State of Andhra Pradesh - Act
Andhra Pradesh State Financial Corporation General Regulations, 2004
ANDHRA PRADESH
India
India
Andhra Pradesh State Financial Corporation General Regulations, 2004
Rule ANDHRA-PRADESH-STATE-FINANCIAL-CORPORATION-GENERAL-REGULATIONS-2004 of 2004
- Published on 15 October 2004
- Commenced on 15 October 2004
- [This is the version of this document from 15 October 2004.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
INTRODUCTORY
1. Short Title and Commencement.
2. Definitions.
- In these Regulations unless there is anything repugnant in the subject or context:-3. Shares - Movable Property.
4. Allotment of Shares.
- (i) Subject to the provisions of Section 4 of the Act, the Board shall allot shares on the basis of application made for the purpose.5. Control over Shares.
- Subject to the provisions of the Act and these Regulations, the Board shall decide any question relating to any matters pertaining to the shares other than those covered by specific Regulations hereafter, provided that nothing contained in this regulation shall apply to the shares held with a depository. The register of beneficial owners maintained by a depository under Section 11 of the Depositories Act, 1996, shall be deemed to be the Register of Share holders for the purpose of this regulation.6. Parties who may not be registered as Shareholders.
- Except as otherwise provided by these Regulations, no minor or person who has been found by Court of competent jurisdiction to be of unsound mind shall be entitled to be registered as a shareholder.7. Joint Holding of Shares.
- (i) Except in the case of individuals, the Corporation shall not recognize the joint holding of shares.8. Share Register.
- (i) The Corporation shall maintain, at its Head Office, a register of shareholders qualified by the Act to be registered therein either in manual or in accordance with and subject to the provisions of Information Technology Act, 2000 and the Rules made thereunder, in the format enclosed as at Annexure" A".9. Trust not to be recognised.
- The Corporation shall deal with the shareholders irrespective of whether they are full owners of their shares or trustees for some other person or persons. No notice of any trust expressed, implied or constructive shall be entered on the register, nor shall any trust be recognised by the Corporation.10. Exercise of Right of Joint Holders.
- If any share stands jointly in the names of two or more persons, the person first named in the register shall, as regards voting , receipt of dividends, service of notices and all or any other matter connected with the Corporation, except the transfer of the share, be deemed to be the sole holder thereof.11. Inspection of Share Register.
- (i) The share register maintained under Regulation 8, except when closed under the provisions of these Regulations, shall be open to the inspection of any shareholder free of charge at the Head Office of the Corporation during business hours subject to such reasonable restrictions as the Managing Director may impose, but so that not less than two hours in each working day may be allowed for inspection.12. Closing of Share Register.
- The Board may, after giving not less than seven days previous notice by advertisement, in the newspaper circulating in the place where the Head Office of the Corporation is situated, close the share register for such periods (not exceeding forty five days in all during any one financial year) as shall, in its opinion, be necessary but not exceeding 30 days at one time.13. Share Certificates.
- (i) Every share certificate shall be issued in the format enclosed as at Annexure "B", as modified by the Board from time to time.14. Issue of Share Certificate free of charge.
- (i) The State Government and the Small Industries Bank shall each be entitled free of charge, to one certificate for all the shares registered in their names at each allotment. If any shares are allotted to the State Government and the Small Industries Bank in pursuance of sub-section (5) of Section-4, of the Act an additional certificate in respect of such shares shall also be issued free of charge to the State Government and the Small Industries Bank respectively.15. Issue of duplicate/sub-division of Share Certificates.
- (i) If any share certificate is worn out or defaced or tendered for sub-division, then upon production thereof to the Head Office of the Corporation, it may order the same to be cancelled and have a new certificate or certificates issued in lieu thereof.16. Transfer of Shares.
- (i) Subject to the restrictions contained in the Act and in these Regulations, shares except redeemable preference shares shall be transferable, but every transfer shall be in writing and in the form prescribed under the Companies Act, 1956 for transfer of shares.17. Power to suspend transfer.
