New Delhi (The Hawk): Under the Companies Act, 1956, a Nidhi or Mutual Bene?t Society meant a company which the Central Government declared as Nidhi or Mutual Bene?t Society by noti?cation in the o?cial gazette. Under the Companies Act, 2013, initially there was no need for a company to get declaration from Central Government to function as a Nidhi Company. Such companies were required to only incorporate as a Nidhi and meet requirements under sub-rule (1) of rule 5 of Nidhi Rules viz., minimum membership of 200, Net Owned Fund (NoF) of Rs. 10 lakh, NOF to deposit ratio of 1:20 and keeping 10% unencumbered deposits in schedule commercial banks or post offices within one year of commencement of Nidhi Rules, 2014.A committee was constituted in the Ministry to make recommendations on the issues arising from the implementation of the Companies Act, 2013 etc. and it was, inter-alia, felt that the earlier provisions under the Companies Act, 1956 requiring the approval of the Central Government for declaration as Nidhi were appropriate since they provided a centralized and more restrictive frame work for regulation of such entities and accordingly section 406 of the Companies Act, 2013 was amended with e?ect from 15.08.2019 to bring back the requirement of declaration as a Nidhi by the Central Government.After the amendment in the Companies Act, 2013 w.e.f. 15.08.2019 and resultant amendments in Nidhi Rules, 2014 w.e.f. 15.08.2019, companies incorporated as Nidhis were required to apply to the Central Government in Form NDH-4 for declaration within 14 months of incorporation, if they were incorporated after the commencement of the Nidhi (Amendment) Rules w.e.f 15.08.2019 and within 09 months of commencement of the Nidhi (Amendment) Rules w.e.f 15.08.2019, if they were incorporated as Nidhis after 2014 but prior to 15.08.2019.Under the Companies Act, 1956, about 390 companies were declared as Nidhi companies only. During 2014-2019, more than ten thousand companies get incorporated. However, only about 2,300 companies have applied in form NDH-4 for declaration. It has been noticed from examination of form NDH-4 that companies have not been complying with the applicable provisions of the Act and the Nidhi Rules, 2014 (as amended). To safeguard the interest of general public, it has become imperative that before becoming its member, one must ensure declaration of a company as a Nidhi by the Central Government and towards this, few necessary/important amendments in the Rules have been carried out which are applicable to the Companies to be incorporated after Nidhi (amendment) Rule, 2022, as under:-A Public Company incorporated as a Nidhi with a share capital of Rs. 10 lakhs; needs to first get itself declared as a Nidhi from the Central Government by applying in form NDH-4 with a minimum membership of 200 and NOF of Rs. 20 lac within 120 days of its incorporation.The Promoters and Directors of the company have to meet the criteria of fit and proper person as laid down in the rules.For timely disposal, it has also been provided in amended Rules that in case no decision is conveyed by the Central Government within 45 days of the receipt of applications filed by companies in form NDH-4, approval would be deemed as granted. This would apply for such companies which shall be incorporated after Nidhi (Amendment) Rules, 2022.

Under the Companies Act, 1956, a Nidhi or Mutual Bene?t Society meant a company which the Central Government declared as Nidhi or Mutual Bene?t Society by noti?cation in the o?cial gazette. Under the Companies Act, 2013, initially there was no need for a company to get declaration from Central Government to function as a Nidhi Company. Such companies were required to only incorporate as a Nidhi and meet requirements under sub-rule (1) of rule 5 of Nidhi Rules viz., minimum membership of 200, Net Owned Fund (NoF) of Rs. 10 lakh, NOF to deposit ratio of 1:20 and keeping 10% unencumbered deposits in schedule commercial banks or post offices within one year of commencement of Nidhi Rules, 2014.

Central Govt Amends Nidhi Rules, 2014 To Safeguard The Interest Of General Public

Under the Companies Act, 1956, a Nidhi or Mutual Bene?t Society meant a company which the Central Government declared as Nidhi or Mutual Bene?t Society by noti?cation in the o?cial gazette. Under the Companies Act, 2013, initially there was no need for a company to get declaration from Central Government to function as a Nidhi Company. Such companies were required to only incorporate as a Nidhi and meet requirements under sub-rule (1) of rule 5 of Nidhi Rules viz., minimum membership of 200, Net Owned Fund (NoF) of Rs. 10 lakh, NOF to deposit ratio of 1:20 and keeping 10% unencumbered deposits in schedule commercial banks or post offices within one year of commencement of Nidhi Rules, 2014.




