What is Dissolution of Company Law Board and consequential provisions? What are the Power of Central Government to amend Schedules? Section 466 and 467 of Indian Companies Act 2013
Dissolution of Company Law Board and consequential provisions and Power of Central Government to amend Schedules are defined under Section 466 and 467 of Indian Companies Act 2013. Provisions under these Sections are:
Section 466 of Indian Companies Act 2013 "Dissolution of Company Law Board and consequential provisions"
(1) Notwithstanding anything contained in section 465, the Board of Company Law Administration constituted under the Companies Act, 1956 (hereafter in this section referred to as the Company Law Board) shall stand dissolved on the constitution of the Tribunal and the Appellate Tribunal:
Provided that until the Tribunal and the Appellate Tribunal is constituted, the Chairman, Vice-Chairman and Members of the Company Law Board immediately before the constitution of the Tribunal and the Appellate Tribunal, who fulfill the qualifications and requirements provided under this Act regarding appointment as President or Chairperson or Member of the Tribunal or the Appellate Tribunal, shall function as President, Chairperson or Member of the Tribunal or the Appellate Tribunal:
Provided further that every officer or other employee, who had been appointed on deputation basis to the Company Law Board, shall, on such dissolution, -
(i) become officer or employee of the Tribunal or the Appellate Tribunal, if he fulfils the qualifications and requirements under this Act; and
(ii) stand reverted to his parent cadre, Ministry or Department, in any other case:
Provided also that every officer and the other employee of
the Company Law Board, employed on regular basis by that
Board, shall become, on and from such dissolution the
officer and other employee, respectively, of the Tribunal or
the Appellate Tribunal with the same rights and privileges
as to pension, gratuity and other like benefits as would
have been admissible to him if he had continued to serve
that Board and shall continue to do so unless and until his
employment in the Tribunal or the Appellate Tribunal is duly
terminated or until his remuneration, terms and conditions
of employment are duly altered by the Tribunal or the
Appellate Tribunal, as the case may be:
Provided also that notwithstanding anything contained in the Industrial Disputes Act, 1947 or in any other law for the time being in force, any officer or other employee who becomes an officer or other employee of the Tribunal or the Appellate Tribunal under the preceding proviso shall not be entitled to any compensation under this Act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority:
Provided also that where the Company Law Board has established a provident fund, superannuation fund, welfare fund or other fund for the benefit of the officers and other employees employed in that Board, the monies relatable to the officers and other employees who have become officers or employees of the Tribunal or the Appellate Tribunal shall, out of the monies standing to the credit of such provident fund, superannuation fund, welfare fund or other fund, stand transferred to, and vest in, the Tribunal or the Appellate Tribunal, as the case may be, and such monies which stand so transferred shall be dealt with by the Tribunal or the Appellate Tribunal in such manner as may be prescribed.
(2) The persons holding the offices of Chairman, Vice-Chairman and Members, and officers and other employees of the Company Law Board immediately before the constitution of the Tribunal and the Appellate Tribunal who are not covered under proviso to sub-section (1) shall vacate their respective offices on such constitution and no such Chairman, Vice- Chairman and Members and officers or other employees shall be entitled to claim anycompensation for the premature termination of the term of his office or of any contract of service, if any.
Section 467 of Indian Companies Act 2013 "Power of Central Government to amend Schedules"
(1) Subject to the provisions of this section, the Central Government may, by notification, alter any of the regulations, rules, Tables, forms and other provisions contained in any of the Schedules to this Act.
(2) Any alteration notified under sub-section (1) shall have effect as if enacted in this Act and shall come into force on the date of the notification, unless the notification otherwise directs:
Provided that no such alteration in Table F of Schedule I shall apply to any company registered before the date of such alteration.
(3) Every alteration made by the Central Government under sub-section (1) shall be laid as soon as may be after it is made before each House of Parliament 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 sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the alteration, or both Houses agree that the alteration should not be made, the alteration shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done in pursuance of that alteration.
What is Annual report by Central Government? What are Power
to exempt class or classes of companies from provisions of
this Act? Section
461 and 462 of Indian Companies Act 2013
What are Powers of Central Government to make rules relating to winding up? What is Power of Central Government to make rules? What is Power to remove difficulties? Section 468, 469 and 470 of Indian Companies Act 2013