Commencement notification
Notified sections of Companies (Amendment) Act, 2017 up to August 15, 2017
In reference to Commencement notifications dated 23rd January 2018, 09th February 2018, May 07, 2018, June 13, 2018, Notification No. S.O. 3300(E) dated: July 05, 2018, 3299(E) dated: July 05, 2018 , July 27, 2018, July 31, 2018 and August 07, 2018 the Ministry of Corporate Affairs has notified following Sections of the Companies (Amendment) Act, 2017 to amend Companies Act, 2013-
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Section of Companies Amendment Act, 2017
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Amended Sections of Companies Act, 2013
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Particulars
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Effective Date
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1
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Section 2 except Clause (i) and clause (xiii) of section 2;
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Section 2 except clause (6) & 85
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Definitions
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February 09, 2018
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2
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Clause (i) and clause (xiii) of section 2;
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2(6) & (85)
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Definitions
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May 07, 2018
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3
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Section 4
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Section 4
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Memorandum
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January 26, 2018
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4
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Section 5
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Section 7
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Incorporation of Company
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July 27, 2018
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5
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Section 6
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Section 12
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Registered office of Company
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July 27, 2018
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6
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Section 7
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Section 21
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Authentication of documents, proceedings and contracts
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February 09, 2018
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7
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Section 8;
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Section 26
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Matters to be stated in prospectus
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May 07, 2018
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8
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Section 9
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Section 35
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Civil Liability for mis-statements in prospectus
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February 09, 2018
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9
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Section 10
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Section 42
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Issue of shares on Private Placement basis
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August 07, 2018
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10
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Section 11
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Section 47
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Voting Rights
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February 09, 2018
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11
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Section 12
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Section 53
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Prohibition on issue of shares at discount
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February 09, 2018
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12
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Section 13;
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Section 54
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Issue of sweat equity shares
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May 07, 2018
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13
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Section 14
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Section 62
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Further Issue of Share Capital
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February 09, 2018
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14
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Section 15
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Section 73
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Prohibition on acceptance of deposits from public
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August 15, 2018
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15
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Section 16
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Section 74
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Repayment of deposits etc. Accepted before the
commencement of this Act
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August 15, 2018
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16
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Section 17
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Section 76A
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Punishment for contravention of section 73 or 76
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February 09, 2018
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17
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Sections 18
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Section 77
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Duty to Register of charges, etc. and
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May 07, 2018
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18
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Section 19
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78
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Application for Registration of charge
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May 07, 2018
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19
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Section 20
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Section 82
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Company to report satisfaction of charge
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July 05, 2018
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20
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Clauses (i) and (ii) of section 21;
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Section 89
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Declaration in respect of Beneficial Interest in any share
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May 07, 2018
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21
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Clauses (iii) of section 21
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Section 89(10)
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Declaration in respect of Beneficial Interest in any share
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June 13, 2018
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22
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Section 22
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Section 90
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Register of Significant beneficial Owners in a Company
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June 13, 2018
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23
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Clauses (iii) and (iv) of section 23;
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Section 92
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Annual return
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May 07, 2018
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24
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Section 24
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Section 93
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Return to be filed with Registrar in case of promoter stake changes
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June 13, 2018
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25
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Section 25
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Section 94
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Place of keeping and inspection of registers and returns etc.
