Agm at any place

Page no : 2

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17853 Points)
Replied 06 October 2012

oh! Thanks for the correction Neha ji......

Thanks for noticing that the said notification was issued under section 620(1) and not in general sub section 2 of section 166.

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P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 07 October 2012

Dear friends,

It is applicable to Government Companies only. Copy of notification dated 17.1.1957 is reproduced below for ready reference:

608/Sec. 620 : Government Companies - Power to modify Act ‑ Notifications notifying provisions of the Act as not applicable or applicable with modification in relation to Government companies

In exercise of the powers conferred by sub‑section (1) of section 620 of the Companies Act, 1956 (1 of 1956), the Central Government hereby directs that the provisions of sections 17, 18, 19, 166, 186 and 620 of the said Act shall apply to any Government company with the modifications set out below, a copy of this notification having been laid in draft before both Houses of Parliament as required by sub‑section (2) of that section :

Modifications:

(1) [Omitted.]

(2) In section 166—

(i) in proviso to clause (e) of sub‑section (1) for the word “Registrar” the words “Central Government” shall be substituted;

(ii) in sub‑section (2), for the words “some other place within the city, town or village in which the registered office of the company is situate”, the words “such other place as the Central Government may approve in this behalf” shall be substituted; and

(3) In section 621, sub‑section (1) the words “the Registrar or of a shareholder of the company of ” shall be omitted.

Source : Notification No. SRO 355, dated 17‑1‑1957 as amended by GSR 1473, dated 16‑12‑1961 and GSR 236, dated 31‑1‑1978.