¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ ¦ÉÉMÉ ºÉ½þÉ, MÉÖ¯û´ÉÉ®ú iÉä ¤ÉÖvÉ´ÉÉ®ú, ¡äò¥ÉÖ´ÉÉ®úÒ 7-13, 2019/¨ÉÉPÉ 18-24, ¶ÉEäò 1940

1

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ

¦ÉÉMÉ ºÉ½þÉ

´É¹ÉÇ 5, +ÆEòú 2]

MÉÖ¯û´ÉÉ®ú iÉä ¤ÉÖvÉ´ÉÉ®ú, ¡äò¥ÉÖ´ÉÉ®úÒ 7-13, 2019/¨ÉÉPÉ 18-24, ¶ÉEäò 1940

[{ÉÞ¹`ä 11, ËEò¨ÉiÉ : ¯û{ɪÉä 14.00

|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ

ºÉƺÉnäùSÉä +ÊvÉÊxÉªÉ¨É ´É ®úɹ]Åõ{ÉiÉÓxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É

PAGES

(1)

¦ÉÉMÉ ºÉ½þÉ--1

RNI No. MAHBIL /2012/46128

2

4

5

+xÉÖGò¨ÉÊhÉEòÉ

CENTRAL ORDINANCE No. 1 OF 2019.—The Muslim Women (Protection of Rights on

Marriage) Ordinance, 2019.

CENTRAL ORDINANCE No. 2 OF 2019.—The Indian Medical Council (Amendment)

Ordinance, 2019.

CENTRAL ORDINANCE No. 3 OF 2019.—The Companies (Amendment) Ordinance, 2019

LAW AND JUDICIARY DEPARTMENT

Madam Cama Marg, Hutatma Rajguru Chowk, Mantralaya,

Mumbai 400 032, dated the 28th January 2019.

No. 05/Reprint/O/B.—The following Ordinances promulgated by the President are hereby republished

for general information :—

2

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ ¦ÉÉMÉ ºÉ½þÉ, MÉÖ¯û´ÉÉ®ú iÉä ¤ÉÖvÉ´ÉÉ®ú, ¡äò¥ÉÖ´ÉÉ®úÒ 7-13, 2019/¨ÉÉPÉ 18-24, ¶ÉEäò 1940

MINISTRY OF LAW AND JUSTICE

(LEGISLATIVE DEPARTMENT)

New Delhi, the 12th January 2019/Pausha 22, 1940 (Saka)

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ORDINANCE, 2019

(No. 1 of 2019)

Promulgated by the President in the Sixty-ninth year of the Republic of India.

An Ordinance to protect the rights of married Muslim women and to prohibit divorce by pronouncing

talaq by their husbands and for matters connected therewith or incidental thereto ;

WHEREAS the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 was promulgated

by the President on the 19th day of September, 2018 ;

AND WHEREAS the Muslim Women (Protection of Rights on Marriage) Bill, 2018 replacing the said

Ordinance was passed by the House of the People on the 27th day of December, 2018 and is pending

in the Council of States ;

AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist

which render it necessary for him to take immediate action ;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution,

the President is pleased to promulgate the following Ordinance :—

CHAPTER I

PRELIMINARY.

1.

Short title, extent and commencement.—(1) This Ordinance may be called the Muslim Women

(Protection of Rights on Marriage) Ordinance, 2019.

(2) It shall extend to the whole of India except the State of Jammu and Kashmir.

(3) It shall be deemed to have come into force on the 19th day of September, 2018.

2.

Definitions.—In this Ordinance, unless the context otherwise requires,—

(a) “electronic form” shall have the same meaning as signed to it in clause (r) of sub-section (1) of

section 2 of the Information Technology Act, 2000 (21 of 2000) ;

(b) “talaq” means talaq-e-biddat or any other similar form of talaq having the effect of

instantaneous and irrevocable divorce pronounced by a Muslim husband ; and

(c) “Magistrate” means a Judicial Magistrate of the first class exercising jurisdiction under the

Code of Criminal Procedure, 1973 (2 of 1974), in the area where the married Muslim woman resides.

CHAPTER II

DECLARATION OF TALAQ TO BE VOID AND ILLEGAL.

3.

Talaq to be void and illegal.—Any pronouncement of talaq by a Muslim husband upon his wife,

by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void

and illegal.

4.