- The Board may suspend the registration of transfer during any period in which the register is closed.18. Power to refuse recognition of instrument of Transfer.
- (i) The Board may decline to recognize any instrument of Transfer unless:a. a sum of rupees 10/- or a sum as may be decided by the Managing Director from time to time with the approval of the Board is paid to the Corporation in respect thereof, which sum shall not, in any event, be refunded.b. the instrument of transfer is accompanied by the certificate of the shares/ debentures to which it relates; andc. the parties furnish such other evidence as the Corporation may reasonably require in connection with the transfer.19. Transmission of shares/debentures in the event of death, insolvency etc of a shareholder/debenture holder/security holder".
- (i) The executors or administrators of a deceased sole holder of the shares/debentures/ securities or the holder of a Succession Certificate issued under Part X of the Indian Succession Act, 1925, in respect of such shares/debentures/ securities or a person, in whose favour a valid instrument of transfer of such shares/ debentures / securities was executed by such a person or by the deceased share holder during the latter's life time, shall be the only person who may be recognized by the Corporation as having any title to the shares/debentures/ securities of the deceased shareholder/debentureholder/security holder. In the case of the shares/debentures/securities registered in the names of two or more share holders/debenture holders/ security holders, the survivor or survivors and on the death of the last survivor, his executors or administrators, or any person who is the holder of a Succession Certificate in respect of such shares/debentures/securities, or a person in whose favour a valid instrument of transfer of shares/debenture/ securities was executed by such persons and such last survivor during the latter's life time, shall be the only person who may be recognised by the Corporation as having any title to such shares/debentures/ securities. The Corporation shall not be bound to recognise such executors or administrators unless they shall have obtained Probate or Letters of Administration, or other legal representation as the case may be, from a duly constituted Court in India having effect at the place where the Share Register of the Corporation is maintained, provided nevertheless that in any case where the Board to dispense with the production of a Succession Certificate, Letters of Administration or such other legal representation upon such terms as to indemnify or otherwise as the Board may think fit.20. Calls on shares.
- The Board may, from time to time, make such calls as it thinks fit upon the shareholders in respect of all moneys remaining unpaid on the shares held by them, and not by the conditions of allotment thereof made payable at fixed times, and each shareholder shall pay the amount of every call so made on him to the person and at the time and place appointed by the Board. A call may be made payable by instalment.21. Calls on date from resolution.
- A call shall be deemed to have been made at the time when resolution of the Board authorising such call was passed and may be made payable by the shareholders on the register on such date or at the discretion of the Board on such subsequent date as may be fixed by the Board.22. Notice of call.
- A notice of not less than thirty days of every call shall be given specifying the time of payment provided that before the time for payment of such call the Board may by notice in writing to the shareholders revoke the same.23. Extension of time for payment of call.
- The Board may, from time to time and at its discretion, extend the time fixed for the payment of any call as to all or any of the shareholders having regard to the circumstances or some other sufficient cause, but no shareholder shall be entitled to such extension as a matter of right.24. Liabilities of Joint Holders.
- The joint holders of a share shall be jointly and severally liable to pay all calls in respect thereof.25. Amount payable at fixed time or by instalments as calls.
- If by the terms of issue of any share or otherwise any amount is payable at any fixed time or by instalments at fixed time, every such amount or instalment shall be payable as it it were a call duly made by the Board and of which due notice had been given and all the provisions herein contained in respect of instalment accordingly.26. When interest on call or instalment payable.
- If the sum payable in respect of any call or instalment is not paid on or before the day appointed for payment thereof, the holder for the time being or the allottee of the share in respect of which a call shall have been made, or the instalment shall be due, shall pay interest on such sum at such rate as the Board may fix, from time to time, from the day appointed for the payment thereof to the time of actual payment, but the Board may waive payment of such interest wholly or in part.27. Non-payment of calls by shareholder.
