...a company should have, the articles of a company may prescribe the maximum and the minimum number of directors for its board of directors. A company in a general meeting may by ordinary resolution increase or reduce the number of its directors within the limits fixed in that behalf by its article. A public company or a private company which is a subsidiary of a public company cannot increase the number of directors beyond the permissible maximum under its articles without the approval of the central government. However, no approval of the central government is required if such permissible maximum is twelve or less than twelve, and the increase in the number of its directors does not exceed twelve. Appointment of Directors : Director may be appointed in the following ways: 1. By the articles as regards first directors. 2. By the company in general meeting. 3. By the directors, 4. By third parties 5. By the principle of proportional representation 6. By the central government 1. First directors : The first directors are usually named in the articles. The articles may also provide that both the number and the names of the first directors shall be determined in writing by the subscribers to the memorandum or a majority of them. Where the articles are silent regarding the appointment of directors, the subscribers of the memorandum who are individuals shall be deemed to be the first directors of the company. They shall hold office until the directors are appointed at the first...
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...roles and responsibilities of various authorities involved in land administration. It should be noted that the entire gamut of laws that regulated transactions in land have either been repealed or amended to accommodate these principles of land administration. These laws include the Indian Transfer of Property Act of 1892, the Land Titles Act, the Registered Land Act, and the Government Lands Act, and the Registration of Titles Act. The new laws enacted in their place are: the Land Act (2012), the Land Registration Act, and the National Land Commission Act. Land administration is conducted under the auspices of public administration. Prior to the 2010 Constitution, land administration was handled by the Ministry of Lands as well as the Provincial Administration. The Cok, 2010 envisages that land administration should be streamlined and conducted by a specialized body- the National Land Commission. Drawing from the Sessional Paper No. 3 of 2007, the National Land Commission is expected to implement the land policy in collaboration with relevant state and county authorities. The introduction of devolved governments in Kenya’s Constitution has created a novel mechanism of public administration in Kenya, and with it, complexities regarding the roles and function of various state and county officials. One such office is the Office of County Commissioner, which is established by the National Government Co-ordination Act...
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...Sections 224 Appointment and remuneration of auditors 224A Auditor not to be appointed except with the approval of the company by special resolution in certain cases 225 Provisions as to resolutions for appointing or removing auditors 226 Qualifications and Disqualifications 227 Powers and duties of auditors 228 Audit of accounts of branch office of the co. 229 Signature of audit report 230 Reading and inspection of auditor’s report 231 Right of auditor to attend general meeting 232 Penalty for non compliance with s.225 to 231 233 Penalty for non compliance by auditor with s.227 to 229 233A Power of Central govt. to direct special audit in certain cases 233B Audit of Cost accounts in certain cases Who is eligible to act as auditor of a Company ?? Chartered Accountant Sec 226(1) of Companies Act. Holder of Certificate under part ‘B’ States Act, 1956 Sec 226(2) of Companies Act. Sole Proprietorship Concern a) Member of ICAI b) Holding Certificate of Practice c) Should practice in India Partnership Firm a) All Partners are members of ICAI b) Holding Certificate of practice c) practising in India Disqualification - sec 226(3) * Body Corporate * Employee / officer of the company * Partner/employee of such employee/officer of the company * Any debt due more than Rs. 1000 or security given in favour of a Chartered Accountant for more than Rs. 1000 * Holding shares having voting power. * Disqualified...
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...assigned as a magistrate in the District of Columbia. William Marbury and various others were constituted to government posts made by United States Congress in the last days of President John Adams's administration; merely these eleventh hour appointments were never completely nailed down. The dissatisfied appointees raised an act of US Congress and litigated for their jobs in the Supreme Court.His right originates in an act of congress passed in February, 1801, concerning the district of Columbia. This law enacts, "that there shall be appointed in and for each of the said counties, such number of discreet persons to be justices of the peace as the president of the United States shall, from time to time, think expedient, to continue in office for five years." It appears, from the affidavits, that in compliance with this law, a commission for William Marbury as a justice of peace for the county of Washington, was signed by John Adams, then president of the United States; after which the seal of the United States was affixed to it; but the commission has never reached the person for whom it was made out. In order to determine whether he is entitled to this commission, it becomes necessary to enquire whether he has been appointed to the office. For if he has been appointed, the law continues him in office for five years, and he is entitled to the possession of those evidences of office, which, being completed, became his property. The 2d section of the 2d article of the constitution,...