Punishment for pronouncing talaq.—Any Muslim husband who pronounces talaq referred to in

section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years,

and shall also be liable to fine.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ ¦ÉÉMÉ ºÉ½þÉ, MÉÖ¯û´ÉÉ®ú iÉä ¤ÉÖvÉ´ÉÉ®ú, ¡äò¥ÉÖ´ÉÉ®úÒ 7-13, 2019/¨ÉÉPÉ 18-24, ¶ÉEäò 1940

3

CHAPTER III

PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN

5.

Subsistence allowance.—Without prejudice to the generality of the provisions contained in any

other law for the time being in force, a married Muslim woman upon whom talaq is pronounced shall be

entitled to receive from her husband such amount of subsistence allowance for her and dependent children

as may be determined by the Magistrate.

6.

Custody of minor children.—Notwithstanding anything contained in any other law for the time

being in force, a married Muslim woman shall be entitled to custody of her minor children in the event of

pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate.

7.

Offence to be cognizable, compoundable, etc.—Notwithstanding anything contained in the Code

of Criminal Procedure, 1973 (2 of 1974),—

(a) an offence punishable under this Ordinance shall be cognizable, if information relating to

the commission of the offence is given to an officer in charge of a police station by the married

Muslim woman upon whom talaq is pronounced or any person related to her by blood or marriage ;

(b) an offence punishable under this Ordinance shall be compoundable, at the instance of the

married Muslim women upon whom talaq is pronounced with the permission of the Magistrate, on

such terms and conditions as he may determine ;

(c) no person accused of an offence punishable under this Ordinance shall be released on

bail unless the Magistrate, on an application filed by the accused and after hearing the married Muslim

woman upon whom talaq is pronounced, is satisfied that there are reasonable grounds for granting

bail to such person.

8.

Repeal and Savings.—(1) The Muslim Women (Protection of Rights on Marriage) Ordinance,

2018 (Ord. 7 of 2018) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Muslim Women

(Protection of Rights on Marriage) Ordinance, 2018 (Ord. 7 of 2018) shall be deemed to have been done

or taken under the provisions of this Ordinance.

RAM NATH KOVIND,

President.

DR. G. NARAYANA RAJU,

Secretary to the Government of India.

4

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ ¦ÉÉMÉ ºÉ½þÉ, MÉÖ¯û´ÉÉ®ú iÉä ¤ÉÖvÉ´ÉÉ®ú, ¡äò¥ÉÖ´ÉÉ®úÒ 7-13, 2019/¨ÉÉPÉ 18-24, ¶ÉEäò 1940

MINISTRY OF LAW AND JUSTICE

(LEGISLATIVE DEPARTMENT)

New Delhi, the 12th January, 2019/Pausha 22, 1940 (Saka)

THE INDIAN MEDICAL COUNCIL (AMENDMENT) ORDINANCE, 2019

(No. 2 of 2019)

Promulgated by the President in the Sixty-ninth year of the Republic of India.

An Ordinance further to amend the Indian Medical Council Act, 1956

WHEREAS the Indian Medical Council (Amendment) Ordinance, 2018 was promulgated by the President

on the 26th day of September, 2018 ;

AND WHEREAS the Indian Medical Council (Amendment) Bill, 2018, to replace the Indian Medical Council

(Amendment) Ordinance, 2018, has been passed by the House of the People and is pending in the Council

of States ;

AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist

which render it necessary for him to take immediate action ;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution,

the President is pleased to promulgate the following Ordinance :—

1.

Short title and commencement.—(1) This Ordinance may be called the Indian Medical Council

(Amendment) Ordinance, 2019.

(2) (A) The provisions of this Ordinance shall, except sub-clause (i) of clause (c) of section 2, be

deemed to have come into force on the 26th day of September, 2018 ; and

(B) sub-clause (i) of clause (c) of section 2 shall come into force at once.

2.

Amendment of section 3A.—In section 3A of the Indian Medical Council Act, 1956

(102 of 1956),—

(a)

in sub-section (1), for the words, brackets and figures “Indian Medical Council

(Amendment) Act, 2010”, the words, brackets and figures “Indian Medical Council (Amendment)

Ordinance, 2019” shall be substituted ;

(b)

in sub-section (2), for the words “three years”, the words “one year” shall be substituted ;

(c)

in sub-section (4),—

(i) for the words “seven persons”, the words “twelve persons” shall be substituted ;

(ii) for the words “and medical education”, the words “and medical education or proven

administrative capacity and experience” shall be substituted ;

(d)

after sub-section (7), the following sub-section shall be inserted, namely :—

“(7A) The Board of Governors shall be assisted by a Secretary General who shall be

appointed by the Central Government on deputation or contract basis and he shall be the head

of the secretariat in the Council.”.

