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Wednesday, September 18, 2013

Applicable Sections of Companies Act 2013 from 12th September, 2013.

Applicable Sections of Companies Act 2013 from 12th 

September, 2013.


As per the notification issued by the Ministry of Corporate Affairs on 12th September 2013, following provisions of Companies Act 2013 shall come in to force from 12th September 2013.
(Click on the link to read the sections) 

Sl No.
Section
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9

Sections 467 to 470 of the Companies Act 2013.



Section 467.
Power of Central Government to amend Schedules.

(1)     Subject to the provisions of this section, the Central Government may, by notification, alter any of the regulations, rules, Tables, forms and other provisions contained in any of the Schedules to this Act.
(2)     Any alteration notified under sub-section (1) shall have effect as if enacted in this Act and shall come into force on the date of the notification, unless the notification otherwise directs:
Provided that no such alteration in Table F of Schedule I shall apply to any company registered before the date of such alteration.
(3)     Every alteration made by the Central Government under sub-section (1) shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the alteration, or both Houses agree that the alteration should not be made, the alteration shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done in pursuance of that alteration.


Section 468.
Powers of Central Government to make rules relating to winding up.

1)       The Central Government shall, make rules consistent with the Code of Civil Procedure, 1908 providing for all matters relating to the winding up of companies, which by this Act, are to be prescribed, and may make rules providing for all such matters, as may be prescribed.
2)       In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
i)         as to the mode of proceedings to be held for winding up of a company by the Tribunal;
ii)       for the voluntary winding up of companies, whether by members or by creditors;
iii)      for the holding of meetings of creditors and members in connection with proceedings under section 230;
iv)      for giving effect to the provisions of this Act as to the reduction of the capital;
v)       generally for all applications to be made to the Tribunal under the provisions of

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