REGISTERED No. D-( D) -72 रजिस्ट्री सं ० डी-(डी) -72
भारत का राजपत्र The Gazette of Jadia
असाधारण
EXTRAORDINARY
भाग II-खण्ड 1
PART II-Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नं० 71]
No. 7x1
नई दिल्ली, शनिवार, विसम्बर 24, 1977/पौष 3, 1899 NEW DELHI , SATURDAY, DECEMBER 24, 1977 /PAUSA 3 1899
इस भाग में भिम्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation
MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS (Legislative Department )
New Delhi , the 24th December, 1977 / Pausa 3, 1899 ( Saka )
The following Act of Parliament received the assent of the Presi- dent on the 24th December , 1977, and is hereby published for general information : --
THE COMPANIES ( AMENDMENT) ACT, 1977
No. 46 OF 1977
[24th December , 1977]
An Act further to amend the Companies Act, 1956 .
BE it enacted by Parliament in the Twenty-eighth Year of the Republic of India as follows:-
1. This Act may be called the Companies (Amendment ) Act , 1977 . Short title.
1of 1956.
Amend- ment of section 5 of1898.
2 of 1974.
2. In the Companies Act , 1956 ( hereinafter referred to as the principal Act) , in section 10E , in sub- section (4D ) , for the words and figures " Chap- ter XXXV of the Code of Criminal Procedure , 1898 " , the words and figures " Chapter XXVI of the Code of Criminal Procedure , 1973 " shall be substituted
3. In section 58A of the principal Act , after sub - section ( 7 ) , but be- fore the Explanation , the following sub - section shall be inserted, namely
Amend- ment of section 58A
41 of 1974.
" (8 ) The Central Government may , if it considersit necessary for avoiding any hardship or for any other just and sufficient reason , by order , issued either prospectively or retrospectively from a date not earlier than the commencement of the Companies (Amend- ment) Act , 1974, grant extension of time to a company or class of
(489) THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
490
companies to comply with , or exempt any company or class of com- panies from, all or any of the provisions of this section either gene- rally or for any specified period subject to such conditions as may be specified in the order:
Provided that no order under this sub - section shall be issued in relation to a class of companies except after consultation with the Reserve Bank of India." .
Amend- ment of section 108H
54 of 1969 .
4. In section 108H of the principal Act, the words , figures , letters and brackets ' and , any reference in sections 108A, 108B and 108C to " same management " shall be construed as a reference to " same management" as defined in clause ( g) of section 2 of the Monopolies and Restrictive Trade Practices Act , 1969 ' shall be inserted at the end
5. In section 220 of the principal Act,-
Amend- ment of section 220
(1) in sub - section ( 1 ) , after the words " balance sheet and the profit and loss account were so laid" , the words ", or where the annual general meeting of a company for any year has not been held, there shall be filed with the Registrar within thirty days from the latest day on or before which that meeting should have been held in accordance with the provisions of this Act, " shall be inserted;
(21) in sub - section (2 ) , after the words " does not adopt the balance sheet" , the words ", or , if the annual general meeting of a company for any year has not been held, " shall be inserted .
6. In section 293 of the principal Act , in sub- section (1 ) ,in clause (e) , for the words " twenty - five thousand rupees " , the words " fifty thousand rupees " shall be substituted.
Amend- ment of section 293
7. In section 620 of the principal Act, for sub -section (2 ) , the following sub- section shall be substituted and shall be deemed to have been substi- tuted with effect from the 1st day of February , 1975, namely :-
Amend- ment of section 620.
" ( 2 ) A copy of every notification proposed to be issued under sub - section ( 1 ) , shall be laid in draft before each House of Parlia- ment, while it is in session , for a total period of thirty days which may be comprised in one session or in two or more successive ses- sions , and if, before the expiry of the session immediately following the session or the successive sessions aforesaid , both Houses agree in disapproving the issue of the notification or both Houses agree in making any modification in the notification, the notification shall not be issued or , as the case may be. shall be issued only in such modified form as may be agreed upon by both the Houses " .
8. After section 634 of the principal Act, the following section shall be inserted, namely: --
Insertion of new section 634A
Enforce- ment of orders of Company Law Board .
"634A . Any order made by the Company Law Board under sec- tion 17, section 18, section 19, section 79 , section 141 or section 186 may be enforced by that Board in the same manner as if it were a decree made by a Court in a suit pending therein, and it shall be lawful for that Board to send, in the case of its inability to execute such order, to the Court within the local limits of whose jurisdic- tion,-
(a) in the case of an order against a company , the registered office of the company is situated , or SHC . 1 ]
THE GAZETTE OF INDIA EXTRAORDINARY
491
(b) in the case of an order against any other person, the person concerned voluntarily resides , or carries on business or personally works for gain ." .
9. In section 635 of the principal Act , after sub - section ( 3 ) , the follow- ing sub - section shall be inserted , namely .-
Amend- ment of section 635.
" (4) Where any order made by the Company Law Board under section 17 , section 18 , section 19, section 79 or section 186 is required to be enforced by a Court, a certified copy of the order shall be pro- duced to the proper officer of the Court required to enforce the order and the provisions of sub - sections ( 2) and ( 3 ) shall , as far as may be, apply to every such order in the same manner and to the same ex- tent as they apply to an order made by a Court "
S. HARIHARA IVER , Jl . Secy to the Govt of India
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELIII AND PUFLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI , 1977