3.

Repeal and savings.—(1) The Indian Medical Council (Amendment) Ordinance, 2018 (Ord. 8

of 2018) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action, taken under the Indian Medical Council

Act, 1956 (102 of 1956) as amended by the said Ordinance, shall be deemed to have been done or

taken under the corresponding provisions of the said Act, as amended by this Ordinance.

RAM NATH KOVIND,

President.

DR. G. NARAYANA RAJU,

Secretary to the Government of India.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ ¦ÉÉMÉ ºÉ½þÉ, MÉÖ¯û´ÉÉ®ú iÉä ¤ÉÖvÉ´ÉÉ®ú, ¡äò¥ÉÖ´ÉÉ®úÒ 7-13, 2019/¨ÉÉPÉ 18-24, ¶ÉEäò 1940

5

MINISTRY OF LAW AND JUSTICE

(LEGISLATIVE DEPARTMENT)

New Delhi, the 12th January, 2019/Pausha 22, 1940 (Saka)

THE COMPANIES (AMENDMENT) ORDINANCE, 2019

(No. 3 of 2019)

Promulgated by the President in the Sixty-ninth year of the Republic of India.

An Ordinance further to amend the Companies Act, 2013.

WHEREAS the Companies (Amendment) Ordinance, 2018 was promulgated by the President on the

2nd day of November, 2018 ;

AND WHEREAS the Companies (Amendment) Bill, 2019 to replace the Companies (Amendment)

Ordinance, 2018 has been passed by the House of People on the 4th day of January, 2019 and is pending

in the Council of States ;

AND WHEREAS the Companies (Amendment) Bill, 2019 could not be taken up for consideration and

passing in the Council of States ;

AND WHEREAS the Companies (Amendment) Ordinance, 2018 will cease to operate on the 21st day

of January, 2019 ;

AND WHEREAS it is considered necessary to give continued effect to the provisions of the Companies

(Amendment) Ordinance, 2018 ;

AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist

which render it necessary for him to take immediate action ;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution,

the President is pleased to promulgate the following Ordinance :—

1.

Short title and commencement.—(1) This Ordinance may be called the Companies (Amendment)

Ordinance, 2019.

(2) It shall be deemed to have come into force on the 2nd day of November, 2018.

2.

Amendment of section 2.—In section 2 of the Companies Act, 2013 (hereinafter referred to as

the principal Act), in clause (41),—

(a) for the first proviso, the following provisos shall be substituted, namely :—

“Provided that where a company or body corporate, which is a holding company or a

subsidiary or associate company of a company incorporated outside India and is required to

follow a different financial year for consolidation of its accounts outside India, the Central

Government may, on an application made by that company or body corporate in such form

and manner as may be prescribed, allow any period as its financial year, whether or not that

period is a year :

Provided further that any application pending before the Tribunal as on the date of

commencement of the Companies (Amendment) Ordinance, 2019, shall be disposed of by the

Tribunal in accordance with the provisions applicable to it before such commencement.” ;

(b) in the second proviso, for the words “Provided further that”, the words “Provided also that”

shall be substituted.

3.

Insertion of new section 10A.—After section 10 of the principal Act, the following section shall

be inserted, namely :—

“10A.

Commencement of business, etc.—(1) A company incorporated after the

commencement of the Companies (Amendment) Ordinance, 2019 and having a share capital shall

not commence any business or exercise any borrowing powers unless—

(a) a declaration is filed by a director within a period of one hundred and eighty days of

the date of incorporation of the company in such form and verified in such manner as may be

prescribed, with the Registrar that every subscriber to the memorandum has paid the value of

the shares agreed to be taken by him on the date of making of such declaration ; and

¦ÉÉMÉ ºÉ½þÉ--2

6

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ ¦ÉÉMÉ ºÉ½þÉ, MÉÖ¯û´ÉÉ®ú iÉä ¤ÉÖvÉ´ÉÉ®ú, ¡äò¥ÉÖ´ÉÉ®úÒ 7-13, 2019/¨ÉÉPÉ 18-24, ¶ÉEäò 1940

(b) the company has filed with the Registrar a verification of its registered office as provided

in sub-section (2) of section 12.

