REGISTERED No. DL—33001/2001 The Gazette of India
PUBLISHED BY AUTHORITY
No. 9] NEW DELHI, SATURDAY, MARCH 3, 2001 (PHALGUNA 12,1922) (Separate paging Is given to this Part in order that it may be filed as a separate compilation)
[PART III—SECTION 4]
[Miscellaneous Notifications including Notifications, Orders, Advertisements and Notices issued by Statutory Bodies ]
(1463)
1464 1465 1466 1467 1468 1469 1470 14712—489 GI/20001472 1473 1474 1473 1476 1477 1478 1479 3—489 GI/20001480 1481 1482 1483 1484 1485 1486 1487 4—489 GI/20001488 1489 1490 1491 1492 1493 1494 1495 5—489 GI/20001496 1497 1498 1499 1500 1301 1502 6—489 Gl/20001504 1505 1506 1507 1508 1509 1510 PART III—SEC. 4] THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) 1511
CENTRAL BANK OF INDIA
CENTRAL OFFICE, PRS(LEGAL) DEPARTMENT, 17TH FLOOR, CHANDER MUKHI, NARIMAN POINT,
MUMBAX 400 021 -DATED THE 5TH DAY OF FEBRUARY, 2001.
GSR No. . In exercise of the powers conferred/ by section 19 read with sub-section (2) of seotion 12, of thf Banking Companies (Acquisition and Transfer of Undertakings) Ac/ 1970 (5 of 1970) the Board of Directors of CENTRAL BANK OF IND/.A, in consultation with the Reserve Bank of India and with / the previous sanotion of the Central Government, hereby makes the following regulations, namely :
1. Short Title and Commencement :-
(1) These Regulations may be called The CENTRAL BANK OT/ INDIA) Officer Employees' (Discipline and Appeal.) Amendment Regulations, 2001.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the CENTRAL BANK OF INDIA Offioer Employees (Discipline & Appeal) Regulations, 1976 in regulation 6, for sub-regulation (2), the following sub-regulation shall be substituted, namely :-
"(2) Whenever the Disciplinary Authority is of the opinion that there are grounds for inquiring into th'a truth of any imputation of misconduot or misbehavior against an offioer employee, it may itself enquire into, or appoint any other person who is, or has been, a public servant (hereinafter referred to as the Inquiring authority) to inquire into the truth thereof.
Explanation :- When the Disciplinary Authority itself holds the inquiry any reference in sub-regulation (3) to sub-regulation (21) to the Inquiring authority shall be ooneit rued as reference to Disciplinary.Authority".
A
N a me of t he O f f i o er ! ShjcJ-^frrKT^UPTA D e s i g n a t i on of t he Officer* : G E N E R AL M A N A G ER ( P)
C E N T R AL O F F I CE F i le N o. C O : P R S : L E G A L : M I S C : 3 5 1 3 : S A K : ? K - 0 1:
x- • >.,', N o4 < ' h- /,, ,'-ii 1:'^ '-i -, •••..•', i ' i. >,i| •" ti1.' j j ' •• ; > r e g u l a t i o ns w e rt ( j ^ . ^ j l t dd an p < 5r d e t a i ls giv..;.. '.ej
Notification number : 1, GSR No. 44 dated the 1st day of November, 1997. 2. GSR No. 34 dated th" 19th day of August, 2000.
7- -489 Gl/20001512 THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) [PART III—SEC. 4 VIJAYA BANK Head Office Bangalore, the 16th February 2001
P E R i I R D ; 5 0 3 ; 2 0 01
.
Nu - In exercise uf llie powers conferred by section 19 of the Dunking Coiiipniiies (Acquisition and Tinusfcr ol" Undei takings) Act, 1980 ( 40 ol' 1980) , the Lloiud of V X J A YA B A NK in consullnlion with the Resei-ve Dank of India mill with the previous sanction of the Central (jovcinmcul, heieby makes the following Regulations to amend the V I J A YA B A NK Officei Employees' (Conduct) Reaulotious. 1981 namely:-
1. (i) These Regulations may be called the VUAYA BANK Oilicer Eiiiuloyeus (Conduct) Amendment Regiiliilions, 2000.
(ii) I hoy slmll come into force on the date of their publication in the "Ollioial Ciizelle".- 2. In [ | i eV iJaya Ba "^ Oilicer limployces' (Conduct) Regulations / 1 9 8 1.
(i) in tegulflliou 3, for sub-iegulnliou (1), the following sunll.be substituted, nnuiely :-
"(1) Every officer employee, shall, at all times take all possible steps to ensure
and protect the interests of the bank and discharge his duties with utmost
integrity, honesty, devotion and diligence and do nothing which is unbecoming of
an officer employee ".
(ii) in leguliilioii 3, alter sub-icgultition (3), the lullowing proviso slmll be MIKCIUHI, iininety:-
"I'rovidcd w/iercwr xuch directions uiv oral in Mature the Mime .slmll In'
confirmed in writing by his superior official".
(iii) in icguhlion 0, in sub-regulation ( I ), for the existing pioviso, the following shall be substituted, uamely:-
"Provided that an, officer employee, may, without such sanction undertake
honorary work of a social or charils.ble nature or occasional work of a literary,
artistic, scientific, professional, cultural, educational, religious or social
character, subject to the condition that his official duties do not thereby ,\n/ji i
but he shall not undertake or shall dfscvntiniHi such work if so directed by the
competent authority after recording reasons for the same ".
(iv) in legultilioii 0, for sub-regulation ('1), llio following slmll bo {substituted, iiiimcly:-
PART III—SEC. 4] THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) 1513"(4/ No officer employee shall accept any payment, in the form of fee.
remuneration, honorarium ami the like in cash or kind far any work done by hint
for any public body or any private person without the sanctioiLoJ the conipvtcilt
authority".
A. /V-^v——-/IL
-" rB7"~sRiDM,.-' !>!.?rxy ) GENERAL MMAGf&J (PERSONNEL) A L L A H A B AD B A NK H E AD O F F I CE 2, N . S. R O A D
C A L C U T T A - 7 0 0 0 01 DATE :14.02.2001 No H.O./Legal/1241 . In exercise of the powers conferred by section 19 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), the Board of Allahabad Bank in consultation with the Reserve Bank of India and with the previous sanction of the Central Government, hereby makes the following Regulations to amend the Allahabad Bank Officer Employees1 (Conduct) Regulations, 1976 namely:-
1. (I) These Regulations may be called the Allahabad Bank Officer Employees' (Conduct) Amendment Regulations, 2001.
(ii) They shall come into force on the date of their publication in the 'Official Gazette'.
2. In the Allahabad Bank Officer Employees' (Conduct) Regulations,1976
(i) in regulation 3, for sub-regulation (1) , the following shall be substituted namely:-
"(1) Every Officer employee shall, at all times take all possible steps to
ensure and protect the interest of the bank and discharge his duties with utmost
integrity, honesty, devotion and diligence and do nothing which is unbecoming
of an officer employee".
(ii) In regulation 3, after sub-regulation (3), the following proviso shall be< inserted , namely:-
"Provided wherever such directions are oral in nature the same shall be
confirmed in writing by his superior official".
1514 THK GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) [PART III—SEC. 4(iii) in regulation 6 in sub-regulation (1) for the existing proviso, the following shall be substituted, namely:
"Provided that an officer employee may, without such sanction
undertake honorary work of a social or charitable nature or occasional work
of a literary, artistic, scientific, professional, cultural, educational, religious
or social character, subject to the condition that his official duties do not
thereby suffer but he shall not undertake or shall discontinue such work if so
directed by the competent authority after recording reasons for the same"
(iv) in regulation 6, for sub-regulation (4) , the following shall be substituted namely:-
"(4) No officer employee shall accept any payment, in the form of fee,
remuneration, honorarium and the like in cash or kind for any work done by
him for any public body or any private person without the sanction of the
competent authority.".
(R. L. Batta )
ASSTT. GENERAL MANAGER(LAW) Foot Note:- The amendments carried out earlier in the above Regulations were published in the Official Gazette as per details given below:-
Notification No.
Date
25.4.88
Legal/1/88
20.01.90
Legal/1/90
28.12.92
H.O./Legal/333/1137
28.09.93
H.O/LegaI/0814
14.10.2000
H.O/Legal/0926PART III—SEC. 41 THE GAZETTE DF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) 1515
CANARA BANK GENERAL REGULATIONS, 2000
In exercise of the powers conferred by Section 19 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 the Board of Directors of Canara Bank, after consultation with the Reserve Bank of India and with tg regulations, namely:
CHAPTER-- I
INTRODUCTORY
1. Short title and commencement -
i] These regulations may be called Canara Bank General Regulations, 2000.
ii] These regulations shall come into force on the date of their publication in the Official Gazette.