New Delhi (The Hawk) : The Delimitation Commission headed by Justice Ranjana Prakash Desai, (a retired Judge of the Supreme Court of India),and Sh. Sushil Chandra, (Chief Election Commissioner) and Sh. K. K. Sharma, (State Election Commissioner, Union Territory of Jammu and Kashmir), as Ex-Officio members of the Delimitation Commission mettoday to finalise the Delimitation Order for the Union Territory of Jammu &amp; Kashmir. The Gazette notification for the same has also been published today.As per the final Delimitation Order, the following will come into effect from the date to be notified by the Central Government:-Out of the 90 Assembly Constituencies in the region, 43 will be part of Jammu region and 47 for Kashmir region keeping in view the provisions of Section 9(1)(a) of the Delimitation Act, 2002 and Section 60(2)(b) of Jammu &amp; Kashmir Reorganization Act, 2019.After consultation with Associate Members, representatives of political parties, citizens, civil society groups, 9ACs have been reserved for STs, out of which,6 are in Jammu region and 3 ACs in the Valley.There are five Parliamentary Constituencies in the region. The Delimitation Commission has seen the Jammu &amp; Kashmir region as one single Union Territory. Therefore, one of theParliamentary Constituency has been carved out combining Anantnag region in the Valley and Rajouri &amp; Poonch of Jammu region.&nbsp;By this reorganisation each Parliamentary Constituency will have equal number of 18 Assembly Constituencies each.Names of some ACs have also been changed keeping in view the demand of local representatives.It may be recalled that the Delimitation Commission was constituted by the Govt. of India, in exercise of powers conferred by Section 3 of Delimitation Act, 2002 (33 of 2002), for the purpose of delimitation of Assembly and Parliamentary Constituencies in the Union Territory of Jammu &amp; Kashmir.&nbsp;The Commission associated in its work, five members of Lok Sabha elected from the UT of Jammu and Kashmir. These Associate Members were nominated by the Hon’ble Speaker of Lok Sabha.The Delimitation Commission was entrusted with the work of delimiting the Assembly and Parliamentary Constituencies in the UT of Jammu and Kashmir on the basis of 2011 Census and in accordance with the provisions of Part-V of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) and the provisions of Delimitation Act, 2002(33 of 2002).&nbsp;&nbsp;Having regard to relevant provisions of the Constitution (Article 330 and Article 332) and sub-sections (6) and (7) of Section 14 of the Jammu and Kashmir Reorganisation Act 2019, the number of seats to be reserved for the Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Legislative Assembly of the Union Territory of Jammu and Kashmir was worked out on the basis of 2011 Census. Accordingly, the Delimitation Commission has reserved nine ACs for STs for the first time and 07 for SCs. It is worthwhile to mention that the Constitution of erstwhile Jammu and Kashmir State did not provide for reservation of seats for the Scheduled Tribes in the Legislative Assembly.The Jammu and Kashmir Reorganisation Act, 2019 and Delimitation Act, 2002 laid down the broad parameters within which the delimitation exercise was to be carried out. However, the Commission formulated Guidelines and Methodology for delimitation of Assembly and Parliamentary Constituencies in Jammu and Kashmir, for smooth functioning and effective results, and the same were followed during the delimitation process.Keeping in view the geographical features, means of communication, public convenience, contiguity of areas as various factors enumerated in Section 9(1) of the Delimitation Act, 2002 and the inputs gathered during the Commission’s visit to the UT from 6th to 9th July 2021, the Commission categorised all 20 districts into three broad categories i.e. A- Districts having predominantly hilly and difficult areas, B- Districts with Hill &amp; Flat areas and C- Districts with predominantly Flat areas, giving margin of +/- 10% of the average population per Assembly Constituency, while proposing allocation of the constituencies to the districts. The Commission has also, for some districts, proposed carving out of an additional constituency to balance the representation for geographical areas having inadequate communication and lack of public conveniences due to their excessive remoteness or inhospitable conditions on the international border.The Commission had decided that Constituencies shall be delimited having regard to the administrative units i.e. Districts, Tehsils, Patwar Circles, etc, as in existence on 15-06-2020 and the Commission had communicated to the UT administration, not to disturb the administrative units as existing as on 15-06-2020 till the completion of the delimitation exercise in the UT of Jammu and Kashmir. It was ensured by the Commission that every Assembly Constituency shall be contained entirely in one district and the lowest administrative units i.e. Patwar Circles (and Wards in Jammu Municipal Corporation) were not broken and were kept in single Assembly Constituency.The Commission took extreme care in identifying the seats reserved for the Scheduled Castes and Scheduled Tribes in the Legislative Assembly and to locate seats to be reserved for these communities,&nbsp;as far as practicable,&nbsp;in areas where the proportion of their population to the total population is the largest, by working out the percentage of Schedule Castes and Scheduled Tribes population in each Assembly Constituency and identifying the requisite number of reserved constituencies by arranging them in descending order.The public sittings were organised in the Capital cities of Jammu and Srinagar on 4th and 5thApril 2022 respectively, which provided an opportunity to the people, public representatives, political leaders and other stakeholders to express