- No shareholder shall be entitled to receive any dividend or to exercise any privilege as a shareholder until he shall have paid all calls for the time being due and payable on every share held by him, whether singly or jointly with any person, together with interest and expenses, if any.28. Notice to be given if call or installment not paid.
- If any shareholder fails to pay the whole or any part of a call or instalment or any money due in respect of any shares either by way of principal or interest on or before the day appointed for the payment of the same, the Board may at any time thereafter during such time as the call or instalment or any part thereof or other moneys remain unpaid or a judgement or decree in respect thereof remains unsatisfied in whole or in part, serve a notice on such shareholder or on the person (if any) entitled to the share by transmission, requiring him to pay such call or instalment or such part thereof or other moneys as remain unpaid together with any interest that may have accrued and all expenses (legal or otherwise) that may have been paid or incurred by the Corporation by reason of such non-payment.29. Form of notice.
- The notice shall name a day not being less than fourteen days from the date of the notice and the place or places on and at which such call or instalment or such part or other monies and such interest and expenses as aforesaid are to be paid. The notice shall also state that in the event of non-payment on or before the time and at the place appointed, the share in respect of which the call was made or instalment is payable will be liable to be forfeited.30. In default of payment, shares to be forfeited.
- If the requirements of any such notice as aforesaid are not complied with, any of the shares in respect of which such notice has been given may at any time thereafter before payment of all calls or instalments, interest and expenses or the money due in respect thereof, be forfeited by a resolution of the Board to that effect. Such forfeiture shall include all dividends declared in respect of the forfeited shares and not actually paid before the forfeiture.31. Entry of forfeiture in the Register.
- When any share has been forfeited under Regulation 30, an entry of the forfeiture with the date thereof shall be made in the register.32. Forfeited shares to be property of the Corporation and may be sold.
- Any share so forfeited shall be deemed to be the property of the Corporation and may be sold, reallotted or otherwise disposed of, either to the original holder thereof or to any other person upon such terms and in such manner as the Board may decide.33. Power to annul forfeiture.
- The Board may, at any time, before any share so forfeited under Regulation 30 shall have been sold, reallotted or otherwise disposed of, annul the forfeiture thereof upon such conditions as it may think fit.34. Shareholder liable to pay money owing at the time of forfeiture and interest.
- Any shareholder whose shares have been forfeited shall, notwithstanding the forfeiture, be liable to pay and shall forthwith pay to the Corporation all calls, instalments, interest, expenses and other amounts owing upon or in respect of such shares at the time of the forfeiture with interest thereon from the time of forfeiture until payment at such rate as may be specified by the Board and the Board may enforce the payment of the whole or a portion thereof.35. Partial payment not to preclude forfeiture.
- Neither a judgement nor a decree in favour of the Corporation for calls or other amounts due in respect of any shares nor any payment of satisfaction thereunder nor the receipt by the Corporation of a portion of any money which shall be due from any shareholder from time to time in respect of any shareholder from time to time in respect of any shares either by way of principal or interest nor any indulgence granted by the Corporation in respect of payment of any money shall preclude the forfeiture of such shares under these regulations.36. Application of forfeiture provisions.
- The provisions of these Regulations as to the forfeiture shall apply in the case of non-payment of any sum which by terms of issue of a share becomes payable at a fixed time, as if the same had been payable at a fixed time, as if the same had been payable by virtue of a call duly made.37. Corporation's lien on Shares.
- The Corporation shall have a first lien upon all shares registered in the name of each shareholder and upon the proceeds of sale thereof for his debts, liabilities and engagements solely or jointly with any other person to or with the Corporation whether the period for the payment, fulfillment or discharge thereof shall have actually arrived or not, and such lien shall extend to all dividends from time to time declared in respect of such shares. Unless otherwise agreed, the registration of a transfer of shares shall operate as a waiver of the Corporation's lien, if any, on such shares.38. Enforcing lien by sale of shares.