2. Definitions - In these regulations, unless there is anything repugnant to the subject or context or meaning thereof -
(a) "Act" means the Banking Companies (Acquisition a nd Transfer of Undertakings) Act, 1970 (5 of 1970);
(b) "Bank" means Canara Bank, constituted u n d er Section 3 of the Act;
(c) "Board" m e a ns the Board of Directors constituted under Section 9 of the Act;
(d) "Chairman" means the Chairman of the Board;
(e) "Committee" means a Committee as constituted by the Board;
(f) "Executive Director" means the wholetime director, n ot being the Managing Director;
(g) "General Manager" means General Manager of the Bank;
(h) "Management C o m m i t t e e" m e a ns a Committee constituted u n d er Clause 13 of the Scheme;
(i) "Managing Director" m e a ns Managing Director of the Bank;
1516 THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) [PART III—SEC. 4(j) "Register" m e a ns the register of shareholders kept irl one or more books of the Bank and includes'the register of shareholders kept in computer floppies or diskettes under S u b- section 2 (G) of Section 3 of the Act;
(k) "Registrar" m e a ns the person appointed by the Bank for -
(i) collecting applications from investors in respect of an issue,
(ii) keeping a proper record of applications a nd monies received from investors or paid to the seller of the securities,
(iii) assisting the Bank in -
(a) determining the basis of allotment of securities in consultation with the stock exchange,
(b) finalising the list of persons entitled to allotment of securities,
(c) processing a nd despatching allotment letters, refund orders or certificates and other related documents in respect of the issue, and
(iv) such other function as assigned from time to time by the Bank;
(1) "Scheme" m e a ns the Nationalised Banks (Management and Miscellaneous Provisions) Scheme, 1970;
(m) "Share" m e a ns share in the share capital of the Bank;
(n) M Share transfer agent" includes -
(i) any person, who on behalf of the Bank maintains the records of holders of securities issued by the Bank and deals with all matters connected with the transfer and redemption of its securities, or
(ii) a department or division (by whatever name called) of the Bank performing the activities referred in Sub-clause (i);
(o) Words and expressions used in Chapter III and not defined in these regulations but defined in the Depositories Act, 1996 (Act 22 of 1996), shall have the meaning respectively assigned to them in the said Act.
(p) Other expressions used and not defined in these regulations but used in the Act or the Scheme shall have the meanings respectively assigned to them in tne Act or the Scheme;
PAJIT I I I ^ S E C. 4] THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) 1517CHAPTER - U
SHARES AND SHARE REGISTER
3. Nature of Shares - The Shares of C a n a ra B a nk shall be movable property, transferable in the m a n n er provided u n d er these regulations.
4. Kinds of Share Capital
(i) Preference Shart Capital m e a ns t h at p a rt of s h a re capital of C a n a ra B a nk which fulfils both the following conditions :-
(A) as respects dividends, it carries a preferential right to be paid a fixed a m o u nt or an a m o u nt calculated at fixed rate, which m ay be either free of or subject to income tax a nd
(B) as respect capital, it carries or will carry, on winding up to repayment of capital, a preferential right to be repaid t he a m o u nt of the capital p a i d - up or deemed to have been paid-up, whether or n ot there is preferential right to the p a y m e nt of either or both of the following a m o u n t s, namely >
(a) a ny money remaining unpaid, in respect of the a m o u n ts specified in Clause (A) u p to the date of winding up or r e p a y m e nt of capital, a nd
(b) a ny fixed p r e m i um or p r e m i um on a ny fixed scale, specified by the Board with the previous consent of the Central Government.
(ii) "Equity S h a re Capital" m e a ns all s h a re capital, which is n ot preference share capital.
(iii) The expressions "Preference Share" and "Equity Share" shall be construed accordingly.
5. Particulars to be entered In the register
(1) A share register shall be kept, maintained and updated in accordance with sub-section 2(F) of Section 3 of the Act.
(ii) In addition to the particulars specified in sub-section 2(F) of Section 3 of the Act, such other particulars as the Board may specify shall be entered in the register.
(iii) In the case of joint holders of any share, their names and ojtigr particulars required by sub-regulation (i) shall be grouped under thtfilame of the first of such joint holders.
(iv) Subject to the proviso of sub-section 2(D) of Sec.3 of the Act, a shareholder resident outside India may furnish to the Bank an address in India, a n d - a^ such address shall be entered in the register and be deemed to be his registered address for the purposes of the Act and these regulations.
1518 THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) [PART III—SEC. 4(v) No notice of any trust, express implied or constructive, shall be entered on the register or be receivable by the Bank.
6. Control over shares and registers - Subject to the provisions of the Act a nd these regulations, and such directions as the Board may issue from time to time, the register shall be kept a nd maintained at the Head Office of Canara Bank and be under the control of the Board and the decision of the Board as to whether or not a person is entitled to be registered as a shareholder in respect of any share shall be final.
7. Parties who may not be registered as shareholder* -
(i) Except as otherwise provided by these regulations, all persons who are not competent to contract shall not be entitled to be registered as shareholder a nd the decision of the Board in this regard shall be conclusive a nd final.
(ii) In case of firms, shares may be registered in the names of the individual partners and no firm, as such, shall be entitled to be registered as a shareholder.
8. Maintenance of share register In computer system, t t c. -
(I) The particulars required to be entered in the share register u n d er sub- section 2(F) of section 3 of the Act, read with those mentioned in Regulation 5, shall be maintained under sub-section 2(G) of section 3 of the Act, in the form of data stored in magnetic/optical/ magneto-optical media by way of diskettes, floppies, cartridges or otherwise (hereinafter referred to as the "media") in computers to be maintained at the Head Office and the back up at such location as may be decided from time to time by the Chairman a nd Managing Director or any other official not below the r a nk of a General Manager designated in this behalf by the Chairman and Managing Director (hereinafter referred to as "the designated official").
(li) Particulars required to be entered in the share register u n d er Sec.3 (B) of the Act read with Section 11 of thx Depositories Act, 1996 shall be maintained in the electronic form in the mannet a nd in the form as prescribed therein.
9. Safeguards for protection of computer system.
(i) The access to the system set out In Regulation 8 (i) In which data is stored
shall be restricted to such persona including Registrars to an issue and/or share
transfer agents as may be authorised in this behalf by the Chairman and
Managing Director or the designated official and the passwords if any, and the
electronic lecurity control l y i t e mi shall be kept confidential under the custody
of the said persons,
(II) The access by the authorised persons ihell be recorded In loe" by the
computer system and iuoh logs shall be preserved with the officials/perrons
designated In this behalf by the Chairman and Managing Director or the
designated official.
PART III—SEC. 4] THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) 1519(ill) Copies of the back-ups shall be taken on removable media at intervals as may be specified from time to time by the Chairman and Managing Director or the designated official, incorporating the changes made in the register of shareholders. At least one of these copies shall be stored in a location other than the premises in which processing is being done. This copy shall be stored in a fireproof environment with locking arrangement and at the requisite temperature. The access to the back-ups in both the locations shall be restricted to persons authorised in this behalf by the Chairman and Managing Director or the designated official. The persons so authorised shail record the access in a manual register kept at the location.
(iv) It shall be the duty of the authorised persons to c ompare the data on the back-ups with that on the computer system by using appropriate software to ensure correctness of the back u p. The result of this operation shall be recorded in the register maintained for the purpose.
(v) It shall be competent for the Chairman and Managing Director, by special or general order, to add or modify the instructions, stipulations in regard to the safeguards to be observed in maintaining the register of the shareholders in the computer system with due regard to the advancement of technology, a n d / or in the exigencies of situation or for any other relevant consideration.
10. Exercise of rights of Joint holders - If any share stands in the names of two or more persons, the person first named in the register shall, as regards voting, teceipt of dividends, service of notices and all or any other matters connected with Canara Bank except the transfer of shares, be deemed to be the sole holder thereof.
1 1. Inspection of register.
(i) The register shall, except when closed u n d er Regulation 12, be open to inspection of any shareholder, free of charge, at the place where it is maintained during business hours subject to such reasonable restrictions as the Board may impose, but so that not less than two hours in each working day shall be allowed for inspection.
(ii) Any shareholder may make extracts of any entry in the register or computer prints free of charge or if he requires a copy or computer prints of the register or any part thereof, the same will be supplied to him on p r e p a y m e nt at the rate of R s . 5 /- for every 100 words or fractional part thereof required to be copied.
(iii) Notwithstanding anything contained in sub-regulation (U), any duly authorised officer of the Government shall have the right to make a copy of any entry in the register or be furnished a copy of the register or any part thereof.
