REGISTERED No. D. 221 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 33] NEW DELHI, MONDAY, OCTOBER 12, 1964/ASVINA 20, 1886 Separate paging is given to this Part in order that it may be filed, as a separata compilation MINISTRY OF LAW (Legislative Department) New Delhi, the 12th October, 1964/Asvina 20, 1886 (Saka) The following Acts of Parliament received the assent of the President on the 9th October, 1964, and are hereby published for general information: — THE COMPANIES (AMENDMENT) ACT, 1964 No. 32 OF 1964 [9th October, 1964] An Act further to amend the Companies Act, 1956. BE it enacted by Parliament in the Fifteenth Year of the Republic of India as follows : —
1. This Act may be called the Companies (Amendment) Act, 1964.
2. After section 635A of the Companies Act, 1956, the following sub-heading and section shall be inserted, namely : — "Temporary Protection of Employees
635B. (1) If—
(a) during the course of any investigation of the affairs and other matters of or relating to a company, body or person under section 235, section 237 or section 239 or of the membership and other matters of or relating to a company, 313 Short title. Insertion of new sub-heading and section after section 635A of Act 1 of
1956."Temporary Protection of Employees
635B. (1) If—
(a) during the course of any investigation of the affairs and other matters of or relating to a company, body or person under section 235, section 237 or section 239 or of the membership and other matters of or relating to a company, Protection of employees during investigation by Inspector 313 314 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II or the ownership of shares in or debentures of a company or body corporate, or the affairs and other matters of or relating to a company, body or person, under section 247, section 248 or section 249; or
(b) during the pendency of any proceeding against any person concerned in the conduct and management of the affairs of a company under Chapter IVA of Part VI, such company, body or person proposes—
(i) to discharge, or
(ii) to punish, whether by dismissal, removal, reduction in rank or otherwise, any employee, the company, body or person, as the case may be, shall send by post to the Company Law Board previous intimation in writing of the action proposed against the employee and if the Company Law Board has any objection to the action proposed, it shall send by post notice thereof in writing to the company, body or person concerned.
(2) If the company, body or person concerned does not receive within thirty days of the sending of the previous intimation of the action proposed against the employee, any notice of the objection from the Company Law Board, then and only then, the company, body or person concerned may proceed to take against the employee the action proposed.
(3) If the company, body or person concerned is dissatisfied with the objection raised by the Company Law Board, it may, within thirty days of the receipt of the notice of the objection, prefer an appeal to the Tribunal in the prescribed manner and on payment of the prescribed fee.
(4) The decision of the Tribunal on such appeal shall be final and be binding on the Company Law Board and on the company, body or person concerned.
(5) For the removal of doubt, It is hereby declared that the provisions of this section shall have effect without prejudice to the provisions of any other law for the time being in force.".
3. (1) The Companies (Amendment) Ordinance, 1964 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 this Act, as if this Act had commenced on tne 5th day of July, 1964. or pendency of proceeding before Tribunal in certain cases. Repeal and saving. 2 of 1964. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 315 THE REPRESENTATION OF THE PEOPLE (AMENDMENT) ACT, 1964 No. 33 OF 1964 [9th October, 1964] An Act further to amend the Representation of the People Act, 1950, and the Representation of the People Act, 1951. BE it enacted by Parliament in the Fifteenth Year of the Republic of India as follows: —
1. This Act may be called the Representation of the People (Amendment) Act, 1964.
2. In section 20 of the Representation of the People Act, 1950—
(a) in sub-section (3),—
(i) after the words "A member of the armed forces of the Union", the words "or, a member of an armed police force of a State who is serving outside that State," shall be inserted;
(ii) after the words "in the armed forces", the words "or, as the case may be, in that armed police force" shall be inserted;
(b) in sub-section (5), after the words "armed forces", the words "or, as the case may be, the armed police force" shall be inserted.
3. In section 60 of the Representation of the People Act, 1051, in sub-clause (i) of clause (a), after the words "armed forces of the Union", the words "or, as the case may be, of an armed police force of a State," shall be inserted. Short title. Amendment of section 20 of Act H 3 of 1950. Amendment of section 6 o of Act 43 of 1951. R. C. S. SARKAR, Secretary to the Govt, of India. PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1964