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Untitled Document

CIRCULAR NO

30/2011, Dated : May 23, 2011

Subject : Clarification on applicability of provisions of Section 108A to 108I of the Companies Act, 1956 - regarding.

Sections 108A to 108I of the Companies Act, 1956 were inserted in the Companies Act, 1956 through Monopolies and Restrictive Trade Practices (Amendment) Act, 1991. Section 108G (applicability of sections 108A to 108F) and Section 108B (construction of certain expressions used in sections 108A to 108G) of Companies Act, 1956 refer to applicability of provisions of sections 108A to 108F in reference to various requirements under the MRTP Act, 1969. As MRTP Act, 1969 stands repeated the legal validity of these provisions i.e. sections 108A to 108H of Companies Act, 1956 has been examined in the Ministry in consultation with Ministry of Law & Justice and it has been observed that after repeal of the MRTP Act, 1969, the provisions of Section 108A to 108I of the Companies Act, 1956 have become redundant and will have no legal force.

2. This issue with the approval of Competent Authority.

F.No.05/13/2006-IGC

(Seema Rath)
Asstt Director

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