12. Closing of the register.
The Bank may, after giving not less than seven days previous notice by advertisement in at least two newspapers circulating in India, close the register of shareholders for any period or periods not exceeding in the aggregate forty- five days in each year, but not exceeding thirty days at any one time as shall, in its opinion, be necessary.
8—489 GI/20001520 THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) [PART III—SEC. 4
1 3. Share Certificates -
(i) Each share certificate shall bear share certificate number, a distinctive number, the number of shares in respect of whic l it is issued and the name of the shareholder to whom it is issued and it shaJ be in such form as may be specified by the Board.
(ii) Every share certificate shall be issued under the common seal of the Bank in pursuance of a resolution of the Beard and at all be signed by two directors "nd some other officer appointed by the Board for ±t purpose.
Provided that the signature of the directors may be printed, engraved, lithographed or impressed by such other mcchan cal process as the Board may direct.
(iii) A signature so printed, engraved, lithographed or otherwise impressed shall be as valid as a signature in the proper handwriting of the signatory himself.
(iv) No share certificate shall be valid unless and until it is so signed. Share Certificate so signed shall be valid and binding notwithstanding that, before the issue thereof, any person whose signature appears thereon may have ceased to be a person authorised to sign share certificates on behalf of the Bank.
(v) Should the share certificate so prepared contain the signature of an authorised person, as stated in sub- clause (ii) above, who however is dead at the time of issue of the certificate, the Bank may, by a method considered by it as most suitable, cancel the signature of such a person appearing on the certificate and have the signature of any other authorised person affixed to it. The share certificate so issued shall be valid.
14. Issue of share certificates.
(i) While issuing share certificates to any shareholder, it shall be competent for the Board to issue the certificates on the basis of one certificate for every hundred shares or multiples thereof registered in his name on any one occasion and one additional share certificate for the number of shares in excess thereof but which are less than hundred.
(il) If the number of shares to be registered is less than hundred, one certificate shall be issued for all the shares.
(iii) In respect of any share or shares held jointly by several persons, the Bank shall not be bound to issue more than one certificate, and delivery of a certificate for a share to one of several joint holders shall be sufficient delivery to all such holders.
15. Renewal of Share Certificates.
(i) If any share certificate is worn out or defaced, the Board or the Committee designated by it on a production of such certificate may order the same to be cancelled and have a new certificate issued in lieu thereof.
(ii) If any share certificate 13 alleged to be lost or destroyed, the Board or the Committee designated by it on such indemnity with or without surety as the Board or the Committee thinks fit, and on publication in two newspapers and onPAm III—SEC. 41 THE GAZETTE OF INDIA. MARCH 3, 2001 (PHALOUNA 12, 1922) 1521 payment to C a n a ra B a nk of its costs, c h a r g es a nd expenses, a duplicate certificate in lieu thereof may be given to the person entitled to s u ch lost o r) destroyed certificate.
16. Consolidation and tub-division of shares;
On a written application made by the shareholders), the Board or the Committee designated by it may consolidate or sub-divide the shares submitted to it for consolidation/ sub- division as the case may be and issue a new certificate(s) in lieu thereof on payment to the Bank of its costs, charges and expenses of and incidental to the matter.
17. Transfer of Shares:
(i) Every transfer of the shares of the Bank shall be by an instrument of transfer in Form "A" annexed hereto or in such other form as may be approved by the Bank from time to time and shall be duly stamped, dated and executed by or on behalf of the transferor and the transferee along with the relative share certificate.
(ii) The instrument of transfer along with the share certificate shall be submitted to the Bank at its Head Office and the transferor shall be deemed to remain the holder of such shares until the name of the transferee is entered in the share register in respect thereof.
(iii) Upon receipt by the Bank of an instrument of transfer along with a share certificate with a request to register the transfer, the Board or the Committee designated by the Board shall forward the said instrument of transfer along with share certificate to the Registrar and/or Share Transfer Agents for the purposes of verification that the technical requirements are complied with in their entirety. The Registrar and/or Share Transfer Agent shall return the instrument of transfer along with the share certificate if any to the transferee for resubmission unless:
(a) The instrument of transfer is presented to the Bank, duly stamped and properly executed for registration and is accompanied by the certificate of the shares to which it relates and such other evidence as the.Board may require to show the title of the transferor to make such transfer.
(b) The Registrar is satisfied that the transferee is qualified to be registered as a shareholder of the Bank in respect of the shares covered by the instrument of transfer.
(iv) The Board or the Committee designated by the Board shall unless it declines to register the transfer under Regulation 19 hereinafter cause the transfer to be registered.
18. Power to suspend transfers: - The Board or the Committee designated by the Board shall not register any transfer during any pcnod in which the register is closed.
1522 THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) [PART HI—SEC. 419. Boards right to refuse registration of transfer of shares: -
(i) The Board may refuse transfer of any shares in the name of the transferee on any one or more of the following grounds, and on no other grounds: -
(a) The transfer of shares is in contravention of the provisions of the Act or regulations made thereunder or any other law or that any other requirement under the law relating to registration of such transfer h as not been complied with;
(b) the transfer of shares, in the opinion of the Board, is prejudicial to the interests of the Bank or to public interest;
(c) the transfer of shares is prohibited by an order of court, tribunal or any other authority under any law for the time being in force;
(d) an individual or company resident outside India or any company incorporated under any law not in force in India or any branch of such company whether resident outside India or not will on the transfer being allowed hold or acquire as a result thereof, shares of the Bank and such investment in the aggregate will exceed the percentage being more than 20% (twenty) of the paid up capital or as may be specified by the Central Government by notification in the Official Gazette.
Provided however, that the powers of refusal mentioned in sub-regulation (i) (c) above may be exercised by the Committee designated by the Board in this behalf.
(ii) The Board shall, after the instrument of transfer of shares of the Bank is lodged with it for the purpose of registration of such transfer, form its opinion as to whether such registration ought or ought not to be refused on any of the grounds referred to in sub-regulation (i) -
(a) If it has formed the opinion that such registration ought not to be so refused, effect such registration; and
(b) If it has formed the opinion that such registration ought to be refused on anyof the grounds mentioned in sub-regulation (i), intimate the transferor and the transferee by notice in writing within 60 days from the receipt of the transfer form.
20. Transmission of shares in the event of death, Insolvency etc:
(i) The executors or administrators of a deceased shareholder in respect of a share, or the holder of letter of probate or letters of administration with or without the will annexed or a succession certificate issued under Part X of the Indian Succession Act, 1925, or the holder of any legal representation or a person in whose favour a valid instrument of transfer was executed by the deceased sole holder during the latters lifetime shall be the only person who may be recognised by Canara Bank as having any title to such share,
(ii) In the case of shares registered in the name of two or more shareholders, the survivor or survivors and on the death of the last survivor, his executors or administrators or any person who is the holder of letter of probate or letters ofPART III—SEC. 4] THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) 1523 administration with or without will annexed or a succession certificate or any other legal representation in respect of such survivor's interest in the share or a person in whose favour a valid instrument of transfer of share w as executed by such person and such last survivor during the latter's lifetime, shall be the only person who may be recognised by Canara Bank as having any title to such share.
(iii) Canara Bank shall not be found to recognise such ercecutors or administrators unless they shall have obtained probate or letters of administration or succession certificate, as the case may be, from a Court of competent jurisdiction.
Provided, however, that in a case where the Board in it J discretion thinks fit, it shall be lawful for the Board to dispense with the production of letters of probate or letters of administration or succession certificate or such other legal representation, upon such terms as to indemnity or otherwise as it may think fit.
(iv) Any such person becoming entitled to a share in consequence of death of a shareholder and any person becoming entitled to a share in consequence of the insolvency, bankruptcy or liquidation of a shareholder shall upon production of such evidence, as the Board may require, have the right -
(a) to be registered as a shareholder in respect of such share.
(b) to make such transfer of such share as the person from whom he derives title could have made.
2 1. Shareholder ceasing to be qualified for registration - It shall be the duty of any person registered as a shareholder, whether solely or jointly with another or others forthwith upon ceasing to be qualified to be so registered in respect of any share to give intimation thereof to the Board of Directors in this regard.
2 2. Calls on shares - The Board may, from time to time, make such calls as it thinks fit upon the shareholders in respect of all moneys remaining unpaid on the shares held by them, which are by the conditions of allotment not made payable at fixed times, and each shareholder shall pay the amount of every call so made on him to the person and at the time and place appointed by the Board. A call may be payable by instalments.
