9APower of recognised association to make rules respecting grouping of members, restricting voting rights, etc., in special cases
1[9A. Power of recognised association to make rules respecting grouping of members, restricting voting rights, etc., in special cases.--(1) A recognised association may make rules or amend any rules made by it to provide for all or any of the following matters namely,--
2[(a) the admission of a firm or a Hindu undivided family as a member,]
3[(b)] the grouping of the members of the association according to functional or local interests, the reservation of seats on its governing body for members belonging to each group and appointment of members to such reserved seats--
(i) by election exclusively by the members of the association from among persons chosen by the members belonging to the group concerned;
(ii) by election by all the members of the association;
(iii) by election by all the members belonging to the group concerned for the purpose;
3[(c)] the restriction of voting rights in respect of any matter placed before the association at any meeting to those members only who, by reason of their functional or local interests, are actually interested in such matter,
3[(d)] the regulation of voting rights in respect of any matter placed before the association at any meeting so that each member may be entitled to have one vote only, irrespective of his share of the paid-up equity capital of the association;
3[(e)] the restriction on the right of a member to appoint another person as his proxy to attend and vote at a meeting of the association;
4[(f)] the retirement at every annual general meeting of all directors or such number or proportion of their total number as may be specified in the rules;]
3[(g)] such incidental, consequential and supplementary matters as may be necessary to give effect to any of the matters specified in 5[clauses (a) to (f).]
(2) No rules of a recognised association made or amended in relation to any matter referred to in 6[clauses (a) to (g)] of sub-section (1) shall have effect until they have been approved by the Central Government and published by that Government in the Official Gazette and, in approving the rules so made or amended, the Central Government may make such modifications therein as it thinks fit, and on such publication, the rules as approved by the Central Government shall be deemed to have been validly made, notwithstanding anything to the contrary contained in the Companies Act, 1956 (1 of 1956).
(3) Where, before the commencement of the Forward Contracts (Regulation) Amendment Act, 1957 (3 of 1957), any rules have been made or amended in relation to any matter referred to in 7[clauses (b) to (e) and (g)] of sub-section (1), the rules so made or amended shall not be deemed to be invalid or ever to have been invalid merely by reason of the fact that the rules so made or amended are repugnant to any of the provisions of the Companies Act, 1956 (1 of 1956).]
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1. Ins. by Act 32 of 1957, s. 2, for section 9A (w.e.f. 17-9-1957)
2. Ins. by s. 2, ibid. (w.e.f. 17-9-1957).
3. Clauses (a), (b), (c), (d) and (e) re-lettered as clauses (b), (c), (d), (e) and (g) Act by 62 of 1960, s. 9 (w.e.f. 28-12-1960).
4. Ins. by s. 9, ibid. (we.f. 28-12-1960).
5. Subs. by s. 9, ibid., for "clauses (a), (b), (c) and (d)" (w.e.f. 28-12-1960).
6. Subs. by s. 9, ibid., for "clauses (a) to (e)@/"i@ (w.e.f. 28-12-1960).
7. Subs. by Act 62 of 1960, s. 9, for "clauses (a) to (e)" (w.e.f. 281-12-1960).
- 1 Short title, extent and commencement
- 2 Definitions
- 3 Establishment and constitution of the Forward Markets Commission
- 4 Functions of the Commission
- 4A Powers of the Commission
- 5 Application for recognition of associations
- 6 Grant of recognition to association
- 7 Withdrawal of recognition
- 8 Power of Central Government to call for periodical returns or direct inquiries to be made
- 9 Furnishing of annual reports to the Central Government by recognised associations
- 9A Power of recognised association to make rules respecting grouping of members, restricting voting rights, etc., in special cases
- 10 Power of Central Government to direct rules to be made or to make rules
- 11 Power of recognised association to make bye-laws
- 12 Power of Central Government to make or amend bye-laws of recognised associations
- 12A Application of amendment of bye-laws to existing forward contracts
- 12B Power of Commission to suspend member of recognised association or to prohibit him from trading
- 13 Power of Central Government to supersede governing body of recognised association
- 14 Power to suspend business of recognised association
- 14A Certificate of registration to be obtained by all associations
- 14B Grant or refusal of certificate of registration
- 14C Application of sections 8 and 12B to registered associations
- 15 Forward contracts in notified goods illegal or void in certain circumstances
- 16 Consequences of notification under section 15
- 17 Power to prohibit forward contracts in certain cases
- 18 Special provisions respecting certain kinds of forward contracts
- 19 Prohibition of options in goods
- 20 Penalties
- 21 Penalty for owning or keeping place used for entering into forward contracts in goods
- 21A Power of court to order forfeiture of property
- 22 Offences by companies
- 22A Power to search and seize books of account or other documents
- 22B Presumptions to be drawn in certain cases
- 23 Certain offences to be cognizable
- 24 Jurisdiction to try offences under this Act
- 25 Advisory committee
- 26 Power to delegate
- 27 Power to exempt
- 27A Protection of action taken in good faith
- 28 Power to make rules
- 28A Savings of recognised associations
- 29 Repeals and savings
- 29A Repeal and savings
- 29B Transfer and vesting of undertaking of Commission