(2) If any default is made in complying with the requirements of this section, the company shall

be liable to a penalty of fifty thousand rupees and every officer who is in default shall be liable to a

penalty of one thousand rupees for each day during which such default Continues but not exceeding

an amount of one lakh rupees.

(3) Where no declaration has been filed with the Registrar under clause (a) of sub-section (1)

within a period of one hundred and eighty days of the date of incorporation of the company and the

Registrar has reasonable cause to believe that the company is not carrying on any business or

operations, he may, without prejudice to the provisions of sub-section (2), initiate action for the

removal of the name of the company from the register of companies under Chapter XVIII.

4.

Amendment of section 12.—In section 12 of the principal Act, after sub-section (8), the following

sub-section shall be inserted, namely :—

“(9) If the Registrar has reasonable cause to believe that the company is not carrying on any

business or operations, he may cause a physical verification of the registered office of the company

in such manner as may be prescribed and if any default is found to be made in complying with the

requirements of sub-section (1), he may without prejudice to the provisions of sub-section (8), initiate

action for the removal of the name of the company from the register of companies under Chapter

XVIII.”.

5.

Amendment of section 14.—In section 14 of the principal Act,—

(i) in sub-section (1), for the second proviso, the following provisos shall be substituted,

namely :—

“Provided further that any alteration having the effect of conversion of a public company

into a private company shall not be valid unless it is approved by an order of the Central

Government on an application made in such form and manner as may be prescribed :

Provided also that any application pending before the Tribunal, as on the date of

commencement of the Companies (Amendment) Ordinance, 2019, shall be disposed of by the

Tribunal in accordance with the provisions applicable to it before such commencement.” ;

(ii) in sub-section (2), for the word “Tribunal”, the words “Central Government” shall be

substituted.

6.

Amendment of section 53.—In section 53 of the principal Act, for sub-section (3), the following

sub-section shall be substituted, namely :—

“(3) Where any company fails to comply with the provisions of this section, such company

and every officer who is in default shall be liable to a penalty which may extend to an amount equal

to the amount raised through the issue of shares at a discount or five lakh rupees, whichever is

less, and the company shall also be liable to refund all monies received with interest at the rate of

twelve per cent. per annum from the date of issue of such shares to the persons to whom such

shares have been issued.”.

7.

Amendment of section 64.—In section 64 of the principal Act, for sub-section (2), the following

sub-section shall be substituted, namely :—

“(2) Where any company fails to comply with the provisions of sub-section (1), such company

and every officer who is in default shall be liable to a penalty of one thousand rupees for each day

during which such default continues, or five lakh rupees whichever is less.”.

8.

Amendment of section 77.—In section 77 of the principal Act, in sub-section (1), for the first

and second provisos, the following provisos shall be substituted, namely :—

“Provided that the Registrar may, on an application by the company, allow such registration to

be made—

(a) in case of charges created before the commencement of the Companies (Amendment)

Ordinance, 2019, within a period of three hundred days of such creation ; or

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ ¦ÉÉMÉ ºÉ½þÉ, MÉÖ¯û´ÉÉ®ú iÉä ¤ÉÖvÉ´ÉÉ®ú, ¡äò¥ÉÖ´ÉÉ®úÒ 7-13, 2019/¨ÉÉPÉ 18-24, ¶ÉEäò 1940

7

(b) in case of charges created on or after the commencement of the Companies

(Amendment) Ordinance, 2019, within a period of sixty days of such creation,

on payment of such additional fees as may be prescribed :

Provided further that, if the registration is not made within the period specified—

(a) in clause (a) to the first proviso, the registration of the charge shall be made within six months

from the date of commencement of the Companies (Amendment) Ordinance, 2019, on payment of

such additional fees as may be prescribed and different fees may be prescribed for different classes

of companies ;

(b) in clause (b) to the first proviso, the Registrar may, on an application, allow such registration

to be made within a further period of sixty days after payment of such ad valorem fees as may be

prescribed.”.

9.

Amendment of section 86.—Section 86 of the principal Act shall be numbered as sub-section

(1) thereof and after sub-section (1) as so numbered, the following sub-section shall be inserted,

namely :—

“(2) If any person wilfully furnishes any false or incorrect information or knowingly suppresses

any material information, required to be registered in accordance with the provisions of section 77,

he shall be liable for action under section 447.”.

10.