23. Calls to date from resolution - A call shall be deemed to have been made at the time when the resolution of the Board authorising such call was passed and may be made payable by the shareholders on the register on such date or at the discretion of the Board on such subsequent date as may be fixed by the Board.
24. Notice of call - A notice of not less than thirty days of every call shall be given specifying the time of payment provided that before the time for payment of such call the Board may by notice in writing to the shareholders revoke the same.
25. Extension of time for payment of call - The Board may, from time to time and at its discretion, extend the time fixed for the payment of any call to all or1524 THE GAZETTE OF INDIA, MARCH 3, 20OI (PHALGUNA 12, 1922) [PART III^SEC. 4 any of the shareholders having regard to distance of their residence or some other sufficient cause, but no shareholder shall be entitled to such extension as a matter of right.
26. Liabilities of Joint holdei* - The joint holders of a share shall be jointly and severally liable to pay all calls in respect thereof.
27. Amount payable at fixe 1 time or by Instalments as calls - If by the terms of issue of any share or oi herwise any amount is payable at any fixed time or by instalments at fixed tim;s, every such amount or instalment shall be payable as if it were a call duly made by the Board and of which due notice had been given and all the provisio is herein contained in respect of the calls shall relate to such amount or install lent accordingly.
28. When Interest on call or instalment payable - If the sum payable in respect of any call or instalment is not paid on or before the day appointed for payment thereof, the holder for tlie time being or allottee of the share in respect of which a call shall have been made, or the instalment shall be due, shall pay interest on such sum at such rate as the Board may fix from time to time, from the day appointed for the payment thereof to the time of actual payment, but the Board may at its discretion waive payment of such interest wholly or in part.
29. Non-payment of calls by shareholder • No shareholder shall be entitled to receive any dividend or to exercise any right of a shareholder until he shall have paid all calls for the time being due and payable on every share held by him, whether singly or jointly with any person, together with interest and expenses, as may be levied or charged.
30. Notice on non-payment of call or Instalment - If any shareholder fails to pay the whole or any part of any call or instalment or any money due in respect of any shares either by way of principal or interest on or before the day appointed for the payment of the same, Canara Bank may at any time thereafter during such time as the call or instalment or any part thereof or other moneys remain unpaid or a judgement or decree in respect thereof remains unsatisfied in whole or in part, serve a notice on such shareholder or an the person (if any> entitled to the share by transmission, requiring him to pay such call or instalment or such part thereof or other moneys as remain unpaid together with any interest that may have accrued and all expenses (legal or otherwise) that may have been paid or incurred by Canara Bank by reason of such non-payment.
31. Notice of forfeiture - The notice or forfeiture shall name a day not being less than fourteen days from the date of the notice and the place or places on and at which such call or instalment or such part or other monies and such interest and expenses as aforesaid are to be paid- The notice shall also state that in the event of non-payment on or before the time and at the place appointed, the share in respect of which the -call was made or instalment Is payable will be liable to be forfeited.
32. Shares to be forfeited on default - If the requirements of any such notice as aforesaid are not complied with, any of the shares in respect of which such notice has been given may at any time thereafter for non-payment of ail calls orPART III—SBC. 4] THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) M25
instalments, interest and expenses or the money due in respect thereof, be
forfeited by a resolution of the Board to that effect. Such forfeiture shall include
all dividends declared in respect of the forfeited shares and not actually paid
before the forfeiture.
33. Entry of forfeiture In the register - When any share has bee.n forfeited
under Regulation 32, an entry of the forfeiture with the date thereof shall be
made in the register.
34. Forfeited share to be property of Canara Bank and may b" sold- Any
share so forfeited shall be deemed to be the property of Canara Bank and may
be sold, reallotted or otherwise disposed of to any person upon such terms and
in such manner as the Board may decide.
35, Power to annul forfeiture - The Board may, at any time, before any share
so forfeited under Regulation 32 shall have been sold, reallotted or otherwise
disposed of, annul the forfeiture thereof upon such conditions as it may think
fit.
36. Shareholder liable to pay money owing at th" tlm* of forfsitnr* and
interest - Any shareholder whose shares have been forfeited shall,
notwithstanding the forfeiture, be liable to pay and shall forthwith pay to
Canara Bank all calls, instalments, interest, expenses and other moneys owing
upon or in respect of such shares at the time of forfeiture with interest
thereon from the time of forfeiture until payment at such rate as may
be specified by the Board and the Board may enforce the payment of the
whole or a portion thereof.
37. Partial payment not to preclude forfeiture - Neither a judgement nor a
decree in favour of Canara Bank for calls or other monies due in respect of any
shares nor any payment or satisfaction thereunder nor the receipt by Canara
Bank of a portion of any money which shall be due from any shareholder
from time to time in respect of any shares either by way of principal or interest
nor any indulgence granted by Canara Bank in respect of payment of any
money shall preclude the forfeiture of such shares under these regulations.
38. Forfeiture of share extinguishes all claims against Bank - The forfeiture
of a share shall involve extinction, at the time of the forfeiture, of all interest in
and all claims and demands against the Bank, in respect of the share and all
other rights incidental to the share, except only such of those rights as by
these presents expressly waived.
39. Original shares null and void on sale, re-issue, re-allotment or disposal
on being forfeited - Upon any sale, re-issue, re-allotment or other disposal
under the provisions of the preceding regulations, the certificate(s) originally
issued in respect of the relative shares shall (unless the same shall on
demand by the Bank have been previously surrendered to it by the
defaulting member) stand cancelled and become null and void and of no
effect. The Board shall be entitled to issue a new certificate or certificates in
respect of the said shares to the person or persons entitled thereto.
40. Application of forfeiture provisions - The provisions of these regulations
as to the forfeiture shall apply in the case of non-payment of any sum which
1526 THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) |PARI III—SLC. 4by terms of issue of a share become payable at a fixed time, whether on account of nominal value of the shares or by way of premium as if the same had been payable by virtue of a call duly made.
4 1. Lien on shares -
(i) The Bank shall have a first and paramount lien -
(a) on every share (not being a fully-paid share), for all moneys (whether presently payable or not) called, or payable at a fixed time, in respect of that share;
(b) on all shares (not being fully paid shares) standing registered in the name of a single person, for all moneys presently payable by him or his estate to the Bank.
(c) upon all the shares registered in the name of each person (whether solely or jointly with others) and upon the proceeds of sale thereof for his debts, liabilities, and engagements, solely or jointly with any other person to or with the Bank, whether the period for the payment, fulfillment, or discharge thereof shall have actually arrived or not and no equitable interest in any share shall be recognised by the Bank over its lien.
Provided that the Board of Directors may at any time declare any share to be wholly or in part exempt from the provisions of this clause.
(ii) The Bank's lien, if any, on a share shall extend to all dividends payable thereon.
42. Enforcing lien by sale of shares -
(j) The Bank may sell, in such manner as the Board thinks fit, any shares on which the company has a lien :
(a) if a sum in respect of which the lien exists is presently payable, and (b) after the expiration of fourteen days after a notice in writing stating and demanding payment of such part of the amount in respect of which the lien exists as is presently payable, has been given to the registered holder for the time being of the share or the person entitled thereto by reason of his death or insolvency.
(ii) To give effect to any such sale, the Board may authorise some officer to transfer the shares sold to the purchaser thereof.
43. Application of proceeds of sale of sharer - The net proceeds of any sale of shares under Regulation 42 after deduction of costs of such sale, shall be applied in or towards the satisfaction of the debt or liability in respect whereof the lien exists so far as the same is presently payable and the residue, if any, be paid to the shareholders or the person, if any, entitled by transmission to the shares so sold.
PART III—SEC. 4] THE GAZETTE OP INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) 152744. Certificate of forfeiture - A certificate in writing under the hands of any director, -or any other officer of Canara Bank duly authorised in this behalf, that the call in respect of a shar; was made and that the forfeiture of the share was made by a resolution of the Board to that effect, shall be conclusive evidence of the fact stated therein as against all persons entitled to such shares.
45. Title of purchaser and allottee of fcrfelted share - Canara Bank may receive the consideration, if any, given for the share on any sale, reallotment or other disposition thereof and the pcrrcon to v horn such share is sold, reallotcd or disposed of may be registered as the holder jf the share and shall not be bound to see to the application of the consideration, if any, nor shall his title to the share be affected by any irregularity or invalidity in the proceedings in reference to the forfeiture, sale, reallotment or other disposal of the share and the remedy of any person aggrieved by the sale shall be in damages only and against Canara Bank exclusively.
46. Service of a notice or document to shareholders -
(i) The Bank may serve a notice or a document on any shareholder either personally, or by ordinary post at his registered address or if he has no registered address in India, at the address, if any, within India supplied by him to the Bank for giving of notice to him.