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...Lasna Kabir Associate Professor, Department of Public Administration University of Dhaka. Submitted by: Mukarram Hussain 1st Year, 2nd Semester Session: 2011-2012 Roll: kj-059 Department of Public Administration University of Dhaka. Date of Submission: October 11, 2012 Introduction: Constitution is the supreme law of a country. Legislative, executive and judiciary are chief organs of the government. According to the theory of separation of power, check and balance between these organs is necessary. In democratic and constitutional system, each body can exercise its power within the boundaries set by the constitution and allows other organs to perform its work freely without interfering in others’ jurisdiction and without being interfered. To prevent the abuse of the state power, and to consolidate the rule of law, besides legislative, executive and judiciary, other constitutional organs are also envisioned in a constitution. Constitutional bodies in Bangladesh: There are some constitutional bodies in Bangladesh. Constitutional bodies are those offices or, persons their establishment, recruitment and retirement follow the rules of law of the constitution. The constitution of Bangladesh contains the provisions or articles defined the rules of establishment of those bodies and the recruitment & retirement of the officials. Some of the constitutional bodies are mentioned here with the recitation of the related articles of the constitution. Public Service...
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...procedure of selection of auditors by the members of the company will be such as may be prescribed. It is a mandatory condition that before such appointment is made, the written consent of the auditor to such appointment, and a certificate from him stating that the appointment, if made, shall be in accordance with the conditions as may be prescribed, shall be obtained from the auditor. Tenure Company can appoint an individual as an auditor for more than one term of five consecutive years and an audit firm as an auditor for more than two terms of five consecutive years. Government Company In a Government company, the Comptroller and Auditor-General of India shall, in respect of a financial year, appoint an auditor duly qualified to be appointed as an auditor of companies under this Act, within a period of one hundred and eighty days from the commencement of the financial year, who shall hold office till the conclusion of the annual general meeting. Eligibility, Qualifications and Disqualifications of...
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...borrowing rate 7.25% Base deposit rate 6.25% Website rbi.org.in Central Board The Reserve Bank's affairs are governed by a central board of directors. The board is appointed by the Government of India in keeping with the Reserve Bank of India Act. * Appointed/nominated for a period of four years * Constitution: * Official Directors * Full-time : Governor and not more than four Deputy Governors * Non-Official Directors * Nominated by Government: ten Directors from various fields and one government Official * Others: four Directors - one each from four local boards Functions : General superintendence and direction of the Bank's affairs Reserve Bank of India regional office, Delhi entrance with the Yakshini sculpture depicting "Prosperity through agriculture".[25] The central bank till now was governed by 21 governors . The 22nd, Current Governor of Reserve Bank of India is D. Subbarao The regional offices of GPO (in white) and RBI (in sandstone) at Dalhousie Square, Kolkata. delhi bangalore Functions [edit] Monetary authority The Reserve Bank of India is the main monetary authority of the country and beside that the central bank acts as the bank of the national and state governments. It formulates, implements and monitors the monetary policy as well as it has to ensure an adequate flow of credit to productive sectors. Objectives are...