Substitution of new section for section 87.—For section 87 of the principal Act, the following

section shall be substituted, namely :—

“87.

Rectification by Central Government in Register of charges.—The Central Government

on being satisfied that—

(a) the omission to give intimation to the Registrar of the payment or satisfaction of a

charge, within the time required under this Chapter ; or

(b) the omission or mis-statement of any particulars, in any filing previously made to the

Registrar with respect to any charge or modification thereof or with respect to any memorandum

of satisfaction or other entry made in pursuance of section 82 or section 83,

was accidental or due to inadvertence or some other sufficient cause or it is not of a nature to

prejudice the position of creditors or shareholders of the company, it may, on the application of the

company or any person interested and on such terms and conditions as it deems just and expedient,

direct that the time for the giving of intimation of payment or satisfaction shall be extended or, as

the case may require, that the omission or mis-statement shall be rectified.”.

11.

Amendment of section 90.—In section 90 of the principal Act,—

(i) for sub-section (9), the following sub-section shall be substituted, namely :—

“(9) The company or the person aggrieved by the order of the Tribunal may make an

application to the Tribunal for relaxation or lifting of the restrictions placed under sub-section

(8), within a period of one year from the date of such order :

Provided that if no such application has been filed within a period of one year from the

date of the order under sub-section (8), such shares shall be transferred,without any restrictions,

to the authority constituted under sub-section (5) of section 125, in such manner as may be

prescribed ;

(ii) in sub-section (10),—

(a) after the word “punishable”, the words “with imprisonment for a term which may extend to

one year or”, shall be inserted ;

(b) after the words “ten lakh rupees”, the words “or with both” shall be inserted ;

12.

Amendment section 92.—In section 92 of the principal Act, for sub-section (5), the following

sub-section shall be substituted, namely :—

“(5) If any company fails to file its annual return under sub-section (4), before the expiry of the

period specified therein, such company and its every officer who is in default shall be liable to a

¦ÉÉMÉ ºÉ½þÉ--2+

8

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ ¦ÉÉMÉ ºÉ½þÉ, MÉÖ¯û´ÉÉ®ú iÉä ¤ÉÖvÉ´ÉÉ®ú, ¡äò¥ÉÖ´ÉÉ®úÒ 7-13, 2019/¨ÉÉPÉ 18-24, ¶ÉEäò 1940

penalty of fifty thousand rupees and in case of continuing failure, with a further penalty of one hundred

rupees for each day during which such failure continues, subject to a maximum of five lakh rupees.”.

13.

Amendment of section 102.—In section 102 of the principal Act, for sub-section (5), the

following sub-section shall be substituted, namely :—

“(5) Without prejudice to the provisions of sub-section (4), if any default is made in complying

with the provisions of this section, every promoter, director, manager or other key managerial

personnel of the company, who is in default shall be liable to a penalty of fifty thousand rupees or

five times the amount of benefit accruing to the promoter, director, manager or other key managerial

personnel or any of his relatives, whichever is higher.”.

14.

Amendment of section 105.—In section 105 of the principal Act, in sub-section (3), for the

words “punishable with fine which may extend to five thousand rupees”, the words “liable to a penalty of

five thousand rupees” shall be substituted.

15.

Amendment of section 117.—In section 117 of the principal Act, for sub-section (2), the

following sub-section shall be substituted, namely :—

“(2) If any company fails to file the resolution or the agreement under sub-section (1) before

the expiry of the period specified therein, such company shall be liable to a penalty of one lakh

rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day

after the first during which such failure continues, subject to a maximum of twenty-five lakh rupees

and every officer of the company who is in default including liquidator of the company, if any, shall

be liable to a penalty of fifty thousand rupees and in case of continuing failure, with a further penalty

of five hundred rupees for each day after the first during which such failure continues, subject to a

maximum of five lakh rupees.”.

16.

Amendment of section 121.—In section 121 of the principal Act, for sub-section (3), the

following sub-section shall be substituted, namely :—

“(3) If the company fails to file the report under sub-section (2) before the expiry of the period

specified therein, such company shall be liable to a penalty of one lakh rupees and in case of

continuing failure, with a further penalty of five hundred rupees for each day after the first during

which such failure continues, subject to a maximum of five lakh rupees and every officer of the

company who is in default shall be liable to a penalty which shall not be less than twenty-five thousand

rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day

after the first during which such failure continues, subject to a maximum of one lakh rupees.”.