(ii) Where a document or a notice is sent by post, the service of such document or notice shall be deemed to be effected by properly addressing, prepaying and posting a letter containing the document or notice:
Provided that where a shareholder has intimated to the Bank in advance that documents should be sent to him under a certificate of posting or by registered post, with or without acknowledgment due and has deposited with the Bank a sum sufficient to defray the expenses of doing so, service of the document or notice shall not be deemed to be effected unless it is sent in the manner intimated by the shareholder. And such service shall be deemed to have been effected in the case of a notice of a meeting at the expiration of forty eight hours after the letter containing the same is posted, and in any other case, at the time at which the letter would have been delivered in the ordinary course of post.
(iii) A notice or a document advertised in a newspaper widely circulated in India shall be deemed to be duly served on the day on which the advertisement appears on every shareholder of the Bank who has no registered address in India and has not supplied to the Bank an address within India- for giving of notice to him.
(iv) A notice or document may be served by the Bank on the joint holder of a share by effecting service on the joint-holder named first in the register in respect of the share and notice so given shall be sufficient notice to all the holders of the said shares.
9^489 GI/20001528 THE GAZETTE OF INDIA. MARCH 3, 2001 (PHALGUNA 12, 1922) [PART III—SEC. 4 (v) A notice or a document may be served by the Bank on the persons entitled to a share upon death or in consequence of the insolvency of a shareholder by sending it through post in a prepaid letter addressed to them by name, or by the title of representatives of the deceased, or assignees of the insolvent, )r by any like description, at the address, if any, in India supplied for the purpc se by the persons, claiming to be so entitled, or until such an address has been so supplied, by serving the document in any manner in which it might have been served if the death or insolvency had not occurred.
(vl) The signature to any notice to be given by the Canara Bane may be written or printed.
CHAPTER m
SECURITIES OF THE BANK HELD IN A DEPOSITORY
47. Agreement between a depository and tha Bank - The Bank may enter into an agreement with one or more depository to avail of its services in respect of securities issued by the Bank.
48. Agreemeot bstwetn a participant and tha depository
(i) Any participant may enter into an agreement with the depository to act as its agent. The depository with whom the agreement will be entered Into will be one whose services the Bank has agreed to avail of under Regulation 47.
(U) Any shareholder of the Bank may through the participant enter into an agreement with the depository In tha form apaclflsd by such depository for availing its services in respect of securities issued by the Bank.
49. Surrender of cerUfloate of security
(i) Any shareholder or holder of any security of the Bank who has entered Into an agreement under Regulation 48 above, shall surrender the certificate of security in respect of which he seeks to avail the service of a depository to the Bank.
(ill The Bank on receipt of the certificate of security under sub- regulation (i) above, shall cancel the certificate of security and substitute in its record the name of the depository as a registered owner in respect of that security and inform the depository accordingly.
(iii) A depository shall, on receipt of information under sub-regulation (U) aboverenter the name of the person referred to in sub-regulation (I) above! in it9 records as the beneficial owner.
50 Registration of transfer of securities with depository-Every depository shall on receipt of intimation to effect transfer from the Bank register the transfer of securities in the name of the transferee.
PART III—SFC. 4] THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) 15295 1. Option to receive security certificate or to hold the security held
with a depository:
(i) Every person subscribing to securities offered by the Bank, shall have option either to receive security certificate or hold the security with the depositor}.
(ii) When a oerson opts to hold security with the depository the Bank shall intimate s jch depository details of allotment of securities and on receipt of such i lformation, the depository shall enter in its register, name of the allottee E S the beneficial owner of that security.
52. Securities In depository to be in a fungible form - All securities held by the depository shall be dematerialised and shall be in a fungible form.
53. Rights of beneficial owner - The beneficial owner shall be entitled to all the rights and benefits and be subjected to all the liabilities in respect of his securities held by the depository.
54. Register of beneficial owner
(i) Every depository shall maintain a register and an index of beneficial owners in such form as may be prescribed under the Depositories Act, 1996 or by SEBI in respect of securities of the Bank held by the depository.
(ii) The depository shall furnish the Bank at such intervals as may be prescribed by the Bank, an updated copy of the register and index of the beneficial owners maintained by it.
55. Option to opt out in respect of any securities
(i) If the beneficial owner seeks to opt out from the depository in respect of any security, he shall inform the depository accordingly.
(ii) The depository shall on receipt of such intimation under sub- regulation (i) above make appropriate entries in its records and shall inform the Bank.
(iii) The Bank shall within 30 (thirty) days of the receipt of intimation from the depository and on fulfillment of such conditions and on payment of such fees as may be specified in the SEBI Depositories and Participants Regulations 1996 and/or the Depositories Act, 1996, issue a certificate of security to the beneficial owner or the transferee as the case may be.
1530 THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) [PART III—SEC. 4CHAPTER IV
MEETINGS OF SHAREHOLDERS
56. Notice convening an Annual General Meeting
(i) A notice convening an Annual General Meeting of tJ le shareholders signed by the Chairman and Managing Director or Executive Director or any authorised official of Canara Bank shall be published at least twenty-one clear days before the meeting in not less than two daily newspapers having wide circulation in India.
(ii) Every such notice shall state the time, date and place of such meeting, and also the business that shall be transacted at that meeting.
(iii) The time and date of such meeting shall be as specified by the Board. The meeting shall be at the place of Head Office of Canara Bank.
57. Extraordinary General Meeting -
(i) The Chairman & Managing Director or in his absence the Executive Director of the Bank or in his absence any one of the directors of the Bank may convene an Extraordinary General Meeting of shareholders if so directed by the Board, or on a requisition for such a meeting having been received either from the Central Government or from other shareholders holding shares, carrying, in the aggregate, not less than ten percent of the total voting rights of all the shareholders.
(ii) The requisition referred in sub-regulation (i) shall state the purpose for which Extraordinary General Meeting is required to be convened, but may consist of several documents in like form each signed by one or more of the requisitionists.
(iii) Where two or more persons hold any shares jointly, the requisition or a notice calling a meeting, signed by one or more of them shall, for the purpose of this regulation have the same force and effect as if it had been signed by all of them.
(iv) The time, date and place of the Extraordinary General Meeting shall be decided by the Board :
Provided that Extraordinary General Meeting convened on the requisition by the Central Government or other shareholder shall be convened not later than forty-five days of the receipt of the requisition.
PART HI—SEC. 4] THE GAZETTE OF INDIA, MARCH 3, 200' (PHAU3UNA 12, 1922) 1531(v) If the Chairman and the Managing Director or in his absence the Executive Director, aa the case may be, does not convene a meeting as required by sub-regulation (i), within the period stipulated in the proviso to sub- regulation (iv), the meetng may be called by the requisitionists themselves within three months from the date of requisition:
Provided that nothing in this sub-regulation shall be deemed to prevent a meeting duly convened before the expiry of the period of three months aforesaid, from being adjourned to some day after the expiry of that period.
(vi) A meeting called undn- sub-regulation (v) by the requisitionists shall be called in the same manner as nearly as possible as that in which the other general meetings are called by the Board.
58. Quorum of general meeting -
(i) No business shall be transacted at any meeting of the shareholders unless a quorum of at least five shareholders entitled to vote at such meeting in person are present at the commencement of such business.
(ii) If within half an hour after the time appointed for the holding of a meeting, a quorum is not present, in the case of a meeting called by a requisition of shareholders other than the Central Government, the meeting shall stand dissolved.
(iii) In any other case if within half an hour after the time appointed for the holding of a meeting, a quorum is not present, the meeting shall stand • adjourned to the same day in the next week, at the same time and place or to such other day and such other time and place as the Chairman may determine. If at the adjourned meeting a quorum is not present within half an hour from the time appointed for holding the meeting, the shareholders who are present in person or By proxy or by duly authorised representative at such adjourned meeting shall be quorum and may transact the business for which the meeting was called:
Provided that no Annual General Meeting shall be adjourned to a date later than the date within which such Annual General Meeting shall be held in terms of Section 10A (l)-of the Act and if adjournment of the meeting to the same day in the following week would have this effect, the Annual General Meeting shall not be adjourned but the business of the meeting shall be commenced within one hour from the time appointed for the meeting if the quorum is present or immediately after the expiry of one hour from that time and those shareholders who are present in person or by proxy or by duly authorised representative at such time shall form the quorum.
1532 THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) [PART III—SEC. 439. Chairman at general meeting -
(i) The Chairman and Managing Director or in his absence, the Executive Director or in his absence such one of the directors as may be generally or in relation to particular meeting be authorised by the Chairman and Managing Director or in his absence, the Executive Director in this behalf, shall be the Chairman of the Meeting and if the Chairman and the Managing Director or the Executive Director or any other director authorised in this behalf is not present, the meeting may elect any other director present to be the Chairman of the Meeting.