their views. All those who filed objections and suggestions in response to the public notice were specifically heard. All the suggestions of the public, given in writing or orally during the public sittings and representations from various stakeholders were tabulated by the Secretariat of the Commission.The Commission conducted a final round of internal meetings to examine all the suggestions and took decision on the changes to be made in the draft proposals. Most of the representations regarding the change of names of the proposed constituencies were accepted by the Commission in view of the public sentiment involved in the same. These name changes included naming Tangmarg-AC as Gulmarg-AC, Zoonimar-AC as Zaidibal-AC, Sonwar-AC as Lal Chowk-AC, Padder-AC as Padder-Nagseni-AC, Kathua North-AC as Jasrota-AC, Kathua South-AC as Kathua-AC, Khour-AC as Chhamb-AC, Mahore-AC as Gulabhgarh-AC, Darhal-AC as Budhal-AC, etc. In addition to these, there were many representations pertaining to shifting of Tehsils from one AC to another and some of them which Commission found logical were accepted, viz; shifting of Tehsil Shrigufwara from Pahalagam-AC to Bijbehara-AC, shifting of Kwarhama and Kunzar Tehsils to Gulmarg-AC and redrawing Wagoora-Kreeri-AC having Kareeri and Khoie tehsils and part of Wagoora and Tangmarg tehsils, shifting of Darhal Tehsil from Budhal-AC to Thannamandi-AC. Additionally, there were some requests for minor changes in the territorial jurisdiction of proposed ACs, which were thoroughly analysed in the Commission and a few of them, which were logical, have been incorporated in the final Order.The Delimitation of Assembly and Parliamentary constituencies in the Union Territory of Jammu and Kashmir had been a challengingtask. The Commission visited UT of Jammu and Kashmir twice. During the first visit, the Commission interacted with approximately 242 delegations at four locations, i.e. Srinagar, Pahalgam, Kishtwar and Jammu. Approximately 1600 people attended and expressed their views at the Public sittings held at Jammu and Srinagar on 4th and 5thApril 2022 respectively, during the second visit of the Commission to the UT of Jammu and Kashmir.The peculiar geo-cultural landscape of the Union Territory presented unique issues arising due to factors like competing political aspirations of the geographically and culturally distinctive Jammu and the Kashmir regions; vast differences in population density between districts ranging from 3436/ sq. km in districts in the valley-plains on one side, to 29/sq. km in the predominantly hilly and difficult districts on the other; existence of sub-regions within certain districts having extremely difficult intra-district connectivity due to extraordinary geographical barriers with some remaining totally cut off on account of the snow blocking the mountain passes for months during winter; uncertainty of life and inadequate availability of connectivity and public conveniences in villages along the International Border prone to unprovoked intermittent firing/shelling in the Border Districts; etc.These competing claims to equitable exercise of democratic rights by populations living in inequitable conditions, besides other aspects, were well articulated on behalf of all the diverse areas of the UT by representatives of political parties, social organisations and individuals, as well as the media which provided profound insights before the Commission and contributed in upholding the democratic values cherished by the people of this largest democracy in the World, in providing of a fair and robust framework by carving out appropriate constituencies for exercise of their right to franchise by the members of the electorate living in mutually diverse circumstances, in an equitably convenient manner.After incorporating all such changes, the Final Order has been published in the Official Gazette of the Government of India as well as Union Territory of Jammu and Kashmir. The Final Order is also published in Print and Electronic media and also hosted on the website of the Commission and CEO Jammu and Kashmir.During the public hearing, the Commission received number of representations from the Kashmiri migrants and the displaced persons from Pakistan occupied Jammu and Kashmir. The delegations of Kashmiri migrants represented before the Commission that they were persecuted and forced to live in exile as refugees in their own country for the last three decades. It was urged that in order to preserve their political rights, seats may be reserved for them in the Jammu and Kashmir Assembly and Parliament. The Displaced persons from PoJK also requested the Commission to reserve few seats for them in J&amp;K Legislative Assembly. Accordingly, the Delimitation Commission also made following recommendations to the Central Government.Provision of at least two members (one of them must be a female) from the community of Kashmiri Migrants in the Legislative Assembly and such members may be given power at par with the power of nominated members, of the Legislative Assembly of Union Territory of PuducherryThe Central Government may consider giving the Displaced Persons from Pakistan occupied Jammu and Kashmir some representation in the Jammu and Kashmir Legislative Assembly, by way of nomination of representatives of the Displaced Persons from Pakistan Occupied Jammu and Kashmir.The Union Territory of Jammu and Kashmir was carved out from the erstwhile State of Jammu and Kashmir through the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), passed by the Parliament. The delimitation of Assembly Constituencies in the erstwhile State of Jammu and Kashmir was governed by the Constitution of the State of Jammu and Kashmir and Jammu and Kashmir Representation of People Act 1957. The Assembly seats in the erstwhile state of Jammu and Kashmir were last delimited in 1995 based on 1981 Census.