17.

Amendment of section 137.—In section 137 of the principal Act, in sub-section (3),—

(a) for the words “punishable with fine”, the words “liable to a penalty” shall be substituted ;

(b) for the portion beginning with “punishable with imprisonment”, and ending with “five lakh

rupees or with both”, the words “shall be liable to a penalty of one lakh rupees and in case of

continuing failure, with a further penalty of one hundred rupees for each day after the first during

which such failure continues, subject to a maximum of five lakh rupees” shall be substituted.

18.

Amendment section 140.—In section 140 of the principal Act, for sub-section (3), the following

sub-section shall be substituted, namely :—

“(3) If the auditor does not comply with the provisions of sub-section (2), he or it shall be liable

to a penalty of fifty thousand rupees or an amount equal to the remuneration of the auditor, whichever

is less, and in case of continuing failure, with a further penalty of five hundred rupees for each day

after the first during which such failure continues, subject to a maximum of five lakh rupees.”.

19.

Amendment section 157.—In section 157 of the principal Act, for sub-section (2), the following

sub-section shall be substituted, namely :—

“(2) If any company fails to furnish the Director Identification Number under sub-section (1),

such company shall be liable to a penalty of twenty-five thousand rupees and in case of continuing

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ ¦ÉÉMÉ ºÉ½þÉ, MÉÖ¯û´ÉÉ®ú iÉä ¤ÉÖvÉ´ÉÉ®ú, ¡äò¥ÉÖ´ÉÉ®úÒ 7-13, 2019/¨ÉÉPÉ 18-24, ¶ÉEäò 1940

9

failure, with a further penalty of one hundred rupees for each day after the first during which such

failure continues, subject to a maximum of one lakh rupees, and every officer of the company who

is in default shall be liable to a penalty of not less than twenty-five thousand rupees and in case of

continuing failure, with a further penalty of one hundred rupees for each day after the first during

which such failure continues, subject to a maximum of one lakh rupees.”.

20.

Substitution of new section for section 159.—For section 159 of the principal Act, the following

section shall be substituted, namely :—

“159.

Penalty for default of certain provisions—If any individual or director of a company

makes any default in complying with any of the provisions of section 152, section 155 and section

156, such individual or director of the company shall be liable to a penalty which may extend to fifty

thousand rupees and where the default is a continuing one, with a further penalty which may extend

to five hundred rupees for each day after the first during which such default continues.”.

21.

Amendment of section 164.—In section 164 of the principal Act, in sub-section (1), after clause

(h), the following clause shall be inserted, namely :—

“(i) he has not complied with the provisions of sub-section (1) of section 165.”.

22.

Amendment of section 165.—In section 165 of the principal Act, in sub-section (6), for the

portion beginning with “punishable with fine” and ending with “contravention continues”, the words “liable

to a penalty of five thousand rupees for each day after the first during which such contravention continues”

shall be substituted.

23.

Amendment of section 191.—In section 191 of the principal Act, for sub-section (5), the

following sub-section shall be substituted, namely :—

“(5) If a director of the company makes any default in complying with the provisions of this

section, such director shall be liable to a penalty of one lakh rupees.”.

24.

Amendment of section 197.—In section 197 of the principal Act,—

(a) sub-section (7) shall be omitted ;

(b) for sub-section (15), the following sub-section shall be substituted, namely :—

“(15) If any person makes any default in complying with the provisions of this section, he

shall be liable to a penalty of one lakh rupees and where any default has been made by a

company, the company shall be liable to a penalty of five lakh rupees.”.

25.

Amendment of section 203.—In section 203 of the principal Act, for sub-section (5), the

following sub-section shall be substituted, namely :—

“(5) If any company makes any default in complying with the provisions of this section, such

company shall be liable to a penalty of five lakh rupees and every director and key managerial

personnel of the company who is in default shall be liable to a penalty of fifty thousand rupees and

where the default is a continuing one, with a further penalty of one thousand rupees for each day

after the first during which such default continues but not exceeding five lakh rupees.”.

26.

Amendment of section 238.—In section 238 of the principal Act, in sub-section (3), for the

words “punishable with fine which shall not be less than twenty-five thousand rupees but which may

extend to five lakh rupees”, the words “liable to a penalty of one lakh rupees” shall be substituted.

27.