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...The Supreme Court and Judicial Review Should the Supreme Court's power of judicial review be strictly limited by a constitutional amendment? Yes, the Supreme Court’s power of judicial review should be strictly limited to the constitution; because their judicial power is in all cases, in law and equity, arising under the constitution. Meaning they are over stepping their initial jurisdiction and have been given the power to have judicial reviews, even though it’s unconstitutional. The only power the Supreme Court is supposed to have is; all cases affecting ambassadors, or the public ministers and consuls, and those in which a state shall be party in the Supreme Court shall have original jurisdiction as stated in article III section 2 of the constitution. The Supreme Court is supposed to be the weakest of the three branches of government. The legislative, and executive branches are supposed to control the judiciary branch, even the states are supposed to have more say than the court. But they have been made more powerful and they are telling the legislative and executive branches what to do. There is no such system of checks and balances any more that protect the states and people when most government branches, are acting in cohorts with one another, eroding and destroying the rights and powers of the states and we the people. Even if the system was working right; who is watching and how will they stop the court from being unconstitutional? Every time the court holds judicial...
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...Marbury v. Madison John Adams appointed several new justices of the peace before he was to leave office, and the commissions had to be delivered to have effect. Adams gave the task to his Secretary of State, John Marshall, to deliver the commissions, but it was soon recognized it would be impossible to deliver them all in time. It was vital they were delivered before Adams left office, or else they would become null and void. Marshall, when he was appointed Chief Justice, assumed the new Secretary of State, James Madison, would deliver the rest. However, Madison had not arrived to his post when Marshall left, and not all the commissions were delivered on time. Marbury was one of the men who didn’t receive his commission, yet still demanded...
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...08 Fall How governments are formed There are no codified rules in the UK to state how government is formed, in theory it is in the hands of the monarch – up until the 19thCentury this was largely a reality. However the monarch no longer plays any active role in this process. The party that wins a majority of seats in the House of Commons after a general election, its leader will be invited by the monarch to form a government. 2010 Coalition * Conservatives were longest party in HoC but failed to win overall majority * Labour negotiated a coalition with LibDems and later the LibDems negotiated with both main parties for a coalition * Labour and LibDem did not make an overall majority * Gordon Brown later resigned and advised the Queen to ask Cameron to form a government either as a minority or in coalition with LibDems. * Cameron accepted and formed coalition with LibDem ‘The Government’ 25 members are members of the HoL and 90 are MPs. MPs that are from the party that is in government ate not members of government! They are known as backbenchers and the members of government are known as frontbenchers. All members of government are appointed by the PM. The cabinet (22-23 members) meet regularly. Ministerial selection The PM must weigh up the qualities of individuals against the political consequences of appointing them. Qualities that ideal ministers should possess: * Must be politically reliable * Must have potential ...
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...Bangladesh shall be known as Bangalees as a nation and citizens of Bangladesh shall be known as Bangladeshis 6. Inserted articles 7A and 7B in the Constitution after Article 7 in a bid to end takeover of power through extra-constitutional means 7. Basic provisions of the constitution are not amendable 8. In the case of a dissolution Parliament by any reason, election should be held within 90 days of such dissolution 9. Increasing the number of women reserve seats to 50 from existing 45. 10. The Supreme Command of the defense services shall vest in the President and the exercise thereof shall be regulated by law. 11. The Chief Justice shall be appointed by the President, and the other judges shall be appointed by the President in consultation with the Chief Justice. 12. The portrait of the Father of the nation Bangbandhu Sheikh Mujibur Rahman shall be preserved and display at the offices of the President, the Prime Minister, the Speaker, and the Chief Justice and in head and branch offices of all government and semi-government offices, autonomous bodies, statutory public authorities, government and non-government educational institutions, embassies and missions of Bangladesh abroad. 13. Incorporation of historic speech of the Father of the Nation Bangabandhu Sheikh Mujibur Rahman on March 7, 1971, declaration of independence by Bangabandhu after midnight of March 25, 1971 and the proclamation of Independence declared at Mujibnagar on April...
