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Extraordinary Gazette of India · Government of India

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Published 10 June 1975

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E-1244-1975-0154-54800
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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 154] NEW DELHI, TUESDAY, JUNE 10, 1975/JYAISTHA 20, 1897

Separate paging to given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

(Department of Company Affairs)

NOTIFICATION

New Delhi, the 9th June 1975

G.S.R. 327(E).—In exercise of the powers conferred by clauses (a) and (b) of sub-

section (1) of section 647 of the Companies Act, 1956 (1 of 1956) and all other powers

hereunto enabling, the Central Government hereby makes the following rules further la

amend the Companies (Central Government's) General Rules and Forms, 1956, namely:—

1. These rules may be called the Companies (Central Government's) General Rules

and Forms (Amendment) Rules, 1975.

2. In Annexure 'A' to the Companies (Central Government's) General Rules and

Forms, 1956,—

(i) Form No. 23.A shall be renumbered as Form No. 23-AA and before the

Form as so renumbered the following Form shall be inserted, namely:—

FORM NO. 23-A

Registration No. of company

Nominal Capital Rs

Paid-up Capital Rs

THE COMPANIES ACT, 1956

Form of application to the Central Government for obtaining the previous approval for

appointment/continuance of former managing agent or secretaries and

treasurers, pursuant to Section 204A (1)

1. (a) Name of Company.

(b) Address of its registered office;

(c) Address of the principal office if it is other than the registered office;

(d) Branches at

(128l)

1282 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

2. (a) Management structure (full list of directors/Managing Dircctors/Mauaucr/ Secretary with particulars of other directorships, if any, held by them).

(b) Details of the existing Capital Structure.

(c) Turnover (for each of the last three financial years). (d) Net profits (for each of the last three financial years).

3. (a) The proposal for which Central Government's approval is sought including particulars of remuneration payable and the reasons therefor,

(b) In case of appointment existing as on the dat" of commencement of the Compa- niet (Amendment) Act, 1974, particulars of remuneration payable as on the laid date.

4. If the proposal is for appointment of tormer managing agents or secretaries and treasurers,—

(i) name and status (whether individual, firm or body corporate) of the former managing agents or secretaries and treasurers of the company and busin.si being carried on by them.

(ii) (a) In t'.ie case of a body corporate, name of the director* (including managing directors and wholetime directors, if any),

(b) in ths case of a firm, namei of partners.

5. Particulars of remuneration paid to managing agents or secretaries and treasurer* during th; last year of appoin*ment as such und r the company and copy of relMinl approval of the Central Government for the said remuneration,

6. If the proposal is for 'appointment of an associate of former managing agents or fecretaries and treasurers,

(a) name and status of such associate and business carried on by the said associate.

(b) (1) In case of body corporate, name of the director* (including managing director and wholetime directors, if any).

(ii) In case of firm, name* of partners:

(c) the date since wh'-n the relationship of assoclatt to th" managing agents or secretaries and treasurers existed (bringing out the rftture of the association).

7. Name of the office- i.e. consultant, adviser, etc.

8 Nature of services to be rendered and justification for such appointment or continuance.

9. Age, qualifications and experience. 10. Has the proposal been Approved bv ttie company in general meeting; if so, on" copy of the resolution passed should bo famished.

11. Declaration.

I/we solemnly declare that facts stated In this application are true to tho best of my/ our knowledge, information and belief. Dated

Signature

fay of 19 - Designation

(ii) after Form No. 24, the following Forms shall be inserted, namely:—

FORM N O. 2 4 -A

Registration No. of company Nominal Capital Rs Paid-up capital Rs

THE COMPANIES ACT, 1956

Form of application to the Central Government fnr obtaining the previous approval for

rnfrlnR Into contracts with the company for the sa'e, purchase, or s"p"!y

of >;ny goods materials or services, pursuant to proviso to section 297(1)

1. (a) Name of Company. (b) Address of its registered Office:

Src. 3(i)] THE GAZETTE OF INDIA EXTRAORDINARY 1283

(c) Address of the principal office if il is other than the registered office: (d) Branches at

2. (a) Management structure (full list of directors/Managing Directors/Manager/Sccre- tary with particulars of otVier diiectorships, if any, held by them).