- The Board may, for the purpose of enforcing the lien referred to in Regulation 37 sell the shares subject thereto in such manner as it things fit, but no sale shall be made unless any sum in respect of which the lien exists is presently payable nor until notice in writing of the intention to sell shall have been served on such shareholder or person, if any, entitled for transmission to the shares and default shall have been made by him in payment of the sum presently payable for seven days after such notice.39. Application of proceeds of sale of shares.
- The net proceeds of any sale of shares under Regulation 38 after deduction of costs of such sale, shall be applied in or towards the satisfaction of the debt or liability in respect whereof the lien exists so far as the same is presently payable and the residue, if any, paid to the shareholders or the person, if any, entitled by transmission to the shares so sold.40. Certificate of forfeiture.
- A certificate in writing under the hands of any Director, or any other officer of the Corporation duly authorised in this behalf, that the call in respect of a share was made and that the forfeiture of the shares was made by a resolution of the Board to that effect, shall be conclusive evidence of the fact stated therein as against all persons entitled to such shares.41. Title of purchaser and allottee of forfeited share.
- The Corporation may receive the Consideration, if any, given for the share on any sale, reallotment or other disposition thereof and the person to whom such share is sold, reallotted or disposed of may be registered as the holder of the share and shall not be bound to see to the application of the consideration, if any, nor shall his title to the share be affected by any irregularity or invalidity in the proceedings in reference to the forfeiture, sale, reallotment or other disposal of the share and the remedy of any person aggrieved by the sale shall be in damages only and against the Corporation exclusively.42. Shareholder ceasing to be qualified for registration.
- (i) It shall be the duty of any person registered as a shareholder, forthwith upon ceasing to be qualified to be so registered, to give intimation thereof to the Board.43. Service of notice or document to share holders .
- (i).The Corporation may serve a notice or a document on any shareholder either personally, or by post at his registered address or if he has no registered address in India, at the address, if any, within India supplied by him to the Corporation for the giving of notice to him.Provided that where a shareholder has intimated to the Corporation in advance that documents should be sent to him under a Certificate of Posting or by Regd.Post or by Courier with or without acknowledgment due, and has deposited with the Corporation a sum sufficient to defray the expenses of doing so, service of the document or notice shall not be deemed to be effected unless it is sent in the manner intimated by the shareholder, and unless the contrary is proved, such service shall be deemed to have been effected in the case of a notice of a meeting at the expiration of forty eight hours after the letter containing the same is posted, and in any other case, at the time at which the letter would have been delivered in the ordinary course of post.Chapter III
Meetings of Shareholders or Any Class of Shareholders
44. Chairman of Meeting - In chapter III and IV.
- (i) unless the context does not permit, the reference to "general meeting" shall include a reference to a meeting of a class of shareholders, and45. Annual General Meeting.
- The Annual General Meeting of the Corporation shall be held at the place where the Head Office of the Corporation is situated, or if so directed by the Board at any other place within the State where there is an office of the Corporation. Each Annual General Meeting shall be held within four months from the date on which the annual accounts of the Corporation are closed or within such period as may be specified in the Act from time to time. Without prejudice to the aforesaid provision, the date and time of the Annual General Meeting shall be fixed by the Board and such a meeting shall be convened under the direction of the Board by the Managing Director or any other officer of the Corporation authorized by the Board in this behalf.46. General Meetings (other than Annual General Meeting).
- (i) The Board may convene a general meeting at such time and place as may be decided by the Board.47. Notice convening a General Meeting.
- (i) A notice convening a General Meeting signed by the Managing Director, or the Secretary of the Corporation, shall be sent to every registered shareholder or every shareholder of the class to which the meeting relates at his address, if any, in India and published atleast twenty one clear days before the meeting in Newspaper except in the case of the first Annual General Meeting in which case the period of notice may be seven days.48. Business at General Meetings.
- At the Annual General Meeting, the following business shall be transacted namely:-49. Quorum at General Meetings.