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...Bangladesh shall be known as Bangalees as a nation and citizens of Bangladesh shall be known as Bangladeshis 6. Inserted articles 7A and 7B in the Constitution after Article 7 in a bid to end takeover of power through extra-constitutional means 7. Basic provisions of the constitution are not amendable 8. In the case of a dissolution Parliament by any reason, election should be held within 90 days of such dissolution 9. Increasing the number of women reserve seats to 50 from existing 45. 10. The Supreme Command of the defense services shall vest in the President and the exercise thereof shall be regulated by law. 11. The Chief Justice shall be appointed by the President, and the other judges shall be appointed by the President in consultation with the Chief Justice. 12. The portrait of the Father of the nation Bangbandhu Sheikh Mujibur Rahman shall be preserved and display at the offices of the President, the Prime Minister, the Speaker, and the Chief Justice and in head and branch offices of all government and semi-government offices, autonomous bodies, statutory public authorities, government and non-government educational institutions, embassies and missions of Bangladesh abroad. 13. Incorporation of historic speech of the Father of the Nation Bangabandhu Sheikh Mujibur Rahman on March 7, 1971, declaration of independence by Bangabandhu after midnight of March 25, 1971 and the proclamation of Independence declared at Mujibnagar on April 10,...
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...Introduction: A governor (from French gouverneur) is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state. In federations, a governor may be the title of each appointed or elected politician who governs a constituent state. In countries the heads of the constitutive states, provinces, communities and regions may be titled Governor, although this is less common in parliamentary systems such as in some European nations and many of their former colonies, which use titles such as President of the Regional Council in France and Minister-President in Germany, where in some states there are governorates (German: Regierungsbezirke) as sub-state administrative regions. Other countries using different titles for sub-national units include Spain and Switzerland. The title also lies, historically, to executive officials acting as representatives of a chartered company which has been granted exercise of sovereignty in a colonial area, such as the British HEIC or the Dutch VOC. These companies operate as a major state within a state with its own armed forces. There can also be non-political governors: high ranking officials in private or similar governance such as commercial and non-profit management, styled governor(s), who simply govern an institution, such as a corporation or a bank. For example, in the United Kingdom and other Commonwealth countries there are prison governors ("warden" in the United States), school governors...
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...adopted in 1787, the Preamble to the Constitution establishes the government in which we have set up today. This document called for a “republican form of government”, or what today we would call a representative democracy. Though our government is a form of democracy, it was not always this way. In 1760 colonial America, the colonies were lacking certain democratic principles, and therefore I would consider the colonies not to have been a democracy. If you ask 100 different people what their definition of democracy is, you will probably get 100 different answers. In my mind, I would describe democracy as government by the people, for the people. I would say that a democracy’s decisions should be made for the best interest of the vast majority of the population. Those decisions could be achieved in a direct or representative democracy, as long it does in fact benefit the majority. I believe that everybody should get a say. Everybody should get to vote- regardless of education, background, or ethnicity. Government by the people for the people, for the best interest of the people, is how I would define democracy. Now, taking into account my definition of democracy, when asked if the colonies had become democratic by 1760, I would most certainly have to say no. Eight of the colonies at the time were royal colonies in which the English government had chosen their governors. In these colonies England even appointed the upper house of the colonies legislative colonies. In addition...
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...Constitutional convention to talk and construct a government to maintain law and order. In October 1849 a California State Constitution was adopted, outlining founding principles as a territory. Once California became a State in 1850 the newly adopted Constitution remained in place up to present day. ("Teachergenius", 2012). The California Constitution is similar in many ways to the United States Constitution. Example of this is; Article III California Constitution divided State Government into three branches: Legislative, Executive, and Judicial, the same as the U.S. Constitution. ("Teachergenius", 2012). There also are many differences between the two Constitutions. First; the California Constitution allows the Governor to line veto bills that have been submitted for approval, this means that the governor can accept some parts of the bill and delete other parts, and the President of the United States can only veto the entire bill. ("National Constitution Center", 2012). Second difference is; the Lieutenant Governor, which is equivalent to the U.S. Vice President, is elected by the voters separately from the State Governor, according to Article V (Executive Department). In the U.S. Constitution the President and Vice President run on the same ticket together and are elected by the electoral as a pair. ("National Constitution Center", 2012). The third difference is that within the judicial branch of the California Government (Article VI Judicial Department), Judges...
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