(ii) The Chairman of the General Meeting shall regulate the procedure at General Meetings and in particular shall have power to decide the order in which the shareholders may address the meetings to fix a time limit for speeches, to apply the closure, when in his opinion, any matter has been sufficiently discussed and to adjourn the meeting.
60. Persona entitled to attend general meetings -
(i) All directors and all shareholders of Canara Bank shall, subject to the provisions of sub- regulation (ii), be entitled to attend a general meeting.
(ii) A shareholder (not being the Central Government) or a director, attending a General Meeting shall for the purpose of identification and to determine his voting rights, be required to sign and deliver to the Bank a form to be specified by the Chairman containing particulars relating to -
(a) his full name and registered address;
(b) the distinctive numbers of his shares;
(c) whether he is entitled to vote and the number of votes to which he is entitled in person or by proxy or as a duly authorised representative.
61. Voting at General Meetings -
(i) At any general meeting, a resolution put to the vote of the meeting shall, unless a poll is demanded be decided on a show of hands.
(ii) Save as otherwise provided in the Act every matter submitted to a General Meeting shall be decided by majority of votes.
(iii) Unless a poll is demanded under sub-regulation (i), a declaration by the Chairman of the meeting that a resolution on show of hands has or has not been carried either unanimously or by a particular majority and'an entry to that effect in the books containing the minutes of the proceedings, shall bePART III—SEC. 4] THE GAZETTE OF INDIA, MARCH 3, 2801 (PHALGUNA 12, 1922) 1533
conclusive evidence of the fact, without proof of the number of proportion of
the votes cast in favour of, or against, such resolution.
(iv) Before or on the declaration of the result of the voting on any resolution on
a show of hands, a poll may be ordered to be taken by the Chairman of the
meeting of his own motion, and shall be ordered to be taken by him on a
demand made in that behalf by any shiire holder or shareholders present in
person or by proxy and holding shares in Canara Bank which confer a power
to vote on the resolution not being le is than one fifth of the total voting
power in respect of the resolution.
(v) The demand for a poll may be withdi awn at any time by the person or
persons who made the demand.
(vi) A poll demanded on a question of adjournment or election of
Chairman of the meeting shall be taken forthwith.
(vii) A poll demanded on any other question shall be taken at such time
not being later than forty-eight hours from the time when the demand
was made, as the Chairman of the meeting may direct.
(vlii) The decision of the Chairman of the meeting as to the qualification of
any person to vote, and also In the case of poll, as to the number of
votes any person is competent to exercise shall be final.
63. Minutes of general meetings
(i) Canara Bank shall cause the minutes of all proceedings to be maintained
in the books kept for the purpose,
(il) Any such minutes, if purporting to be signed by the Chairman of the
meeting at which the proceedings were held, or by the Chairman of the
next succeeding meeting, shall be evidence of the proceedings.
(iii) Until the contrary is proved, every general meeting In respect of
the proceedings hereof minutes have been so made shall be deemed to
have been duly called and held, and all proceedings held thereat to
have been duly held.
CHAPTER V
ELECTION OF DIRECTORS
63. Directors to be elected at general meeting
(i) A director under clause (1) of sub-section (3) of section 9 of the Act shall be elected by the shareholders on the register, other than the Central Government, from amongst themselves in the general meeting of Canara Bank.
(ii) Where an election of a director is to be held at any general meeting, the notice thereof shall be included in the notice convening the meeting.
1534 THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) [PART III—SEC. 4Every such notice shall specify the number of directors to be elected
and the particulars of vacancies in respect of which the election is to be
held.
64. List of shareholders
(i) For thr purpose of Hcetion of a director under sub- regulation (i) of
Regulation 63 of these regulation!*, a list shall be pit:pared of
shareholders of the register by whom the direc or is. to be elected.
(ii) The list shall contain the names of the shai ^holders, their registered
addresses, the number and denoting numbers of shares held by them
with the dates on which the shajres were reg stered and the number of
votes to which they will be entitled on the ddte fixed for the meeting at
which the election will take place and copies df the list shall be available
for purchase at least three weeks before the date fixed for the meeting at
a price to be fixed by the Board or the Management Committee, on
application at the Head Office.
65. Nomination of candidates for election
(i) No nomination of a candidate for election as a director shall be
valid unless,
(a) he is a shareholder holding 100 shares in Canara Bank;
(b) he is on the last date for receipt of nomination, not disqualified to be
a director under the Act or under the Scheme;
(c) he has paid all calls in respect of the shares of the Bank held by him,
whether alone or jointly with others, on or before the last date fixed for the
payment of the call;
(d) the nomination is in writing signed by at least one hundred
shareholders entitled to elect directors under the Act or by their
duly constituted attorney, provided that a nomination by shareholder
who is a company may be made by a resolution of the directors of the
said company and where it is so made, a copy of the resolution
certified to be a true copy by the Chairman of the meeting at which
it was passed shall be despatched to the Head Office of Canara
Bank and such copy shall be deemed to be a nomination on behalf of
such company;
(e) the nomination accompanies or contains a declaration signed by the
candidate before a Judge, Magistrate, Registrar or Sub-registrar of
Assurances or other Gazetted officer or an officer of the Reserve Bank
of India or any nationalised Bank, that he accepts the nomination and
is willing to stand for election, and that he is not disqualified either
under the Act or the Scheme or these regulations from being a director.
(ii) No nomination shall be valid unless it is received with all the connected
documents complete in all respects and received, at the Head Office of
PART III—SEC. 4] THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) 1535Canara Bank on a working day not less than fourteen days before the date fixed for meeting.
66. Scrutiny of nominations
(i) Norninations shall be scrutinised on the first working day following the date fixed for receipt of, (he norninations and in case any nomination is not found to be valid, "he same shall be rejected after recording the reason therefor. If there s only one valid nomination for any particular vacancy to be filled by electir n, the candidate so nominated shall be deemed to be elected forthwith and his name and address shall be published as so elected. In such an event there shall not be any election at the meeting convened for the purpose and if the meeting had been called solely for the purpose of the aforesaid election, it shall stand cancelled.
(ii) In the event of an election being held, if valid nominations are more than the number of directors to be elected, the candidate polling the majority of votes shall be deemed to have been elected.
(iii) A director elected to fill an existing vacancy shall be deemed to have assumed office from the date following that on which he is, or is deemed to be elected.
67. Election disputes
(i) If any doubt or dispute shall arise as to the qualification or disqualification of a person deemed, or declared to be elected, or as to the validity of the election of a director, any person interested, being a candidate or shareholder entitled to vote at such election, may, within seven days of the date of the declaration of the result of such election, give intimation in writing thereof to the Chairman and Managing Director of Canara Bank and shall in the said intimation give full particulars of the ground upon which he doubts or disputes the validity of the election.
(ii) On receipt of an intimation under sub-regulation (i), the Chairman and Managing Director or in his absence, the Executive Director of Canara Bank shall forthwith refer such doubt or dispute for the decision of a Committee consisting of the Chairman and Managing Director or in his absence, the Executive Director and any two of the directors nominated under clauses (b) and (c) of sub-section (3) of Section 9 of the Act.
(iii) The Committee referred to in sub-regulation (ii) shall make such enquiry as it deems necessary and if it finds that the election was a valid election, it shall confirm the declared result of the election or, if it finds that the election was not a valid election, it shall, within 30 days of the commencement of the enquiry, make such order and give such directions including the holding of a fresh election as shall in the circumstances appear just to the Committee.
(iv) An order and direction of such Committee in pursuance of this regulation shall be conclusive.
10—489 GI/20001536 THE GAZETTJE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) [PART HI—SEC. 4
CHAPTER VI
VOTING RIGHTS OF SHAREHOLDERS
68. Determination of voting rights -
(i) Subject to the provisions contained in section 3 (2E) of the Act, each shareholder who has been registered as a shareholder on the date of closure of the register prior to the date of a general meeting shall, at such meeting, have one vote on show of hands and In case of a poll shall have one vote for each share held by him.
(li) Subject to the provisions contained in Section 3 (2EJ of the Act, every shareholder entitled to vote as aforesaid who,, not being a company, is present in person or by proxy or who being a company is present by a duly authorised representative, or by proxy shall have one vote on a show of hands and in case of a poll shall have one vote for each share held by him as stated hereinabove in sub- regulation (i).
Explanation - For this chapter, "company means any body corporate.