- (i) No business shall be transacted at any meeting of the shareholders, or a class of shareholders, whether it is the Annual General Meeting or any other general meeting, unless a quorum of atleast five shareholders entitled to vote at such meeting in person or by proxy or by duly authorised representative is present at the commencement of such business.50. Chairman of General Meetings.
- (i) The Chairman of the Board or, in his absence, the Managing Director or a Director authorized by the Chairman in writing in this behalf shall be the Chairman and in the event of Chairman of the Board being not nominated or in default of such authorization as aforesaid or in the absence of the Managing Director so authorized, the meeting may elect any other Director present to be the Chairman of the meeting.51. Persons entitled to attend General meeting.
- (i) All directors and all shareholders of the Corporation and the Secretary of the Corporation and such other officers as the Managing Director may decide shall subject to the provisions of sub-regulation (ii), be entitled to attend general meeting.Provided that if a General Meeting relates to a class of share holders, only the shareholders of that class shall be entitled to attend that meeting.52. Voting at General Meetings.
- (i) At any general meeting, a resolution put to the vote of the meeting shall, unless a poll is demanded, be decided on a show of hands.53. Minutes of General Meetings.
- (i) The Corporation shall cause the minutes of all proceedings of general meetings to be maintained in the books kept for the purpose which may be in the form of binders containing loose leaves.54. Definition.
- In these Regulations 'Company' means a body corporate either incorporated under the Companies Act, 1956 or any other law for the time being in force and unless there is anything repugnant in the subject or context, includes the Small Industries Bank, LIC, other insurance companies owned or controlled by Central Government or by State Government, a Public Sector Bank, a Co-operative Bank, a Co-operative Society, a Society registered under the Societies Registration Act, 1860 (21 of 1860) and other institutions.55. Shareholders entitled to vote and their voting rights.
56. Voting by Government.
- (i) The State Government and institutions covered under clauses (b) and (c) of sub-section (3) of section 4 of the Act may, by an order in writing, authorise any of its officers or a Director of the Corporation to act as its representative at any general meeting of the Corporation and the person so authorised shall be entitled to exercise the same powers on behalf of the State Government, the said institutions as if he were an individual shareholder of the Corporation. The authorisation so given may be in favour of two or more persons as alternate representatives and in that case, any one of such persons may act as the duly authorised representative of the Government. The person so authorised shall not be deemed to be a proxy.57. Voting by duly authorised representative.
- (i) A shareholder, being a company, may by a resolution of its Board of Directors or other Governing Body authorise any of its officials or any other person to act as its representative at any meeting of the Corporation and the person so authorised shall be entitled to exercise the same powers on behalf of the company which he represents, as if he were an individual shareholder of the Corporation. The authorisation so given may be in favour of two or more persons as alternate representatives and in that case any one of such persons may act as the duly authorised representative of the company. A person acting in pursuance of an authorisation given under this sub-Regulation shall not be deemed to be a proxy.58. Voting by duly authorised representative precludes voting by proxy.
- No shareholder being a company shall vote by proxy so long as a resolution referred to in Regulation 57 authorising any person to act as its duly authorised representative at any general meeting, shall be in force.59. Proxies.
- (i) Any shareholder of the Corporation entitled to attend and vote at a general meeting shall be entitled to appoint another person (whether a shareholder or not) as his proxy to attend and vote instead of himself; but a proxy so appointed shall not have any right to speak at the meeting.60. Election Disputes.
- (i) If any doubt or dispute shall arise as to the qualification or disqualification of a person deemed or declared to be elected or otherwise as to the validity of the election of a Director, any person interested, being a candidate or shareholder entitled to vote at such election, may, within seven days of the date of the declaration of the result of such election, give an intimation in writing thereof to the Chairman of the Board and shall in so doing give full particulars of the ground upon which he doubts or disputes the validity of such election.Chapter V
Special Provisions Regarding the Nominations Or Election Of Directors
61. Issue of Notice of Election.
- Where at any general meeting an election of any Directors is to be held, notice thereof shall be included in the notice convening the meeting. Every such notice shall also specify the number of Directors to be elected and the particular vacancies in respect of which the election is to be held.62. List of Shareholders.