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June 13, 2018
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26
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Section 26
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Section 96
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Annual General Meeting
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June 13, 2018
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27
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Section 27
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Section 100
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Calling of EGM
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February 09, 2018
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28
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Section 28
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Section 101
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Notice of Meeting
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February 09, 2018
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29
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Section 29
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Section 110
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Postal Ballot
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February 09, 2018
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30
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Section 30
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Section 117
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Resolutions and Agreements to be filed
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May 07, 2018
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31
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Section 31
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Section 121
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Report on Annual General meeting
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May 07, 2018
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32
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Section 32
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Section 123
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February 09, 2018
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33
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Section 33;
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129
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Financial Statement
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May 07, 2018
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34
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Section 34
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Section 130
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Reopening of Accounts on Court’s order
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February 09, 2018
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35
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Section 35
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Section 132
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Constitution of NFRA
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February 09, 2018
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36
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Section 36
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Section 134
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Financial Statement, Board’s Report
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July 31, 2018
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37
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Section 38
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Section 136
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Right of member to copies of Audited Financial stms
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February 09, 2018
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38
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Section 39
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Section 137
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Copy of financial statement to be filed with registrar
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May 07, 2018
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39
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Section 40
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Section 139
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Appointment of Auditors
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May 07, 2018
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40
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Section 41
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Section 140
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Removal, Resignation of Auditor and giving of special notice
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February 09, 2018
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41
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Section 42
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Section 141
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Eligibility, Qualification and Disqualification of Auditors
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February 09, 2018
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42
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Section 43
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Section 143
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Power and duties of Auditors and AS
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February 09, 2018
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43
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Section 44
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Section 147
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Punishment for contravention
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February 09, 2018
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44
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Section 45
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Section 148
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CG to specify audit of cost in respect of certain companies
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February 09, 2018
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45
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Section 46;
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Section 149
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Company to have Board of Directors
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May 07, 2018
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46
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Section 47
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Section 152
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Appointment of Directors
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February 09, 2018
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47
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Section 48
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Section 153
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Application for allotment of DIN
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February 09, 2018
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48
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Section 49;
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Section 157
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Company to inform DIN to registrar
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May 07, 2018
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49
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Section 50
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Section 160
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Right of persons other than retiring directors to stand for directorship
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February 09, 2018
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50
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Section 51
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Section 161
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Appointment of Additional, alternate and Nominee Director
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February 09, 2018
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51
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Section 52;
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Section 164
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Disqualification for appointment of Directors
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May 07, 2018
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52
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Section 53
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Section 165
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Number of Directorships
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February 09, 2018
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53
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Section 54
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167
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Vacation of office of Directors
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May 07, 2018
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54
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Section 55
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168
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Resignation of Director
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May 07, 2018
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55
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Section 56
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173
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Meetings of Board
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May 07, 2018
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56
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Section 57
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177
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Audit Committee
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May 07, 2018
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57
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Section 58
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Section 178
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Nomination and Remuneration Committee and Stakeholders Relationship committee
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May 07, 2018
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58
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Section 59
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Section 180
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Restrictions on Powers of Board
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February 09, 2018
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59
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Section 60
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Section 184
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Disclosure of Interest by Director
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February 09, 2018
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60
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Section 61
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Section 185
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Loan to Directors, etc.
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May 07, 2018
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61
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Section 62
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Section 186
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Loan and Investment by company
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May 07, 2018
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62
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Section 63
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Section 188
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Related Party transactions
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February 09, 2018
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63
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Section 64
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Section 194
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Prohibition on forward dealings in securities by Directors or KMPs
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February 09, 2018
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64
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Section 65
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Section 195
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Prohibition on insider trading of securities
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February 09, 2018
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65
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Section 71
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Section 216
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Investigation of ownership of Company
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June 13, 2018
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66
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Section 72
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Section 223
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Inspector’s report
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February 09, 2018
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67
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Section 73
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Section 236
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Purchase of Minority’s Shareholding
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February 09, 2018
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68
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Section 74
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Section 247
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Valuation by registered Valuers
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February 09, 2018
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69
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Section 75
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Section 366
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Companies capable of being registered
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August 15, 2018
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70
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Section 76
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Section 374
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Obligations of companies
registering under this part
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August 15, 2018
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71
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Section 77
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Section 379
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Application of Act to Foreign Companies
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February 09, 2018
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72
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Section 78
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Section 384
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Debentures, Annual return, registration of Charge, books of accounts and their inspection
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February 09, 2018
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73
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Section 79
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Section 391
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Application of sections 34 to 36 and chapter XX
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February 09, 2018
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74
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First Proviso to clause (i) of section 80 a
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Section 403
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Fee for filing etc.
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May 07, 2018
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75
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Section 82
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Section 409
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Qualification of president and members of Tribunals
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February 09, 2018
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76
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Section 83
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Section 410
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Constitution of appellate tribunal
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May 07, 2018
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77
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Section 84
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Section 411
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Qualification of chairperson and members of Appellate tribunal
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February 09, 2018
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78
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Section 85
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Section 412
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Selection of members of tribunal and Appellate tribunal
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February 09, 2018
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79
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Section 86
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Section 435
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Establishments of special courts
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May 07, 2018
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80
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Section 87
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Section 438
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Application of code to proceedings before special court
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May 07, 2018
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81
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Section 88
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Section 439
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Offences to be non-cognizable
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May 07, 2018
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82
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Section 89
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Section 440
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Transitional Provisions
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May 07, 2018
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83
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Section 90
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Section 441
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Compounding of certain offences
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February 09, 2018
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84
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Section 91
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Section 446A,446B
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Factors for determining level of punishment and lesser penalties for OPCs and Small companies
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February 09, 2018
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85
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Section 92
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Section 447
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Punishment for fraud
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February 09, 2018
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86
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Section 93
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Section 458
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Punishment for false statement
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February 09, 2018
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Hope the information will assist you in your Professional endeavours. In case of any query / information, please do not hesitate to write back to us at pcschinki@gmail.com
By: Chinki Singhal -
August 20, 2018
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