, 1956, the Department of Company Affairs amends GSR No. 288(E) dated 31 May 1991 by omitting the words and figures "sub-section (1) of section 31" from that notification, thereby making a narrow textual deletion to the earlier delegation notice.

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