Karnataka Legislative Assembly has introduced a bill to amend the Karnataka Societies Registration Act, 1960 in its 15th Legislative Assembly.
The bill has substituted section 27A of the Karnataka Societies Registration Act, 1960 which talks about the Appointment of an Administrator. Few changes that were made includes the insertion of the word minority to fulfil the objective of the bill and a requirement of prior representation from members of society in case of dissolution of the society sought if any.
The purpose of the amendment was to comply with the decision of the Hon’ble High Court of Karnataka (in Writ Petition No. 15753/1986 dated: 03-02-1987) wherein section 27A of the Karnataka Societies Registration Act, 1960 was struck down being violative of Article 30(1) of the Constitution of India and to remove the discrimination between general societies and minority societies. Another purpose was to avoid further litigation and to safeguard the interest of the Government, members of the society and the general public.
The changes will become effective immediately.
The bill can be accessed here.
THE KARNATAKA MONEY LENDERS (AMENDMENT) BILL, 2021
Karnataka Legislative Assembly has introduced a bill to amend the Karnataka Money Lenders Act, 1961. The bill has amended section 38 of the Karnataka Money Lenders Act, 1961 which talks about the Penalty for molestation. The imprisonment has been extended from six months to one year along with the fine attracted is also extended to fifty thousand rupees from five thousand rupees.
The bill further amended section 39 of the Act which states general provision regarding penalties. The substituted provision are as mentioned: (a) for the first offence with simple imprisonment which may extend to one year or with fine which may extend to fifty thousand rupees or with both, and (b) for the second or subsequent offence with simple imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both.
The purpose of the amendment was to enhance the penalty amount and conviction term to ensure strict adherence to the provisions of the Act. The changes will become effective immediately.
The bill can be accessed here.
MINISTRY OF CORPORATE AFFAIRS NOTIFICATIONS DATED 5TH MARCH 2021.
On March 05, 2021, MCA introduced three notifications. The following notifications are:
(a) MCA vide its notification has made the following Rules to amend the Companies (Management and Administration) Rules, 2014.
- One Person Company and Small Company shall file the annual return from the Financial Year 2020-2021 onwards in Form No. MGT-7A.
- Rule 12 which talks about Extract of Annual Return has been substituted with the filing of Annual Return with the Registrar. The substituted rule states that the annual return shall be filed with the Registrar with such fees as may be specified for this purpose.
- The said notification will come into force on the date of their publication in the Official Gazette. The notification can be accessed at http://www.mca.gov.in/Ministry/pdf/CompaniesMgmtAdminAmndtRules_05032021.pdf
(b) MCA has amended Companies (Incorporation) Rules 2014, namely:
- Insertion in Form INC-35 AGILE PRO (Part of SPICE+) Serial No. 12 – End of Table(A)-Do you wish to perform Aadhaar Authentication for GSTIN Registration-YES or NO
- The said notification will come into force on the date of their publication in the Official Gazette. The notification can be accessed at http://www.mca.gov.in/Ministry/pdf/CompaniesIncorporation3rdAmndtRules_05032021.pdf
(c) The MCA appoints the March 05, 2021, as the date on which the provision of clause (i) of section 23 of the Companies (Amendment) Act, 2021 shall come into force. The notification can be accessed here.
