PART – II SECTION 3 SUB-SECTION (i)
Government of India
COMPANY LAW BOARD
NOTIFICATION
New Delhi, 1st August, 1997
G.S.R.
433(E) :- In exercise of the powers
conferred by sub-section (6) of section 10E of the Companies Act, 1956 (1 of
1956), the Company Law Board hereby make the following regulations further to
amend the Company Law Board regulations, 1991, namely:-
1.
(1) These regulations shall be called the Company Law Board (Amendment)
Regulations, 1997.
(2)
They shall come into force on the date of their publication in the
Official Gazette.
2.
In the Company Law Board Regulations, 1991 (hereinafter referred to as
the said regulations).-
(a)
in regulation 2,-
(i)
for sub-regulation (j),
the following sub-regulation shall be substituted, namely:-
(j)
“company” includes a non-banking financial company as defined in
clause (f) of section 45-1 of the
Reserve Bank of India Act, 1934 (2 of 1934) and a foreign company:
(ii)
in sub-regulation (p),
for the word “Act”, the figures and brackets “Act or the Reserve Bank of India
Act, 1934 (2 of 1934)” shall be substituted;
(iii)
sub-regulation (x) shall
be omitted;
(b)
in regulation 4, in
sub-regulation (3), for the words, figures and letter “under section 111 and
269 of the Act and under section 22A of the Securities Act,” the words, figures
and letters “sections 111, 111A and 269 of the Act” shall be substituted:
(c)
in regulation 14, -
(i)
in sub-regulation (3),-
(A)
for the figure “111;”
the figures and letter “111, 11A:” shall be substituted:
(B)
the words, figures and
letter “and section 22A of the Securities Act” shall be omitted;
(ii)
in sub-regulation (5),
for the words, figures letter and brackets “section 58A(9) of the Act”, the
words, figures, letters and brackets “sub-section (9) of section 58A of the Act
or under sub-section (2) of Section 45QA of the Revenue Bank of India Act. 1934
(2 of 1934)”, shall be substituted:
(d)
for regulation 37, the
following regulation shall be substituted, namely:-
“37. Application for deposit, - Applications under
sub-section (9) of section 58A of the Act or 45QA of the Reserve Bank of India
Act. 1934 (2 of 1934), shall be in Form No.4 in Annexure II and shall be
submitted in duplicate.”
(e)
regulation 42 shall be omitted.
- In Annexure II to the
said regulations,-
(a)
in FORM NO.1, for the
words, brackets, figures and letter “THE SECURITIES CONTRACTS (REGULATIONS)
ACT, 1956 SECTION 22A”, the words figures and letters “THE RESERVE BANK OF
INDIA ACT, 1934, SECTION 45QA” SHALL BE SUBSTITUTED.
(b)
In FORM NO.3, for the
words “SECURITIES ACT”, the words and figures “THE RESERVE BANK OF INDIA ACT,
1934”, shall be substituted:
(c)
In FORM NO.4, in the
opening portion.-
(i)
for the words, letter
and brackets “Application by depositor under section 58A(9)”,the words,
figures, letters and brackets “Application by depositor under *section 58A(9)
of the Act or section 45QA of the Reserve Bank of India Act, 1934; (*delete
whichever is not applicable) shall be substituted:
(ii)
for the word, figures and
letter “Section 58A”, the words, figures and letters “Section 58A of the Act or
section 45QA of the Reserve Bank of India Act, 1934” shall be substituted.
- In Annexure III to the
said regulations,-
(a)
for the entry “58A(9)”
occurring under column 2 against serial number 6, the following entries shall
be substituted, namely:-
“58A(9) or section 45QA of the Reserve Bank of India
Act, 1934.”:
(b)
for the entry “111”
occurring under column 2 against serial number 9, the following entry shall be
substituted, namely:-
“111 or 111A”.
(c) serial number 32 relating to sections 22A
(4)(c) of the Securities Act and entries relating thereto shall be omitted.
(F.No.1(10)88-CL.V/CLB)
By Order of
the Company Law Board.
MOHINDER
SINGH, Secy(CLB)
Foot
Note : – Principal Regulation was amended vide:-
(1)
G.S.R. No.291(E) dated
31-5-91 subsequently amended by:-
(2)
G.S.R. No.492(E) dated
14.5.92
(3)
G.S.R. No.593(E) dated
25.7.94
(4)
G.S.R. No.374(E) dated
2.5.95.