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NCLT declines to suspend GC of Delhi Gymkhana Club

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Delhi Gymkhana Club

New Delhi, June 27 : The National Company Law Tribunal (NCLT) declined to suspend the General Committee (GC) of the Delhi Gymkhana Club and also the appointment of administrator as sought by the Centre, instead directed the central government to appoint two of its nominees in the GC to monitor the affairs of the Club along with other GC Members and give suggestions.

The Ministry of Corporate Affairs (MCA) had moved the NCLT asking for replacement of the directors of the Club with government nominees to run the affairs of the company, and in the interim relief, asked for suspension of GC and for appointment of an administrator until final order is granted.

In an 81-page order the acting president NCLT Principal Bench B.S.V. Prakash Kumar said, though the reliefs seemingly look the same, there is a sea of difference between replacement and suspension.

Replacement is permanent arrangement and suspension is temporary arrangement. Suspension and appointment of administrator is a stop gap arrangement until final relief is granted.

“In any event, since this Bench is not ordering suspension of GC and appointment of administrator, where is the question of granting interim order covering final relief? This is a misplaced apprehension,” said the bench.

The NCLT directed the Centre to appoint two of its nominees, of its choice, as Members in the GC to monitor the affairs of the Club along with other GC Members and give suggestions to the GC, and also directed the Centre to constitute a Special Committee with five Members of its choice to enquire into the affairs of the Club, utility of the land leased out by the state.

This committee will also look into constructions in progress without requisite approvals or with approvals, suggestions for changes in Articles and Memorandum of Association, membership issues including waitlist and about accelerated membership, adherence of the Club to the Rules governed by Section 8 of the Companies Act 2013 and other miscellaneous issues if any. On the membership row, the club argued that the applicants” money is refundable on demand and since the monies have been given voluntarily by the applicant, without any promise of time for grant of membership to the applicant by the club, the question of payment of interest does not arise.

Also, the committee will file a report of recommendations suggesting for better use of the club premises for the larger good in a transparent manner on equity basis within two months.

The club had submitted that the present GC is duly elected by its members and all the allegations in the MCA”s petition relate to a period prior to the present GC got elected and since there is no other prayer in the petition, the same ought to be dismissed outrightly.

The NCLT said it found prima facie case demonstrating that the affairs of the Club are being conducted in a manner prejudicial to the public interest. “The GC is given liberty to carry day to day functions of the Club by using funds of it other than fee collected from applicants. All these directions shall remain in force until further orders,” said the order.

The NCLT bench further directed that the GC shall not proceed with construction or further construction on the site, it shall not make any policy decisions and it shall not make any changes to the Memorandum of Association or Articles of Association and it shall not deal with the funds received for admission of Members and it shall not conduct balloting until further orders.

India

Across 55L, India’s active cases dip, recoveries shoot up

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covid-19 test

In a major relief India showed a spike of 75,083 fresh coronavirus cases in a day, nearly 20,000 less than its daily surge reported last week. Even though it crossed the 55 lakh-mark of total cases, it continued to show the highest recovery rate, Health Ministry data showed on Tuesday.

There were now 9,75,861 active cases, while 44,97,867 have recovered, with 1,01,468 in the past 24 hours while 1,053 died taking the toll to 88,935.

With a tally of 55,62,663 cases, India’s recovery rate stands at 80.86 per cent, and the fatality rate is 1.60 per cent, according to the Ministry of Health and Family Welfare data.

Even though India rallies behind the US for the total number of coronavirus cases, it has overtaken the country to become number one in terms of global recoveries.

Maharashtra continues to be the worst-hit with a total of 12,24,380 cases including 33,015 deaths; followed by Andhra Pradesh, Tamil Nadu, Karnataka and Uttar Pradesh.

According to the data from the Indian Council of Medical Research (ICMR), India conducted 9,33,185 sample tests in a single day on Monday, taking the total number of samples tested so far to 6,53,25,779.

(IANS)

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India

PM Modi comes in defence of Harivansh, shares letter to Prez

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Narendra Modi

New Delhi, Sep 22 (IANS) After openly coming in support of Rajya Sabha Deputy Chairman Harivansh, Prime Minister Narendra Modi on Tuesday shared a letter written to President Ram Nath Kovind by the Deputy Chairman over the Upper House ruckus issue.

“I read the letter written to the Honourable President by Honourable Harivansh ji. Every word of the letter has given new faith in our belief in democracy. This letter is inspiring and praiseworthy. There is truth and sensitivity in it. My request is, all citizens must read it,” said the Prime Minister.

In the said letter, the Deputy Chairman has listed the “violence” and “intimidation” by a few Rajya Sabha members. He stressed he was born in the village of JP, whose social reform call changed India’s polity in the past. He also mentioned how the ruckus has affected him.

The Deputy Chairman quoted Dinkar and said he would observe a day’s fast against Sunday’s ruckus by a few opposition members in the Upper House.

Earlier Prime Minister Modi tweeted, “Everyone saw 2 days ago how he was humiliated, attacked in the temple of democracy and then the same people sat on a dharna against him. But you will enjoy that today, Harivansh ji made the same people drink tea from his house in the morning.”

The eight suspended MPs, who created a ruckus, had been sitting on a dharna in the Parliament House premises since Monday. The protest was later called off.

–IANS

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Govt lists 4 Bills for passage in LS on Tuesday

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Parliament of India

The Central government has listed three Labour Bills and one Finance Bill for passage in the Lok Sabha during the ongoing session of Parliament on Tuesday.

The Occupational Safety, Health And Working Conditions Code, 2020; Code On Social Security, 2020; Industrial Relations Code, 2020; and Factoring Regulation (Amendment) Bill, 2020 are among the Bills listed in the Legislative Business.

The Bills will be moved after the House will assemble for the day at 3 p.m.

Union Labour and Employment Minister Santosh Gangwar will move the ‘Occupational Safety, Health And Working Conditions Code, 2020’ to consolidate and amend the laws regulating the occupational safety, health and working conditions of the persons employed in an establishment.

The Minister will also move the Bill on the ‘Code On Social Security, 2020’, which seeks to amend and consolidate the laws relating to social security. The aim of the Bill is to extend the security to all employees and workers either in the organised or unorganised or any other sectors.

He will also move the ‘Industrial Relations Code, 2020’ Bill to consolidate and amend the laws relating to Trade Unions, conditions of employment in an industrial establishment or undertaking, investigation and settlement of industrial disputes.

The government on Saturday introduced three Bills related to the labour laws, including on industrial relations, in the Lok Sabha amid opposition from the Congress and a few other parties. He had also withdrawn the three Bills that were introduced last year. The Minister then said that over 29 labour laws have been merged into four codes and that one of them has already been passed.

The Code on Wages Bill, 2019 was passed by Parliament last year. Gangwar had noted that the government engaged in wider consultations over these Bills with various stakeholders and that more than 6,000 comments were received online on the Bills.

These Bills were later sent to the Standing Committee and 174 of its 233 recommendations have been accepted, the Minister had said.

Finance Minister Nirmala Sitharaman will move the Factoring Regulatio

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