The Companies (Appointment and Qualifications of Secretary) (Amendment) Rules, 2003 – Appointment on population basis. - G.S.R. 804(E). - Companies Law

PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY PART II SECTION 3 SUB-SECTION (i) DATED 14th OCTOBER, 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MINISTRY OF FINANCE (Department of Company Affairs) NOTIFICATION New Delhi, Dated, the 14th October, 2003. Subject:- The Companies (Appointment and Qualifications of Secretary) (Amendment) Rules, 2003 Appointment on population basis. G.S.R. 804(E).- In exercise of the powers conferred by clauses (a) and (b) of sub-section (1) of section 642 read with section 383A of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following rules further to amend the Companies (Appointment and Qualifications of Secretary) Rules, 1988, namely :- 1. (1) These rules may be called the Companies (Appointment and Qualifications of Secretary) (Amendment) Rules, 2003; (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Companies (Appointment and Qualifications of Secretary) Rules, 1988, in rule 2, in sub-rule (3), after the first proviso, the following provisos shall be inserted, namely :- " Provided further that a company with its registered office and corporate office and works situated in towns with a population of less than one lakh in accordance with census of India 2001 report and having a paid-up share capital of rupees two crores or more but less than rupees five crores, may appoint any individual, who possess any one or more of the qualifications specified in clauses (i) to (x) of sub-rule (4) as its whole-time secretary to perform the duties as such under the Companies Act, 1956 (1 of 1956): Provided also that if a company having a paid-up share capital of rupees two crores or more but less than rupees five crores shifts either its registered office or corporate office or works from towns with a population of less than one lakh in accordance with census of India 2001 report, it shall appoint a person as a whole-time secretary under sub-rule (1).". [F. No.17/6/2002-CL.V] RAJIV MEHRISHI, Jt. Secy. Note :- The principal rules were published vide Notification G.S.R. 1105(E) dated 29th November, 1988 and subsequently amended vide :- Sl. No. Notification Number Notification Date 1. GSR 372(E) 13-4-1993 2. GSR 419(E) 11-6-2002