- (i) For the purpose of election of Directors mentioned in clause(e) of section 10, of the Act, a separate list shall be prepared of the shareholders mentioned in clause (d) of sub-section (3) of section 4 of the Act.63. Proposal of Candidates for Directorship.
- (i) No candidate for election as a Director of the Board shall be validly proposed unless:64. Scrutiny of proposals and publication of list of candidates for Directorship.
- (i) The Managing Director shall scrutinise the proposals on the first working day following the last date fixed for the receipt of proposals. He shall after such enquiry, if any, as he thinks necessary, satisfy himself in regard to the provisions of Regulation 62 and shall accept or reject the proposal for nomination of each candidate accordingly, and, in the case of rejection, shall briefly record his reasons for so doing. The decision of the Managing Director that a proposal is valid or invalid shall, subject to the result of any reference under Regulation 66, be final. If there is only one valid proposal for any particular vacancy to be filled by election, the candidate so proposed shall be deemed to be elected forthwith and his name and address shall be published as so elected. In such an event there shall not be any election at the meeting convened for the purpose and if the meeting has been called solely for the purpose of the aforesaid election, it shall stand cancelled.If the number of valid proposals exceeds one, the Managing Director shall cause to be published the names and addresses of candidates validly proposed one in English newspaper and one in Telugu newspaper circulating in the State of Andhra Pradesh.65. Nomination of Directors.
- (i) The parties mentioned in clause (c) of sub-section (3) of section 4 of the Act shall nominate two directors to represent them under clause (d) of section 10 of the Act as under:Chapter VI
66. Removal of Director from Office under sub-section (2) of section 13 of the Act.
- (i) The shareholder in clause (d) of sub-section (3) of section 4 of the Act may remove any Director elected under clause (e) of Section 10 before the expiry of his tenure of office, in the following manner:67. Co-opted Directors.
- Subject to clause (e) of Section 10 of the Act, the Directors co-opted by the Board shall retire in order of co-option on assumption of charge by the Director or Directors elected by the share holders or after expiry of one year which ever is earlier. If the co-option of more than one Director is made on the same day, the retirement of such co-opted will be decided by consensus amongst themselves and in the absence of such consensus, the retirement shall be decided by draw of lots by the Chairman of the Meeting of the Board at which the issue comes up for decision. The tenure of the co-opted Directors shall be similar to the elected or nominated director.Chapter VII
Meetings of the Board and the Executive Committee
68. Meetings of the Board.
- (i) A meeting of the Board shall be held atleast once during each quarter and shall be convened by the Managing Director or in his absence any other Director or Officer of the Corporation duly authorized by the Board in accordance with the instructions, if any, of the Board.69. Meetings of the Executive Committee.
- (i) The Executive Committee Meetings shall be presided over by the Chairman and shall ordinarily meet once during each quarter at the Head Office of the Corporation or at such other place within the jurisdiction of the Corporation as the Chairman may decide to attend to the business of the Corporation as may be delegated to it by the Board, from time to time. Sufficient notice shall be given to the members of the Committee to enable them to attend the meeting.70. Disclosure of Interest of Director in any Industrial concern.
- (i) Every Director of the Board and every member of the Executive Committee who has any interest in or connection with an industrial concern in respect of contract or arrangement or proposed contract or arrangement entered into or to be entered into of the nature specified in sub-section (2) of section 28 of the Act shall disclose the nature of such interest or connection at a meeting of the Board or the Executive Committee, as the case may be.71. Fee for Directors' Meetings.