(iii) Shareholders of the Bank entitled to attend and vote at a general meeting shall be entitled to appoint another person (whether a shareholder or not) as his proxy to attend and vote instead of himself; but a proxy so appointed shall not have any right to speak at the meeting.
69. Voting by duly authorised re pro tentative -
(i) A shareholder, being the Central Government or a company, may by a resolution, as the case may be, authorise any of its officials or any other person to act as its representative at any general meeting of the shareholders and the person so authorised (referred to as a. "duly authorised representative" in these regulations) .shall be entitled to exercise the same powers on behalf of the Central Government or company which he represents, as if he were an individual shareholder of Canara Bank. The authorisation so given may be in favour of two persons in the alternative and in such a case any one of such persons may act as the duly authorised representative of the Central Government/company.
(ii) Jfo person shall attend or vote at any meeting of the shareholders of Canara Bank as the duly authorised representative of a company unless a copy of the resolution appointing him as a duly authorised representative certified to be a true copy by the Chairman of the meeting at which it was passed shall have been deposited at the Head Office of the Canara Bank not less than four days.before the date fixed for the meeting.
70. Proxies
(i) No instrument of proxy shall be valid unless, in the case of an individual shareholder, it is signed by him or by his attorney duly authorised in writing, or in the case of joint holders, it is signed by the shareholder first named in the register or his attorney duly authorised in writing or in thePAKT III—SEC. 4] THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) 1537 case of the body corporate signed by its officer or an attorney duly authorised in writing:
provided that an instrument of proxy shall be sufficiently signed by any shareholder, who is, for any reason, unable to write his name, if his mark is affixed thereto and attested by a J u d g e, Magistrate, Registrar or Sub-Registrar of Assurances or other Government gazetted officer or an O licer of the C a n a ra Bank.
(ii) No proxy shall be valid unless it Is duly stamped and a copy thereof di posited at the Head Office of Canara Bank not less t h an four days before tl e date fixed for the meeting, together with the power of attorney or ot her authority (if any) u n d er which it is signed or a copy of that power of attorney or other authority certified as a true copy by a Notary Public or a Magistrate u n l e ss s u ch a power of attorney or the other authority is previously deposited a nd registered with Canara Bank.
(iii) No instrument of proxy shall be valid unless it is in Form "B".
(Iv) An instrument of proxy deposited with Canara Bank shall be irrevocable and final.
(v) In the case of an instrument of proxy granted in favour of two grantees in the alternative, not more than one form shall be executed.
(vi) The grantor of an instrument of proxy u n d er this regulation shall not be entitled to vote in person at the meeting to which such instrument relates.
(vii) No person shall be appointed as duly authorised representative or a proxy who is an officer or an employee of Canara Bank.
1538 THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) [PART IH—SEC. 4FORM *A'
SHARE TRANSFER FORM
(See sub-regulation (i) of Regulation 17)
FOR THE CONSIDERATION stated below the "Transferor(s)11 named do hereby transfer to the hTransferee(s}" named, the shares specified below subject to the conditions on which the said shares are now held by the Transferor(s) and the Transferee(s) do hereby agree to accept and hold the said shares subject to the condition aforesaid.
Full name of Company Name of the recognised Stock Exchange, where dealt in, if any,
| Description of Equity shares |
| No in Number in Consideration Consideration words Figures (in figures) (in words) |
| Distinctive From Numbers To |
Corresponding Certificate Nos.
Regd
Folio No. Signature(s)
Transferor(s) [Seller(s)| particulars
Name (s) in full
ikRT III—SEC. 4] THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12. 1922) 15391 ATTESTATION
Signature of witness I hereby attest the signature of the Transferor (s) herein mentioned
Signature
Name
Name and address of witness Address / seal
PIN ." 'ransferee(s) [Buyer(s)] Particulars
lame (s) in full 1 2 3
Signature (s) 1 2 3
| Address Occupation Father's / H u s b a n d ' s Name |
| 1. |
| 2. |
| 3. |
Value of Stamps affixed Rs
Transferee(s) existing folio if any, in same order of Names
Dated thia day of two t h o u s a nd Place .
For office u ie only
Checked by
Folio Company Code
Signature tallied by
Specimen 1
Signature(s) 2
of Transfer- 3
ee (s)
Entered in Register of Transfer- No1540 THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALOUNA 12, 1922) [PART III—SEC. 4 Instructions for attestation ::
Attestation, where requir ;d (thumb impressions, marks, signature difference etc.) should be done by a Magistrate, Notary Public or Special Executive Magistrate or a similar authority holding a Public Office and authorised to use the seal of his office e ra member of a recognised Stock Exchange through whom the shares are intr xluced or a manager of the transferor's Bank.
NOTE :: Names must )e rubber stamped preferably in a straight line. Chronological order shou d be maintained. Broker's clearing number should be stated when delivery is jiven by a Clearing Member Bank.
Date
Name of delivering Broker or Clearing Member
POWER OF ATTORNEY / PROBATE / DEATH CERTIFICATE /LETTERS OF ADMINISTRATION
Registered with the Company No Date
Signature (not initials) of broker, bank, company or Stock Exchange or clearing house. Lodged by: Full address:
SHARE CERTIFICATE TO BE RETURNED TO : (Fill in the name and address to which the certificates are required to be returned)
Name and Address:
Share Transfer Stamps.
PAKT III—SEC. 4] THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALOUNA 12, 1922) 1541FORM *B'
FORM OF PROXY
(See sub-regulation (iii) of Regulation 70)
Folio No. _____
(to be filled in-by the shareholder)
, resident of
in the district of in the I / We, resident of State of being a shareholder / share holders of the Canara Bank hereby appoint Shri in the. district of. , in the State of or failing him, Shri resident of .: • , in the district of in the State of as my / our proxy to vote for me / us and on my / our behalf at the meeting of the shareholders of the Canara Bank to be held on the day of 20... and at any adjournment thereof.
Signed this day of 20...
Name Address Affix revenue
stamp1542 THE GAZETTE OF INDIA. M A R CH 3,2001 (PHALGUNA 12, 1922) [PART III-SBC. 4
HEAD OFFICE tI BANGALORE
CORRIGENDUM TO THE CANARA BANK OFFICERS' SERVICE REGULATIONS 1979 NOTIFIED IN THE OFFICIAL 6AZETTE OF INDIA, DATED. NOVEMBER 13,1999:
Regulation 23(ii'i)(B> - for the letters and figures "Ra. 350/*" occurring at both tha places in first and second proviso, the letters and figures "R*s.5Q/ = " had been ra"pectiv"Xy substi tuted u
- may be read as
- for the lettara and figures "R.s.35O/ = " occurring at both the places in first and second proviso, the letters and f iguras "Rs.300/e" had b"sen re-spectively
B.V. KAMATH GENERAL MANGERP A^ m—SEC. 4] THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALOUNA 12, 1922) 1543
DATE: 16.01.2001
No.IRS: 124(B):7441 :NAK: In exercise of powers conferred by Section 19 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) and in siipercession of the Canara Bank Officer Employees' (Acceptance Of Jobs in Private Sector Concerns After Retirement) Regulations, 1979 and as amended vide Notification No.IRS 1 1615 DRD dated 18.07.1995, the Board of Directors of the Canara Bank in consultation with the Reserve Bank of India and with the previous approval of the Central Government hereby makes the following Regulations, namely -
1. SHORT TITLE AND COMMENCEMENT:
1. These Regulations may be called Canara Bank Officer Employees' (Acceptance of Jobs in Private Sector Concerns after Retirement) Regulations, 2001.
2. These Regulations shall come into force from the date of their publication the official Gazette.
2. APPLICATION:
These Regulations shall apply to all Officer Employees of the bank except:-
(i) Chairman of the Bank; (ii) Managing Director of the Bank; (iii) Whole time Director, if any; (iv) Officer Employees covered under the Bank's (Employees) Pension Regulations, 1995,
(v) Those who are in casual employment or paid from contingency; (vi) The Award Staff; (vii) Officers on contract
l l ^ R 9 G I / 2 0 001544 THE GAZETTE OF INDIA. MARCH 3, 2001 fPHALGUNA 12. 1922) FPART III—SEC. 4
3. DEFINITION:-
In these Regulations unless the context otherwise requires:-
(a) 'Bank' means Canara Bank; (b) 'Board' means the Board of Directors of the Canara Bank; (c) 'Competent Authority' means the authority empowered by the Board for the purpose of these regulations;
(d) 'Employment in private concerns' means:-
(i) an employment in any capacity including that of an agent, under a company (including a banking company), co-operative society, firm or individual engaged in trading, commercial, industrial, financial or professional business and includes also a directorship of such company (including a banking company) and partnership of such firm, but does not include employment under a body corporate, wholly or substantially owned or controlled by the Central Government or a State Government;
(ii) setting up practice, either independently or as a partner of a firm, as adviser or consultant in matters in respect which the person;-
(a) has no professional qualifications and the matters in respect of which the practice is to be set up or is carried on are relatable to his official knowledge or experience, or
(b) has professional qualifications but the matters in respect of which such practice is to be set up are such as are likely to give his clients an unfair advantage by reason of his previous official position, or
(c) has to undertake work involving liaison or contact with the offices or officers of the bank.
