Cos 466 — Dissolution of Company Law Board and consequential provisions

Companies Act, 2013

Statutory text

(1)  Notwithstanding anything  contained  in  section  465,  the  Board  of  Company  Law  Administration  constituted  under  the
Companies Act, 1956 (1 of 1956) (hereafter in this section referred to as the Company Law Board) shall stand dissolved on the constitution of the Tribunal and the Appellate Tribunal:
Provided that until the Tribunal and the Appellate Tribunal is constituted, the Chairman,                     Vice-
Chairman and Members of the Company Law Board immediately before the constitution of the Tribunal and the Appellate Tribunal, who fulfil the qualifications and requirements provided under this Act regarding appointment  as  President  or  Chairperson  or  Member  of  the  Tribunal  or  the  Appellate  Tribunal,  shall function as President, Chairperson or Member of the Tribunal or the Appellate Tribunal:
Provided further that every officer or other employee, who had been appointed on deputation basis to the Company Law Board, shall, on such dissolution,—
(i)  become  officer  or  employee  of  the  Tribunal  or  the  Appellate  Tribunal,  if  he  fulfils  the qualifications and requirements under this Act; and (ii) stand reverted to his parent cadre, Ministry or Department, in any other case:
Provided  also  that  every  officer  and  the  other  employee  of  the  Company  Law  Board,  employed  on regular basis  by that Board, shall become,  on and from such dissolution the officer and other employee, respectively, of the Tribunal or the Appellate Tribunal with the same rights and privileges as to pension, gratuity  and  other  like  benefits  as  would  have  been  admissible  to  him  if  he  had  continued  to  serve that
Board and shall continue to do so unless and until his employment in the Tribunal or the Appellate Tribunal is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the
Tribunal or the Appellate Tribunal, as the case may be:
Provided also that notwithstanding anything contained in the Industrial Disputes Act, 1947              (14
of 1947) or in any other law for the time being in force, any officer or other employee who becomes an officer or other employee of the Tribunal or the Appellate Tribunal under the preceding proviso shall not be entitled to any compensation under this Act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority:
Provided also that where the Company Law Board has established a provident fund, superannuation fund, welfare fund or other fund for the benefit of the officers and other employees employed in that Board, the  monies relatable  to the officers  and other employees  who have  become  officers or employees  of the
Tribunal or the Appellate Tribunal shall, out of the monies standing to the credit of such provident fund, superannuation  fund,  welfare  fund  or  other  fund,  stand  transferred  to,  and  vest  in,  the  Tribunal  or  the

Appellate Tribunal, as the case may be, and such monies which stand so transferred shall be dealt with by the Tribunal or the Appellate Tribunal in such manner as may be prescribed.
(2) The persons holding the offices of Chairman, Vice-Chairman and Members, and officers and other employees  of  the  Company  Law  Board  immediately  before  the  constitution  of  the  Tribunal  and  the Appellate Tribunal who are not covered under proviso to sub-section(1) shall vacate their respective offices on such constitution and no such Chairman, Vice-Chairman and Members and officers or other employees shall be entitled to claim any compensation for the premature termination of the term of his office or of any contract of service, if any.

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