9.
Custody of books and documents.- (1) The following
persons shall be responsible for the maintenance, preservation
and safe custody of all books and documents relating to the
issue of share certificates except the blank forms of share
certificates referred to in rule 8, namely:-
(a) Omitted vide the Companies (Amendment)
Act, 1969.
(b) Omitted vide the Companies (Amendment)
Act, 1969.
(c) Omitted vide the Companies (Amendment)
Act, 1969.
(d) where the company has a managing director,
the managing director; and
(e) where the company has no managing director,
every director of the company.
(2) All books referred to in sub-rule (1)
shall be preserved in good order permanently, and all certificates
surrendered to a company shall immediately be defaced by the
word "cancelled" being stamped or punched in bold letters
and may be destroyed after the expiry of three years from
the date on which they are surrendered, under the authority
of a resolution of the Board and in the presence of a person
duly appointed by the Board in this behalf:
Provided that nothing in
this sub-rule shall apply to cancellation of the certificates
of security, under sub-section (2) of section 6 of the Depositories
Act, 1996 (22 of 1996), when such certificates are cancelled
in accordance with sub-regulation (5) of regulation 54 of
the Securities and Exchange Board of India (Depositories and
Participants) Regulations, 1996, made under section 30 of
the Securities and Exchange Board of India Act, 1992 (15 of
1992) read with section 25 of the Depositories Act, 1996 (22
of 1996). |