EXPLANATION:- For the purpose of this clause, the expression "employment under a co-operative society" includes holding of any office, whether the elective or otherwise, such as that of President, Chairman, Secretary, Treasurer and the like, by whatever name called in such society.
(e) 'Officer employee' means a person who has held a supervisory, administrative or managerial post in the bank or any other person who was appointed and/or has functioned as an officer of the bank at the time of his retirement by whatever designation called.
4. ACCEPTANCE OF EMPLOYMENT AFTER RETIREMENT:-
(1) If a person who immediately before his retirement was holding the post of an officer employee and wishes to accept any job in private concern before the expiry of two years from the date of his retirement, he shall obtain the previous sanction of the bank to such acceptance.
PART HI—SEC. 41 THE GAZETTE OF INDIA. MARCH 3. 2001 (PHALGUNA 12. 1922) 1545(2) Subject to the provision of sub regulation (3), the bank may by order, in writing, on the application by a person, grant, subject to such conditions, if any, as it may deem necessary, permission, or refuse, for reasons to be recorded in the order, permission to such person to take up the job in private concern specified in the application.
(3) In granting or refusing permission under sub regulation (2) to a person for taking up any commercial employment the bank shall have regard the following factors, namely :-
(a) the nature of the employment proposed to be taken up and the antecedents of the employer;
(b) whether his duties in the employment which he proposes to take up might be such as to bring him into conflict with the bank;
(c) whether the officer employee while in service had any such dealing with the employer under whom he proposes to take employment as it might afford a reasonable basis for the suspicion that such person had shown favours to such employer;
(d) whether the duties of the commercial employment proposed involve liaison or contact work with bank;
(e) whether his commercial duties will be such that his previous official position or knowledge or experience under bank could be used to give the proposed employer an unfair advantage;
(f) the emoluments offered by the proposed employer; and (g) any other relevant factor.
(4) Where within a period of sixty days of the date of receipt of an application under sub-regulation (2), the bank does not refuse to grant the permission applied for or does not communicate the refusal to the applicant, the bank shall be deemed to have granted the permission applied for;
Provided that in any case where defective or insufficient information is furnished
by the applicant and it becomes necessary for the bank to seek further
clarifications or information from him, the period of sixty days shall be counted
from the date on which the defects have been removed or complete information
has been furnished by the applicant.
(5) Where the bank grants the permission applied for subject to any conditions or refuses such permission, the applicant may, within thirty days of the receipt of the order of the bank to that effect, make a representation against any such condition or refusal and the bank may make such orders thereon as it deems fit;
1546 THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) [PART IU—SEC. 4Provided that no order other than an order canceling such condition or granting
such permission without any conditions shall be made under this sub-regulation
without giving the person making the representation an opportunity to show cause
against the order proposed to be made.
(6) Every order passed by the Bank under this Regulation shall be communicated to the person concerned.
(N. S. SRBVATH)
ASSISTANT GENERAL MANAGERPART III—SEC. 4] THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALOUNA 12, 1922) 1547
Ministry of Defence
Cantonment Board, Dehra Dun Cantonment
Notification
Dehra Dun Cantt, the 22 January 2001
S.R.O. NO. Ix/60/Toll Tax/ - WHEREAS a public notice to
amand the notification of the Government of India in thf
Ministry of Dsfence number SRO/lx/60/Toll Tax/142 dated, the
20th May, 1989 was published on the 26th May, 2000 by affixing
a copy thereof In a conspicuous part of the Office of the
Cantonment Board, Dehra Dun, as required by section 61 of the
Cantonments Act, 1924 (2 of 1924) inviting objections and
suggestions from all persons likely to be affected thereby
t i ll the expiry of a period of thirty days from the date of
publication of the said notice;
AND WHEREAS, no objections or suggestions w*re received
from the public by the Cantonment Board, Dehra Dun;
NOW, THEREFORE, in exercise of the powers conferred by
section 60 of the Cantonments Act, 1924, the Cantonment Board,
Dehra Dun, with the previous sanction of the Central Government
hereby makes the following amendment in the said notification,
namely;
In the said notification, for the existing Schedule and
the entries relating thereto, the following Schedule and entries
shall be substituted, namely t-
1548 THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) [PART III—SEC. 4"SCHEDULE
SL.NC
). NAME OF ARTICLES RATES OF TOLL TAX
2
1
3
b 10.00
Laden Truck (upto 3 metric ton) 1.
Ea 20.00
2. Laden Truck (upto 6 metric ton) Gt 30*00
Laden Truck (above 6 upto 10 metric ton)
3.
4. Laden Tempo (3 or 4 Wheeler) Laden Station Wagon
5.
Motor Bus (Laden with goods or Passengers)
6.
7. Tractor Laden with goods 8. Tractor Trallor Laden with goods or Passengers
Car/Jeep Laden with goods 9.
1 0. Scooter Rickshow Laden with goods to 10.00
Rs 10.00
Rs 20.00
to 10.00
Rs 20.00
Us 10.00
to 05.00
Ss 15.00
Jeep with Trailor Laden with goods 1 1.
Punjabi Cart Laden with goods 1 2.
to 10.00
Rs 10.00
Jhota Thela with on* Jhota Laden with goods
1 3.
Jhota Thela with two Jhota Laden with goods
1 4.
Rs 15.00
Us 05.00
Laden Bullock Cart with one Bullock
1 5.
Bs 10.00
Laden Bullock Cart with two Bullocks
16*
fis 05.00
1 7. Laden Tonga/Bug hi
Laden hand Cart driven by man 1 8.
Rs 05.00
i.'s 05.00
Tricycle and Rehri (Laden) 1 9.
Rs 05.00
2 0. Horse, Pony (Animal Load) Motor Cycle,Scooter,Laden with goods
2 1.
2 2.
Ks 05.00
Rs 10.00
23*
Rs 15.00
Mini Bus (upto 16 seater) Laden with Passengers or goods Mini Bus upto 26 seater) Laden with Passengers or goods
Hs 05.00
Bikram Laden with goods 2 4.
2 5.
Is 10.00
Tractor/Commander/Tata Mobile Laden with goods or Passengers
NOTE i Trucks having a capacity over 10 metric tons shall
be charged Ks 3 /- extra for every additional metric
tonnage namely, F.s 30/- plus additional charges".
CAl.TUiJ^EWT bXECUTJJrtTOFFiCSV^ •PART III—SEC. 4] THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) 1549
MEDICAL COUNCIL OF INDIA
CORRIGENDUM
No. MCI-18(l)/2000-Med. - Corrigendum to the Postgraduate Medical Education Regulations,2000 (published in the Gazette of India Part HI Section 4 dated the 7th October,2000).
Page 4421 Lines 1 to 9 Foj the existing entries including the long title, read the
following:-
"MEDICAL COUNCIL OF INDIA POSTGRADUATE MEDICAL EDUCATION REGULATIONS,2000
NEW DELHI DATED THE 2 2ND AUGUST,2000.
No.MCI-18(l)/2000-Med./ In exercise of the powers conferred by section 33, read with section 20 of the Indian Medical Council Act, 1956 (102 of 1956), the Medical Council of India, with the previous sanction of the Central Govt. hereby makes the following regulations, namely:-"
(Dr.M.Sachdeva) Secretary.
1550 THE GAZETTE OF INDIA, MARCH 3, 2001 (PHALGUNA 12, 1922) [PART III—SEC. 4EMPLC/EES ' _STATE INSURE CJ CORPORATION
]>TEW DELHI d a t ed tHe 1-^2-- "Lc~+\ No. H - 1 V 1WM / 9 5 -MP
x In ^ ^^
of powers conferred by Section 46(2) of the Employees' S t a te insurance Act, 1948 (34 of 1948), read with Regulation 95-A l of the Employees' State Insurance(General)Regulations, 1950,
the Director General has fixed the 1st February, 2001 a3 the date from which the medical benefits as laid down in the said Regulation 95-A and the Andhra Pradesh
Employees' State Insurance(Medical Benefit) Rules, 19 55,
shall be extended to the familicr of insured persons in the following area in the State of Andhra Pradesh namely "All the areas f a l l i ng in the Revenue Villages of