- 1. Each Director (other than the Managing Director and an employee of the State Government or any employee of the Corporation) shall receive fee for attending a meeting of the Board or the Executive Committee or any Committee constituted by the Board under section 21 of the Act as may be decided by the Board of Directors from time to time.2. In addition, each Director attending a meeting of the Board or of the Executive Committee shall be reimbursed his travelling and halting expenses, if any, on such scale, at his option, as he is entitled to in the institution in which he holds office or on such scale as may be fixed by the Board from time to time and in any other case, at the latter scales.
72. Appointment of Committees.
- (i) The Board may appoint Committees consisting wholly of Directors or wholly of other persons or partly of Directors and partly of other persons as it deems fit for the purpose of efficient discharge of the functions of the Corporation.73. Resolution without meeting valid.
- (i) The Managing Director or any Director or Officer of the Corporation duly authorized by the Board can alone circulate the resolution in writing. The resolution circulated to all the Directors at their usual addresses in India and approved and signed by a simple majority of the Directors/members, on the Board of the Corporation or where the matter concerns, the Executive Committee or any other Committee appointed by the Corporation, who are then in India, one of whom shall be the Chairman of the Board or the Executive Committee or other Committee as the case may be or the Managing Director shall be valid and effectual and shall be deemed to be the resolution passed by the Board, the Executive Committee or other Committee, as the case may be. The resolution shall be deemed to have been passed on the date on which it is concurred and signed by the last signatory to the resolution.Provided that any resolution passed as aforesaid shall be placed before the next meeting of the Board, Executive Committee or other Committee, as the case may be, for carrying out modifications, if any.Chapter VIII
Manner in Which the Accommodation Granted by the Corporation Will be Secured.
74. Instruments evidencing the security to be in prescribed Form.
- Instruments evidencing the security to be taken for accommodation given by the Corporation, under sub-section (1) of section 25 of the Act shall be in the form specified by the Board and no material alteration shall be made in the form as prescribed without the approval of the Board. The Board may make such variations in the forms as may be found necessary to suit the requirement of individual cases.Provided no such instrument shall be open to challenge only on the ground that the said document or any alteration thereto is not approved by the board.75. Instruments evidencing security to contain stipulation for requiring additional security in the event of fall in value of assets.
- In the instruments evidencing the security taken by the Corporation, there shall be a stipulation that in the event of a fall occurring in the value of the assets pledged, mortgaged, hypothecated, or assigned to the Corporation, the industrial concern obtaining accommodation from it may be required to furnish such additional security as may be considered reasonable by the Executive Committee.Chapter IX
General Provisions
76. Board to inform the State Government regarding disqualifications.
- The Board shall forthwith inform the State Government if it comes to the notice of the Board that any Director has become subject to any disqualification under the Act.77. Acts of Directors valid notwithstanding subsequent discovery of disqualifications.
- All acts done at any meeting of the Board or the Executive Committee or an Advisory Committee by any person acting as Director of the Board or member of the Executive Committee or of an Advisory Committee shall, notwithstanding that it shall afterwards be discovered that there was some defect in the appointment of such persons or that they or any of them were disqualified, be as valid as if every such person had been duly appointed and duly qualified.78. Delegation of Powers.
- Without prejudice to the powers conferred under the Act, the Board may, if it deems expedient authorise the Executive Committee or a Committee appointed under sections 18(3), and 21 of the Act or the Managing Director to decide in respect of any of the matters, whether referred to in these Regulations or not.79. Manner and form in which contracts binding on the Corporation may be executed.
- Contracts on behalf of the Corporation may be made as follows:80. Accounts, Receipts and Documents of Corporation by whom to be signed.
- The Managing Director, or such other Officers of the Corporation as the Board or the Executive Committee or any Committee appointed under sections 18(3), and 21 of the Act or the Managing Director who have been delegated the necessary powers by the Board in this behalf may, by notification in the Andhra Pradesh Government Gazette, authorise in this behalf, may sign any contract of any description whatsoever, issue, execute, endorse and transfer promissory notes, bonds, stock receipts, stock, debentures, shares, securities and documents of title to goods standing in the name of , or held by the Corporation and draw, accept and endorse bills of exchange and other instruments in the current and authorised business of the Corporation and sign all other accounts, receipts and documents connected with such business.81. Plaints, etc., by whom to be signed.