The Delimitation Commission headed by Justice Ranjana Prakash Desai, (a retired Judge of the Supreme Court of India),and Sh. Sushil Chandra, (Chief Election Commissioner) and Sh. K. K. Sharma, (State Election Commissioner, Union Territory of Jammu and Kashmir), as Ex-Officio members of the Delimitation Commission mettoday to finalise the Delimitation Order for the Union Territory of Jammu & Kashmir. The Gazette notification for the same has also been published today.

DELIMITATION COMMISSION FINALISES THE DELIMITATION ORDER TODAY

New Delhi: President Droupadi Murmu has given her approval for renaming the Nehru Memorial Museum and Library (NMML) as the Prime Ministers’ Museum and Library (PMML).  “In exercise of the powers conferred by Clause (3) of Article 77 of the Constitution, the President here by makes the following rules further to amend the Government of India (Allocation of Business) Rules, 1961. These rules may be called the Government of India (Allocation of Business) (373rd Amendment) Rules, 2023.
“In the Government of India (Allocation of Business) Rules, 1961, under the heading ‘Ministry of Culture’ in entry 9 in the Second Schedule, for the words 'Nehru Memorial Museum and Library’, the following words shall be substituted, namely: Prime Ministers' Museum and Library,” read the gazette notification issued by the Centre.  Earlier, the opposition Congress had slammed the BJP-led government at the Centre for removing the name of former Prime Minister Jawaharlal Nehru from the Museum and Library, calling it a part of “vendetta politics’’.  “It is not going to cause any problems for us. It is going to only create problems for them only. These people, what they are doing, it will definitely boomerang upon them. They have to be answerable to the country’ ’senior Congress leader K.C. Venugopal had said.
—IANS

President Droupadi Murmu has given her approval for renaming the Nehru Memorial Museum and Library (NMML) as the Prime Ministers’ Museum and Library (PMML).

Prez Murmu gives nod to rename Nehru Memorial as Prime Ministers' Museum

Patna: Bihar Police have decided to make it binding on investigators to complete investigation of cases within 75 days of registration of FIR from January 1 next year, a senior officer said.
The performances of all police stations and district police will also be reviewed on a monthly basis from January 1, 2024.  "The Bihar government is preparing to take several measures from January 1, 2024 to make the state police more people-friendly and accountable. Our main focus is to improve the quality of investigation.  "We are introducing 'Mission Investigation@75 days' from January 1. Investigations (that includes filing of the chargesheet) in all cases, barring specific ones, will be completed within 75 days of registration of FIRs", said Additional Director General (ADG) of Bihar Police (Headquarters) J S Gangwar.
"Every investigation by the police will be completed within 75 days… without unnecessary delay and chargesheets will be submitted in the court. It must be remembered that the delay in the submission of charge sheets militates against the principles of law", Gangwar told reporters on Friday.  The Bihar Police is also gearing up to bring radical changes in the criminal justice system after gazette notification by the Centre of the new laws passed to replace the Indian Penal Code (IPC), Criminal Procedure Code (CrPC) and Evidence Act.  "Bihar Police will bring radical changes in the criminal justice system after the gazette notification of the new laws recently passed by the Parliament replacing Indian Penal Code (IPC), Criminal Procedure Code (CrPC) and Evidence Act. Implementation of these three laws requires creation of additional infrastructural facilities, software update and training of available human resources", said Gangwar.  "We (Bihar Police) are gearing up for the exercise", the ADG added.  Three new bills that seek to overhaul the colonial-era criminal laws, making punishments more stringent for crimes such as terrorism, lynching, and offences endangering national security, were approved by Parliament on Thursday. The bills were passed in the Rajya Sabha by voice vote on Thursday. The Lok Sabha had approved these on Wednesday.
—PTI

Bihar Police, Bihar Police have decided to make it binding on investigators to complete investigation of cases within 75 days of registration of FIR from January 1 next year

Bihar Police to launch 'Mission Investigation@75 days' from January 1, 2024

Bihar Police have decided to make it binding on investigators to complete investigation of cases within 75 days of registration of FIR from January 1 next year

The Hawk

Tag : gazette

Central Govt Amends Nidhi Rules, 2014 To Safeguard The Interest Of General Public

Sunil Aswal

The Hawk

Tag : gazette

Central Govt Amends Nidhi Rules, 2014 To Safeguard The Interest Of General Public

Sunil Aswal

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DELIMITATION COMMISSION FINALISES THE DELIMITATION O ...

Prez Murmu gives nod to rename Nehru Memorial as Pri ...

Bihar Police to launch 'Mission Investigation@75 day ...