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Extraordinary Gazette of India · Government of India

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Published 26 July 1975

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E-1245-1975-0211-54850
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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. 211 ] NEW DELHI, SATURDAY, JULY 26, 1975/SRAVANA 4, 1897

Separate paging is 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 Affaire)

NOTIFICATION

New Delhi, the 24th July 1975

G.S.R. 427(E).—In exercise of the powers conferred by sub-section (3) of Section 205A, read with clause (a) of sub-section (I) of Section 642, of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following rules namely :—

1. Short title.—These rules may be called the Companies (Declaration of Dividend out of Reserves) Rules, 1975.

2. Declaration of Dividend out of Reserves.—In the event of inadequacy or absence of profits in any year, dividend may be declared by a company for that year out of the accumulated profits earned by it in previous years and transferred by it to the reserves, subject to the conditions that—

(i) the rate of the dividend declared shall not exceed the average of the rates at which dividend was declared by it in the five years immediately preceding that year or ten per cent of its paid up capital, whichever is less;

(ii) the total amount to be drawn from the accumulated profits earned in previous years and transferred to the reserves shall not exceed an amount equal to one-tenth of the sum of its paid up capital and free reserves and the amount so drawn shall first be utilised to set off the losses incurred in the financial year before any dividend in respect of preference or equity shares is declared: and (iii) the balance of reserves after such drawal shall not fall below fifteen per cent of its paid up share capital. (1677) I678 THE GAZETTE OF INDIA EXTRAORDINARY [t"A*T II—Sue. 3(1)]

Explanation.—For the purposes of this rule, "profits; earned by a company in previous years and transferred by it to tho reserves" shall mean the tottil amount of net profits after tax, transferred to reserves as at the beginning of the year for which the dividend is to be declared; and in computing the said amount, the appropriations out of the amount transferred from the Development Rebate Reserve [at the expiry of the period, specified under the Income-tax Act, 1961 (43 of 1961)] shall be included and all items of Capital Reserves including reserves created by revaluation of assets shall be excluded.

[No. F. 12/34/69-CL-V]

P. B. MENON, Jt. Secy.

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Cite this issue. Extraordinary Gazette of India, Government of India, 26 July 1975. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1975-07-26.E-1245-1975-0211-54850/. Archive identifier in.gazette.csl_extraordinary.1975-07-26.E-1245-1975-0211-54850.