sikkim companies act

[Anu Pasrija]

can we access the companies registered under the sikkim companies act  online ???

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Charms

Practcing Company Secretary

Anu Pasrija

+91-8269453819

Gwalior

[urvashi pradhan]

 

I thought Sikkim was a part of India (hence no Sikkim Companies Act).

 

Thanks & Regards

Urvashi Pradhan

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[Swati Gupta]

Hi Urvashi

Sikkim is part of India but it has its own companies act.I don't know the reason why but for proof you can even check in Form 1A (column 5), Sikkim is not given in the scroll down box.

Regards

Swati Gupta 

[CS A Rengarajan]

Please section 1 of the Companies Act, 1956 which says, the act applicable whole of india. Sikkim is part and parcel of india. If MCA is not giving in the forms, it is a mistake on the part of MCA to omit the same.

 

The following paragraph is taken from official website of sikkim government and it says strategically important state of Indian Union.

 

Sikkim is sheer magic. This is not just the most beautiful place in the world but cleanest and safest too. If once the charms of the State were limited to mists, mountains and colourful butterflies, they are now complimented by tangible development and progress. With its unique culture and natural landscape, Sikkim is a picture of perfection and pristine purity. Nestled in the Himalayas and endowed with exceptional natural resources, Sikkim is a hotspot of biodiversity and development. Though small in size, yet Sikkim has been identified world over as an important repository of germplasms of unknown dimensions. Perhaps, there is no part of the world, which offers a spectacular scene with every turn of the road as Sikkim. Though land-locked, Sikkim is one of the most beautiful and strategically important state of the Indian Union

 

Contrary view solicited and iff any body is having different views, please share with us.

 

Best Regards

 

1. Short title, commencement and extent.

 

(1)This Act may be called the Companies Act, 1956.

 

(2) It shall come into force on such date¹ as the Central Government may, by notification in the Official Gazette, appoint.

 

²[(3) It extends to the whole of India:]

ALL COMPANY SECRETARIES - PROUD TO BE A MEMBER OF 10000 MEMBERS OF  CS BENEVOLENT FUND  FOR NOBLE CAUSE

- 

csarengarajan
Company Secretary, Chennai
email csarengarajan@gmail.com

http://www.csarengarajan.blogspot.com

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[Soumitra Chawathe]

Dear Friends,

I have come across many such articles where it is mentioned that CA, 1956 does not apply to Sikkim. In Sikkim, Registration of Companies Act, Sikkim, 1961 applies. It has a condition that all the Companies in Sikkim shall comprise of 50% of Directors who are from Sikkim....and so on.

Even ROC-SHILLONG has jurisdiction over north-eastern states but not Sikkim.

You can go through the following link provided by MCA where they themselves have said that CA, 1956 is not applicable to Sikkim

http://www.mca.gov.in/MCA21/dca/eStamp/List_of_States_UTs.pdf

Contrary views solicited

With Best Regards,

CS Soumitra Chawathe
Pune

[Vivek Hegde]

Interesting...! Thanks for information.

Vivek Hegde

Warm Regards

CS Vivek Hegde,B.com, ACS, CWA
Company Secretary in Practice
No. 405, 4th Block, 7th Cross
Koramangala, Bangalore-560034
Mob: 09019756940/09900898223

[shilpa kasliwal]

thanks for info....

[Bidu Bhusan Dash]

Dear Soumitra,

 

Great information    !!!!!!!!

 

 

 

 

 

 

Regards

Bidu

[urvashi pradhan]

The reason could be that Sikkim officially became an Indian state only in 1975. As such, there appears to be a separate Act for the purpose of registration of companies in Sikkim called the Sikkim Registration of Companies Act, 1961.

 

Perhaps, even after the annexation of Sikkim into India, the Sikkim Registration of Companies Act, 1961 and the Companies Act, 1956 remained unaligned?

 

Thanks for raising this question as not many of us are aware of this.

 

Does this then mean that companies registered under the Sikkim Registration of Companies Act, 1961 would be regulated by that Act and not by the Companies Act, 1956?

 

 

Thanks & Regards

Urvashi Pradhan.

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[Anu Pasrija]

My question was that how can i acess the information about the companies registered under that act

[Jayashree Chandrasekaran]

you question remains unanswered since many of us are now only
realising that Sikkim is goiverned by a separate Act.
The information is very interesting
Jayashree

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PARTNER
S.GANESH&ASSOCIATES
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[Jayashree Chandrasekaran]

you can maybe call ROC Shillong and ask them as to how to access
Jayashree

[Soumitra Chawathe]

Dear All,

Pl. find attached Sikkim (Regn of Cos.) Act, 1961

Soumitra

[kishore kvr]

Sikkim Registration of companies amendment act,1989

[CS A Rengarajan]

Whether MCA information over ride companies act 1956

 

either they have to make amendment in companies act that applicability except sikkim

 

they have written that the companies act not extended to sikkim.

 

in section 1 it has not mentioned

 

My view is that whether the information provided by mca is legally correct

 

we cannot accept blindly whatever written in MCA

 

We also to see legality of the information.

 

There are two issues in this case

 

1)  whether sikkim is part and parcel of union of india

 

2)  what is the meaning derived in section 1  that the act applicable to whole of india

 

if we get answer, we can conclude the applicablity or non applicablity

 

contrary view solicited

 

regards 

On Fri, Sep 9, 2011 at 8:32 AM, Soumitra Chawathe <soumitra...@gmail.com> wrote:

[CS A Rengarajan]

kindly go through the same and it provides ca 1956 will be applicable

 

regards

On Fri, Sep 9, 2011 at 2:03 PM, Soumitra Chawathe <soumitra...@gmail.com> wrote:

--

[Anu Pasrija]

 

i have 2 companies with the same name one is registered under the sikkim companies act and the other under the companies act 1956

 

that is y i wanted to access the information

[CS A Rengarajan]

My point is  why section says something and mca website says something

 

is not contradictory?

 

My question whether MCA website information can over ride companies Act

 

Contrary view solicited

 

best regards

[Ramaswami Mohan]

Pl refer to Ramaya's Guide to Cos Act, where it is stated under Notes to Sec 1 of CA , that the Cos Act applies to whole of India, subject to the following:

3. ... Sikkim: Article 371F of the Constitution grants a special status to the State of Sikkim, Clause (n) of the said article provides that any enactment which is in force in a State in India may be extended to Sikkim by the President by Public Notification  . In absence of any such Notification extending the present Act to Sikkim, the State continues to be governed by its own Registration of Companies Act ( Sikkim) Act, 1961.

regards,

Mohan

PCS, Hyderabad

==================================================  

[CS A Rengarajan]

Thanks a lot for giving clarifications

 

regards

[Jayashree Chandrasekaran]

Thanks for the clarification
Jayashree

>> *ALL COMPANY SECRETARIES - PROUD TO BE A MEMBER OF 10000 MEMBERS OF CS
>> BENEVOLENT FUND FOR NOBLE CAUSE*
>> *- *
>> csarengarajan
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>> email csarengarajan@ <csaren...@gmail.com>gmail.com

>> http://www.csarengarajan.blogspot.com
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>> SHARING KNOWLEDGE SKY IS THE LIMIT
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>> This mail and its attachments (if any) are confidential information
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[upender khurana]

dear friends thanx for sharing such useful information, Sikkim has own co. act ,