Is MCA Notification for Exemption to Private Companies Effective

sid

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Jun 17, 2015, 12:48:11 AM6/17/15

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Hi All,

Is the notification issued by MCA on 05.06.2015 granting exemption to private companies effective or will tehy be effective once they are published in official gazette as teh definition of notification as per CA 2013 in section 2(58) means a notification published in official gazette, however the notification dated 05.06.2015 clearly mentions "To be published in OG".

Kindly share your views.

BalaJi Srivastava

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Jun 17, 2015, 12:48:44 AM6/17/15

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Not effective as the same is yet to be gazetted

Thanks and Regards,

BalaJi Srivastava

B.Com ACS LLB
Mobile: +91 (0)987-316-9769
Email:bbala...@gmail.com

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sid

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Jun 17, 2015, 12:54:42 AM6/17/15

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But many professionals are giving contrary view and some even conducting affairs of the Company as if they have become effective even when I contradicted them.

Ruchita Malpani

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Jun 17, 2015, 12:57:29 AM6/17/15

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Is not yet effective.

--

Regards,

CS Ruchita Malpani

BalaJi Srivastava

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Jun 17, 2015, 12:59:19 AM6/17/15

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its better to decide on your own then. If the notification itself specifying that it will be in force from date of publishing in official gazette then we should understand.

dnt knw wat others do..follow law not professionals :)

Thanks and Regards,

BalaJi Srivastava

B.Com ACS LLB
Mobile: +91 (0)987-316-9769
Email:bbala...@gmail.com

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neha agrawal

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Jun 17, 2015, 1:02:34 AM6/17/15

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Its just that many professionals are expecting that the notification will be applicatble with retrospective effect i.e 5.6.2015..

CS Simranjeet Singh

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Jun 17, 2015, 1:03:29 AM6/17/15

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it is effective from 05.06.2015

With Best Regards?

Simranjeet Singh

Associate Company Secretary

"To know, is to know that you know nothing. that is the meaning of true knowledge."

BalaJi Srivastava

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Jun 17, 2015, 1:04:36 AM6/17/15

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Dear Neha,

That cannot be possible if the notification itself specifying that from the date of publication , which in obvious is future course of action. In my opinion and based upon the facts available one should not follow the notification from 05.06.15.

Thanks and Regards,

BalaJi Srivastava

B.Com ACS LLB
Mobile: +91 (0)987-316-9769
Email:bbala...@gmail.com

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On Wed, Jun 17, 2015 at 10:32 AM, neha agrawal <nehaagr...@gmail.com> wrote:

sid

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Jun 17, 2015, 1:06:10 AM6/17/15

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Hi Simran,

Please substantiate your view so that we may also have better understanding.

sid

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Jun 17, 2015, 1:07:20 AM6/17/15

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But Mr. Balaji

Its nowhere mentioned in the notification that it will be effective from date of its publication in OG.

CS Simranjeet Singh

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Jun 17, 2015, 1:13:56 AM6/17/15

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hii u can see earlier MCA Practice in this regard.. notiifcation always come like to be effective from the date it is published in gazette and when finally gazetted copy comes it always bear the same date on which notification was signed..

With Best Regards?

Simranjeet Singh

Associate Company Secretary

"To know, is to know that you know nothing. that is the meaning of true knowledge."

anjali jain

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Jun 17, 2015, 1:28:27 AM6/17/15

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In this notification its not written that it will be effective on being published in the gazette so as per my understanding its effective from 05.06.2015 only.

On Wednesday, June 17, 2015 at 10:18:11 AM UTC+5:30, sid wrote:

CS Manish Kushwaha

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Jun 17, 2015, 1:45:29 AM6/17/15

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It has been effective from 5/06/2015 as the date of the notification. and nothing is mentioned in notification about effectiveness.

some people don't read notification carefully and spread the fake rumors.

BalaJi Srivastava

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Jun 17, 2015, 2:14:34 AM6/17/15

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Well,

Frends that depends on perception i suppose. Because every notification to be in force is required to be published in gazette and if it is not published that means it is not yet issued to public at large and hence not enforceable.

so in my opinion and after further discussions even i m confirmed that it is not yet in force. However those who may want to follow it, then its individual discretion. since nothing specified in notifications except that they are yet to be published.

