SECTION 10E
CONSTITUTION OF
COMPANY LAW BOARD
Powers and functions
delegated by Central Government under sub-section (1)3
In exercise of the powers conferred by clause(a) of
sub-section (1) of section 637
1. Since transferred to the Company Law Board, w.e.f.
1.2.1975, vide the Companies (Amendment) Act, 1974.
2. The reference to managing agents and secretaries and
treasurers omitted by reason of the Amendment Act, 1969.
3. The notification will remain valid until the amendment
made by the companies (Amendment) Act, 1988 in section 10E is brought into
force.
read with sub-section (1) of
section 10E of the Companies Act, 1956 ( 1 of 1956)) and in supersession of the
notification of the Government of India in the Department of Company Affairs
No.GSR 686, dated the 4th May, 1971, the Central Government hereby delegates to
the Company Law Board the powers and functions of the Central Government under
the said Act other than those under the following provisions of the said Act,
namely : --
Second
proviso to section 1
Sub-section
(4A) of section 10E
Section
58A
Sub-section
(4), (5) and (6) of section 81
Sub-section
(4) of section 198
Section
259
Section
268
Section
269
Sub-section
(2) of section 274
Section
294AA
Proviso
to sub-section (1) of section 297
Sub-section
(1), (3), (4) and (5B) of section 309
Section
310
Section
311
Sub-section
(4) of section 316
Section
370
Section
372
Sub-section
(2) of section 385
Sub-section
(4) of section 386
Section
387
Section
388
Section
388B
Section
388C
Sub-sections
(1), (3) and (5) of section 388E
Sub-sections
(1) and (2) of section 408 insofar as they relate to the selection of
directors
or additional directors, as the case may be, of companies for appointments
under
the said sub-sections.
Section
410
Section
448
Section
609
Sub-section
(1) of section 619A
Section
620
Section
620A
Sekction
620B
Section
620C
Section
624A
Clause
(b) of sub-section (1) of section 637
Section
638
Note : For the purposes of ready
reference, sub-section(6) of section 10E of the Companies Act, 1956 (1 of 1956)
is reproduced below:
"(6) in the exercise of its
powers and discharge of its functions, the Company
Law Board shall be subject to
the control of the Central Government."
*
NOTIFICATION NO. GSR 443(E), DATED 18-10-1972 AS AMENDED BY GSR 1185, DATED
12-10-1973, GSR 343(E), DATED 24-6-1975, GSR 477, DATED 31-3-1978 AND GSR
471(E), DATED 7-8-1980.
Matters which may be
considered and disposed of by circulation-Order regarding in terms of rule 3C
of the Company Law Board (Procedure) Rules
In pursuance of rule 3C of the Company Law Board
(Procedure) Rules, 1964, and in supersession of Order No.5/9/69-CL-V, dated the
26th June, 1970, as amended from time to time, the Company Law Board directs
that matters falling within the scope of the undermentioned provisions of the
companies Act, 1956 (1 of 1956), may be considered and disposed of by the Board
by circulation:
Sub-section
(8) of section 58A
Clause
(b)(iii) of sub-section (1C) of section 108
Clause(c)
of the first proviso to sub-section (1) and clause (d) of sub-section ()s) of
section 205.
Clause
(b)(i) of sub-section (4) of section 209
Sub-section
(7) of section 224
Section
194
Sub-sections
(1) and (3) of section 295
Proviso
to sub-section (1) of section 297
Sub-section
(3) of section 300
Section
373
First
proviso to sub-section (1) of section 394
Section
394A
Section
397
Section
398
Section
400
Proviso
to sub-section (1) of section 594
Section
635B
Section
637B
Provided that a Member who is
competent to decide substantive matter can exercise this power under section
637B in relation to the said matter:
Provided further that the Chairman or
a Member may refer any matter falling under the above mentioned sections of the
Act for consideration and decision in a regular meeting of the Board.
*
ORDER NO.5/3/72-CL-V, DATED 25-8-1972 AS AMENDED BY ORDER NO.5/3/72-CL-V, DATED
21-91972 AND ORDER NO.5/10/78-CL-V, DATED 18-11-1978.
Authentication of orders of
Board-Orer conferring power on officers in terms of rule 4 of the Company Law
Board (Procedure) Rules
In pursuance of rule 4 of the Company Law Board
(Procedure) Rules, 1964, the Company Law Board hereby empowers its officers
specified in column 1 of the Table below also to authenticate the orders and
decisions of the Company Law Board insofar as they relate to matters specified
in the corresponding entry in column 2 of the said Table :
TABLE
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1 2
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1. Senior Cost Accounts Officer Orders under section 233B of the
Companies
Act, 1956 and the rules framed
thereunder.
2.
Joint Director (Inspection) Orders in respect of inspection of
books of
account under section 209(4) of the
Companies
Act, 1956 and matters connected
therewith.
3.
Joint Director (Accounts) Orders relating to internal audit of
Official
Liquidators' offices and in respect
of audit
or scrutiny of accounts of
companies.
4.
Joint Director (Legal) at the
Orders under section 108(1C)(B)(iii) and
Headquarters section 637B(b) of the Companies
Act, 1956.
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*
ORDER NO.5/1/72-CL-V, DATED 20-6-1972.