The Maharashtra Non-trading Corporations Act
Maharashtra
An Act to provide for the incorporation, regulation and winding up of non-trading corporations whose objects are confined to the State of Bombay.
- Act number
- 26 of 1959
- Ministry
- Govt of Maharashtra
- Department
- Law and Judiciary Department
- Enacted
- 30 Apr 1959
Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.
96 sections
- Section 1Short title, extent and commencement.
- Section 2Definitions.
- Section 3Registrar and other officers.
- Section 4Act to override memorandum, articles, etc.
- Section 5Mode of forming corporations.
- Section 6Requirements with respect to memorandum.
- Section 7Alteration of memorandum.
- Section 8Articles prescribing regulations for corporations.
- Section 9Alteration of articles.
- Section 10Alteration of memorandum and articles to be registered.
- Section 11Corporations not to be registered with undesirable names.
- Section 12Change of name by corporations.
- Section 13Rectification of name of corporations.
- Section 14Registration of change of name and effect thereof.
- Section 15Registration of memorandum and articles.
- Section 16Effect of registration.
- Section 17Conclusiveness of certificate of incorporation.
- Section 18Effect of registration of memorandum and articles.
- Section 19Effect of alteration in memorandum or articles.
- Section 20Amalgamation or division of corporations.
- Section 21Register of members.
- Section 22Power of Registrar to rectify register of members.
- Section 23Directors.
- Section 24General powers of Board.
- Section 25Restrictions on powers of Board.
- Section 26Annual general meeting.
- Section 27Power of State Government to call annual general meeting.
- Section 28Registration of certain resolutions.
- Section 29Minutes of proceedings of general meetings and of Board and other meetings.
- Section 30Minutes to be evidence.
- Section 31Presumptions to be drawn where minutes duly drawn and signed.
- Section 32Inspection of minutes books of general meetings.
- Section 33Books of accounts to be kept by corporations.
- Section 34Annual accounts and balance sheet.
- Section 35Right of members to copies of balance sheet and auditors' report.
- Section 36Three copies of balance sheet, etc. to be filed with Registrar.
- Section 37Appointment of auditors.
- Section 38Powers and duties of auditors.
- Section 39Form of contracts.
- Section 40Investment of corporation to be held in its own name.
- Section 41Power for corporations to refer matters to arbitration.
- Section 42Modes of winding up.
- Section 43Circumstances in which corporation may be wound up voluntarily.
- Section 44Effect of voluntary winding up on status of corporation.
- Section 45Declaration of solvency in case of proposal to wind up voluntarily.
- Section 46Corporation to appoint and fix remuneration of liquidators.
- Section 47Board's powers to cease on appointment of liquidator.
- Section 48Powers and duties of liquidator.
- Section 49Final meeting and dissolution.
- Section 50Winding up by Registrar.
- Section 51Cancellation of registration.
- Section 52Power of Registrar to assess damage against delinquent promoters, etc.
- Section 53Bar of suit in winding up and dissolution matters.
- Section 54Disposal of surplus assets.
- Section 55Power to enforce attendance, etc.
- Section 56Appeals.
- Section 57Money how recovered.
- Section 58Liability as contributories of present and past members.
- Section 59Obligations of directors whose liability is unlimited.
- Section 60Contributory and nature of his liability.
- Section 61Power of Registrar to call for information.
- Section 62Special audit by Registrar.
- Section 63Investigation of affairs of corporation.
- Section 64Production of documents and evidence.
- Section 65Prosecution.
- Section 66Inspection, production, and evidence of documents kept by Registrar.
- Section 67Meaning of officer who is in default.
- Section 68Penalty for contravention of section 13.
- Section 69Penalty for contravention of section 26 or 27.
- Section 70Penalty for contravention of section 28.
- Section 71Penalty for contravention of section 29.
- Section 72Penalty for contravention of section 32.
- Section 73Penalty for contravention of section 33.
- Section 74Penalty for contravention of section 34.
- Section 75Penalty for contravention of section 35.
- Section 76Penalty for contravention of section 36.
- Section 77Penalty for contravention of section 38.
- Section 78Penalty for contravention of section 40.
- Section 79Penalty for contravention of section 45.
- Section 80Penalty for contravention of section 49.
- Section 81Penalty for contravention of section 61.
- Section 82Penalty for false statement.
- Section 83Penalty for wrongful withholding of property.
- Section 84Members guilty of offences punishable as strangers.
- Section 85Penalty for contravention not provided for.
- Section 86Offences against Act to be cognizable only on complaint by Registrar, member or State Government.
- Section 87Jurisdiction to try offences.
- Section 88Offences to be non-cognizable.
- Section 89Prohibition for borrowing money, etc.
- Section 90Application of assets in furtherance of objects.
- Section 91Copies to be furnished to members.
- Section 91AFee for filing or registering certain documents under the Act with Registrar.
- Section 92Recovery of sums due to State Government.
- Section 93Rules.
- Section 94Indian Companies Act, 1913 to cease to apply to corporations.
- Section 95Saving.