Ekta (Practicing CS) (423 Points)
03 April 2014Total 21 rules are published on MCA Site. In which some Rules mention that it shall come into force from 1st day of April, 2014 and some of them mention that they shall come into force on the date of publication in official Gazatee. I want to know that the rules published on the site it means they are already published in official gazatee?? or not?? Please clarify.
P C Agrawal
(Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad)
(8229 Points)
Replied 03 April 2014
Ekta, your point is valid. But MCA is not working the way it was expected. Undated and unsigned rules are placed on MCA website. Sec.469(1) empowers CG to make rules by notification. Sec.2(58) defines notification as notification published in Official Gazette. Till date MCA has not placed on its website copy of Official Gazette notifying the rules which is creating confusion in the minds of every one. No time is being given for studying and implementing these Rules. Rules for Chapter II have already been revised by MCA. Now some people are thinking of approaching court for getting stay on the Rules.
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
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