- Plaints, written statements, vakalatnamas, affidavits and all other documents connected with legal proceedings may be signed and verified on behalf of the Corporation by the Managing Director or any other Officer authorised under Regulation 80 to sign documents for, and on behalf of the Corporation:82. Common Seal of the Corporation.
- (i) The Board shall provide a Common Seal for the purpose of the Corporation and shall have powers from time to time destroy the same and substitute a new seal in lieu thereof and the Board shall provide for the safe custody of the seal for the time being.83. Issue of Bonds and Debentures.
- (i) The bonds or debentures of the Corporation shall be issued under the signature of the Chairman or Managing Director and such signature may be printed, engraved or lithographed or impressed by such other mechanical process as the Board may direct.84. Efficient conduct of the affairs of the Corporation.
- The Managing Director may take such necessary steps and actions as may be necessary for efficient conduct of the affairs of the Financial Corporation, which may also include the adoption of methods of recovery of the other institutions other than the SFCs for bringing moral pressure on the chronic defaulters and formulate incentive scheme for the officers and employees of the Corporation for boosting the business of the Corporation.85. Service of notice to the Corporation.
- A notice may be served on the Corporation by delivering it to an authorised officer of the Corporation at, or by sending it by registered post to the Head Office of the Corporation.86. Accounts.
- The Board shall cause accounts to be kept of the assets and liabilities, and receipts and expenditure of the Corporation.87. Annual Statements of Accounts.
- The Corporation shall prepare the balance sheet as at 31st March of every year and profit & loss account for the year ending on that day in the form enclosed to as at Annexure 'C' and Annexure 'D' or in the form as may be specified from time to time by State Government, Reserve Bank or Small Industries Bank or the Board in consultation with Small Industries Bank.88. Returns.
- The statements and returns to be furnished under sub-section (1) of the section 38 of the Act shall be in such form as the State Government, the Reserve Bank or the Small Industries Bank may require from time to time.89. Dividends.
- (i) Dividends declared shall be paid as soon as may be, but ordinarily not later than 42 days, after the annual accounts are discussed and adopted at the general meeting.90. Dividend for the period ending on the 31st March, 1956.
- Dividend will accrue and be payable for the period ending 31st March, 1956 from the 1st January, 1956 and no shareholder shall have any right to claim dividend for any period prior to that date.91. Investment of Funds.
- The Corporation may invest its funds in such securities as may be decided by the Board from time to time and as per the prudential norms and guidelines prescribed by the Board in this behalf.92. Nomination in respect of Deposits, Bonds, Shares,Debentures and other Securities.
93. General Provision.
- If any dispute arises as to the interpretation or otherwise of these Regulations, the decision of the Board shall be final.CallAnnexure A| Shares Transferred | Balance | Unit | |||||||||||||
| Date | Tr.No | Folio | To seen | No. of Shares | Distinctive Numbers | Value | Transferee | No of Shares | Amount | Acctt. | Md. | ||||
| From To | |||||||||||||||
| Occupation | Address: | Register On: |
| Shares Acquired | ||||||||||||
| Date | A/L or Tr.No. | Foilo | From Seen | No. of Shares | Distinctive Numbers | Value | Transfer | Instructions | ||||
| From To | ||||||||||||
| PoA.P. Money Rs. OnA.L. Money Rs. |
| Andhra Pradesh State Financial CorporationHyderabad. | Share Certificate | |
| CertificateNo.Class …............. | No. of shares Cl................S.S…............S. | |
| Share Certificate{| | ||
| No. | Date........................ |
| From | To |
| …................................. | …................................. |
| …................................. | …................................. |
| …................................. | …................................. |
| …................................. | …................................. |
| …................................. | …................................. |
| …................................. | …................................. |