Amendment of section 248.—In section 248 of the principal Act, in sub-section (1)

(a) in clause (c), for the word and figures “section 455,”, the words and figures “section 455 ;

or” shall be substituted ;

(b) after clause (c) and before the long line, the following clauses shall be inserted, namely :—

“(d) the subscribers to the memorandum have not paid the subscription which they had

undertaken to pay at the time of incorporation of a company and a declaration to this effect

has not been filed within one hundred and eighty days of its incorporation under sub-section

(1) of section 10A ; or

10

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ ¦ÉÉMÉ ºÉ½þÉ, MÉÖ¯û´ÉÉ®ú iÉä ¤ÉÖvÉ´ÉÉ®ú, ¡äò¥ÉÖ´ÉÉ®úÒ 7-13, 2019/¨ÉÉPÉ 18-24, ¶ÉEäò 1940

(e) the company is not carrying on any business or operations, as revealed after the

physical verification carried out under sub-section (9) of section 12.”.

28.

Amendment of section 441.—In section 441 of the principal Act,—

(a) in sub-section (1), in clause (b), for the words “does not exceed five lakh rupees”, the words

“does not exceed twenty-five lakh rupees” shall be substituted ;

(b) for sub-section (6), the following sub-section shall be substituted, namely :

“(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of

1974), any offence which is punishable under this Act with imprisonment only or with

imprisonment and also with fine shall not be compoundable.”.

29.

Amendment of section 446B.—In section 446B of the principal Act, for the portion beginning

with “punishable with fine” and ending with “specified in such sections”, the words “liable to a penalty

which shall not be more than one half of the penalty specified in such sections” shall be substituted.

30.

Amendment of section 447.—In section 447 of the principal Act, in the second proviso, for the

words “twenty lakh rupees”, the words “fifty lakh rupees” shall be substituted.

31.

Amendment of section 454.—In section 454 of the principal Act, —

(i) for sub-section (3), the following sub-section shall be substituted, namely : —

“(3) The adjudicating officer may, by an order—

(a) impose the penalty on the company, the officer who is in default, or any other

person, as the case may be, stating therein any non-compliance or default under the

relevant provisions of this Act ; and

(b) direct such company, or officer who is in default, or any other person, as the

case may be, to rectify the default, wherever he considers fit.” ;

(ii) in sub-section (4), for the words “such company and the officer who is in default”, the words

“such company, the officer who is in default or any other person” shall be substituted ;

(iii) in sub-section (8),—

(a) in clause (i), for the words “does not pay the penalty imposed by the adjudicating officer

or the Regional Director”, the words, brackets and figures “fails to comply with the order made

under sub-section (3) or sub-section (7), as the case may be,” shall be substituted ;

(b) in clause (ii)—

(i) for the words “Where an officer of a company”, the words “Where an officer of a

company or any other person” shall be substituted ;

(ii) for the words “does not pay the penalty”, the words, brackets and figures “fails to

comply with the order made under sub-section (3) or sub-section (7), as the case may

be,” shall be substituted.

32.

Insertion of new section 454A.—After section 454 of the principal Act, the following section

shall be inserted, namely :—

“454A.

Penalty for repeated default.—Where a company or an officer of a company or any

other person having already been subjected to penalty for default under any provisions of this Act,

again commits such default within a period of three years from the date of order imposing such

penalty passed by the adjudicating officer or the Regional Director, as the case may be, it or he

shall be liable for the second or subsequent defaults for an amount equal to twice the amount of

penalty provided for such default under the relevant provisions of this Act.”.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ ¦ÉÉMÉ ºÉ½þÉ, MÉÖ¯û´ÉÉ®ú iÉä ¤ÉÖvÉ´ÉÉ®ú, ¡äò¥ÉÖ´ÉÉ®úÒ 7-13, 2019/¨ÉÉPÉ 18-24, ¶ÉEäò 1940

11

33.

Repeal and Savings.—(1) The Companies (Amendment) Ordinance, 2018 (Ord. 9 of 2018) is

hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall

be deemed to have been done or taken under the corresponding provisions of this Ordinance.

RAM NATH KOVIND,

President.

DR. G. NARAYANA RAJU,

Secretary to the Government of India.

By order and in the name of the Governor of Maharashtra,

RAJENDRA G. BHAGWAT,

Secretary (Legislation) to Government,

Law and Judiciary Department.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR

DR. NAMDEO KONDAJI BHOSALE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,

MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,

21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : DIRECTOR DR. NAMDEO KONDAJI BHOSALE.