PRESIDENT PROMULGATES FOUR ORDINANCES

Feb. 22, 2019

President of India promulgated four Ordinances namely the Muslim Women (Protection of Rights on Marriage) Second Ordinance, the Indian Medical Council (Amendment) Second Ordinance, the Companies (Amendment) Second Ordinance and the Banning of Unregulated Deposit Schemes Ordinance, 2019.

1) The Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019: 

  • It has been promulgated to give continued effect to the provisions brought in by the earlier ordinance. 

  • It declares the practice of instant triple talaq to be void and illegal and also to make it an offence punishable with imprisonment up to three years and fine. 

  • It will protect the rights of married Muslim women and deter the practice of divorce by instant triple talaq. It also provide for payment of subsistence allowance and custody of minor children. 

2) The Indian Medical Council (Amendment) Second Ordinance, 2019: 

  • It has been promulgated to give continued effect to the work already done by the Board of Governors as per the provisions of earlier Ordinance. 

  • It enables the Board of Governors appointed in supersession of the Medical Council of India to continue to exercise the powers of MCI for a period of two years or till the Council is reconstituted, to ensure transparency, accountability and quality in the governance of medical education in the country. 

3) The Companies (Amendment) Second Ordinance, 2019: 

  • It has been promulgated to empower the Central Government to allow certain companies to have a different financial year instead of as determined by the Tribunal. 

  • It addresses the need to impose civil liability for technical and procedural defaults of a minor nature and to plug the corporate governance and enforcement frame work, through – 
    • re-categorisation of 16 minor offences as civil defaults which will de-clog special courts; 

    • transfer of certain routine functions such as permitting conversion of a public company into a private company from NCLT to the Central Government; 

    • making non-maintenance of registered office and non-reporting of commencement of business as grounds for striking of from register of companies; 

    • breach of ceiling on Directorships being made a ground for disqualification; and 

    • Enhancing the pecuniary jurisdiction of Regional Director’s for compounding offences under the Companies Act with a view to unburdening the NCLT of routine functions etc. 



4) The Banning of Unregulated Deposit Schemes Ordinance, 2019: 

  • Presently, non-banking entities are allowed to raise deposits from the public under the provisions of various statutes enacted by the Central Government and State Governments. However, the regulatory frame work for deposit taking activity in the country is not seamless. 

  • Thus the ordinance aims to prevent unregulated deposit schemes or arrangements at their inception and at the same time makes soliciting, inviting or accepting deposits pursuant to an unregulated deposited scheme as a punishable offence. 

  • It seeks to put in place a mechanism by which the depositors can be repaid without delay by attaching the assets of the defaulting establishments. 

 

 

Source : PIB

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