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section 8 of company act-2013

chetan (student of icai-vapi branch) (75 Points)

03 July 2016

in section 8 co-act-2013 central government means ROC???

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SHINY (CA Final Student) (699 Points)
Replied 03 July 2016

No, it means MCA (Ministry of Corporate Affairs).

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chetan (student of icai-vapi branch) (75 Points)
Replied 03 July 2016

(1) Where it is proved to the satisfaction of the Central Government (Registrar of Companies) that a person or an association of persons proposed to be registered under this Act as a limited company—

chetan (student of icai-vapi branch) (75 Points)
Replied 03 July 2016

GOVERNMENT OF INDIA
Ministry of Corporate Affairs
Notification

New Delhi, the 21st' May, 2014

S.O. 1353 (E) - In exercise of the powers conferred by section 458 of the Companies Act, 2013 (18 of 2013), and in supersession of the notification of the Government of India, Ministry of Corporate Affairs, dated the 10th July, 2012, published in the Gazette of India, Extraordinary, Part-II, section 3, sub-section (ii) vide number S.O. 1538 (E), dated the 10th July, 2012, in so far as it relates to items (a) to (b) and items (d) to (e), except as respects things done or omitted to be done before such supersession, the Central Government hereby delegates to the Registrar of Companies, the power and functions vested in it under the following sections of the said Act, subject to the condition that the Central Government may revoke such delegation of powers or may itself exercise the powers and functions under the said sections, if in its opinion, such a course of action is necessary in the public interest, namely:-

(a) sub-section (2) of section 4;

(b) sub-section (1) of section 8;

(c) clause (i) of sub-section (4) of section 8, except for alteration of memorandum in case of conversion into another kind of company;

(d) sub-section (5) of section 8; and

(e) sub-section (2) of section 13.

2. This notification shall come into force from the date of its publication in the Official Gazette.

[F No 1/6/2014-CL.V]

Amardeep Singh Bhatia,
Joint Secretary to the Government of India

chetan (student of icai-vapi branch) (75 Points)
Replied 03 July 2016

what u say now???????

SHINY (CA Final Student) (699 Points)
Replied 03 July 2016

By default Central Government refers to MCA under Companies Act, 2013, however wherein any Section, Rule, Notification, Circular or Order explicitly states the context in which the expression Central Government is used, in that scenario apparently it will be deemed in that very context.