Thanks

Thanks and Regards,

BalaJi Srivastava

B.Com ACS LLB
Mobile: +91 (0)987-316-9769
Email:bbala...@gmail.com

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On Wed, Jun 17, 2015 at 11:15 AM, CS Manish Kushwaha <manishk...@gmail.com> wrote:

sid

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Jun 17, 2015, 2:39:14 AM6/17/15

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Dear Manish,

Please read the definition of notification in section 2(58) and opening lines of section 462 of the Act.

Mohit Mahana

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Jun 17, 2015, 2:40:35 AM6/17/15

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PFA herewith the Hon'ble Bombay High Court order on this issue see S. No. 23 it will clarify

Regards,

CS Mohit Mahana

Bombay-High-Court-Order-on-CA-2013-1.pdf

Rajesh Kumar

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Jun 17, 2015, 3:01:18 AM6/17/15

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Dear All

All the notification issued by the MCA after getting date for publication from gazette department and it depend upon the size of notification to publish but effective from the date of notification.

This is clearly explained by Mr. Amardeep Singh Bhatia, Joint Secretary to Govt of India in one of the seminar, when same question was ask by Prakash Sir on behalf of audience ( Senior company secretary and renowned Speaker).

Please don't be confused here onward about applicability of notification, Once it is notified ( available on MCA site) it is effective.

On Wed, Jun 17, 2015 at 11:44 AM, BalaJi Srivastava <bbala...@gmail.com> wrote:

--

Thanks & Regards

CS Rajesh Kumar
Company Secretary
Mobile-7299930310, 9380068080

Keshav

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Jun 18, 2015, 7:22:27 AM6/18/15

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I can't understand how they become professional if they don't have such commonsense. It is clearly mentioned that notification is to be published in the official gazette then how one can say notification is effective.

Venkat Ramanaa

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Jun 19, 2015, 10:19:39 AM6/19/15

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Nothing takes force of law unkess it is actually published in the official gazette of the government of India , under pleasure if the Presudent of India.

Period.

Dhruv Dua

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Jun 19, 2015, 4:19:47 PM6/19/15

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Published in the Official Gazette and applicable from the 5th June 2015.

http://mca.gov.in/Ministry/pdf/Exemptions_to_private_companies_05062015.pdf

anjali jain

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Jun 22, 2015, 6:48:13 AM6/22/15

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not available on official gazette site

On Wednesday, June 17, 2015 at 10:18:11 AM UTC+5:30, sid wrote:

CS Simranjeet Singh

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Jun 22, 2015, 6:49:03 AM6/22/15

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it is available on MCA now..

With Best Regards?

Simranjeet Singh

Associate Company Secretary

"To know, is to know that you know nothing. that is the meaning of true knowledge."

anjali jain

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Jun 22, 2015, 6:55:03 AM6/22/15

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ya i know but not available in official gazette site. I have checked official gazette site

On Wednesday, June 17, 2015 at 10:18:11 AM UTC+5:30, sid wrote:

MADHUMITHA IYER

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Jun 22, 2015, 6:59:02 AM6/22/15

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Yes not available in the Official Gazette site.

Rgds,

MI

sid

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Jun 22, 2015, 7:05:56 AM6/22/15

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check MCA site its available since morning

anjali jain

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Jun 22, 2015, 7:07:59 AM6/22/15

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is it effective even if not available on official gazette site

On Wednesday, June 17, 2015 at 10:18:11 AM UTC+5:30, sid wrote:

CS Simranjeet Singh

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Jun 22, 2015, 7:17:41 AM6/22/15

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e-gazette site is not updated then... MCA won this time.. lols

With Best Regards?

Simranjeet Singh

Associate Company Secretary

"To know, is to know that you know nothing. that is the meaning of true knowledge."

Sitaram

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Jun 22, 2015, 7:26:38 AM6/22/15

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Since the gazetted copy is available on MCA i would go by it although it may not be available on the official gazette since i am sure that the MCA will not falsely state that something has been gazetted !!!

Perhaps the gazette site has not been updated.

sachin kumar

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Jun 22, 2015, 7:30:03 AM6/22/15

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PFA

--

CS Sachin Kumar

Mob:-9911124032

Notification - Exemption to Private Companies(10476308_1).pdf

Manoj Mishra

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Jun 22, 2015, 7:54:35 AM6/22/15

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Hope the issue of effectiveness of this notification is over now.

Actually MCA has uploaded the notification copy sent to gazette department (PTI) (by writing "To Be Published ............), on its site and that created confusion amongst learned members.