(b) Details of the existing Capital Structure: (c) Turnover (.'or each of the last three financial years).

(d) Net profits (for each of last three financial years).

3. (a^ The proposal for which Central Government's approval Is sought and the reasons therefor.

(W Particulars of the contract to be entered into (copy of agreement, if any, to be furnished).

(c) Whether the terms of contract conform to prevailing market rates.

4. Whether th* company has entered into any contract with any other person in respect of sale, purchase, or supply of the same kind of goods, materials or services and whether the terms of suc'i contract is similar to the t-rms of the proposed contract(s). Reasons for variation in rates, if any, should be indicated.

5. Whether t rr proposed contract(s) has/lnve been approved by the Board of Director*} if so, a copy of the resolution passed should be attached.

6. D:c1aration

I/we solemnly declare that rtie facts stnWl In this application are troc to the bell of my/our knowledge, information land belief.

Signature

Dated

FORM N O. 24-B

Registration No. of company Nominal Capital R" Paid-up Capital Rs

THE COMPANIES ACT, 1956 Form nf application to the Central Government for obtaining prior consent for tht holding by certain person*, of any office or nlnre of, profit in a company, pursuant to Section 314(lfl)

1. (a) Name of Company. (b) Address of its registered office: (c) Address of the principal office if it is other than the registered office; (d) Branches at

2 fai Mimcem^nf structure (full list of directors/Mnnagin" Pirectors/Manager/ Secr'tarry with particulars of other dircctorsh'ps, if any, held by them).

(b) Details of t'le existing capital structure. (c) Turnover (for each of th: last three financial years), (d) Net profits (for each of last three financial years):

3. (a) The proposal for which th? Central Government's approval is sought. fb) Tern1"; of anpnintmcnt/propcs"d "nro'ntment includ'nn the remuneration payable (Remuneration to include salary, commission, perquisites, etc.).

(c) Relationship to any director oi manager, and the name of the interested director/ manager.

(d) Nature of services to be render-d. (e) Tn ense of fin apnnintfient ex'stim on t1i" commencement of tho Companies (Am-ndm-nO Act 1974, the d?l - "'

(f) Age, Qualifications and experience of th; person proposed to bo appoint-d

1284 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SBC. 3(i)]

4. If the proposal is for appointment to any office or place of profit—

(a) of a private company, names of the- directors including managing or wholetimo director or manager as th; case may be, of such company.

(b) of a partner;.'.)ip firm, the names of partners thereof,

5. The extent of benefits accruing to the directors, manager or relatives of such direc- tor"/manager as the casi may be, of the applicant company if tho person is appointed.

6. Number of other employees who are in receipt of not less than three thousand rupees together with the following particulars:—

(a) Designation and/or nature of .employment of tSio employee (b) Remuneration received,

(c) Date of commencement of employment. (d) Relationship, if any, with directors).

7. Whether any relative of the employee/proposed employee is in receipt of monthly remuneration and if so, the 'amount thereof.

8. Whether the proposal has been approved by tho company in General Meeting; If to, one copy of the resolution passed should be (furnished.

9. Declaration

I/we solemnly declare that facts stated in this application arc true to the best of my/ our knowledgei information and belief.

Dated

Signature

day of 19 Designation

[No. F. 5/1/75-CL-VJ

p. B, MENON, Jt. Secy.

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NKW DELHI AMD PUBLISHED BY TH1 CONTROLLER OF PUBLICATIONS. DELHI, 1 8 75

Cite this issue. Extraordinary Gazette of India, Government of India, 10 June 1975. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1975-06-10.E-1244-1975-0154-54800/. Archive identifier in.gazette.csl_extraordinary.1975-06-10.E-1244-1975-0154-54800.