Tuesday, December 10, 2013

Golay rejects CM’s clarification on Companies Act

GANGTOK, 09 Dec: Sikkim Krantikari Morcha’s PS Tamang [Golay] has accused Chief Minister Pawan Chamling of misleading Sikkimese people on the Companies Act 2012.
In a press release issued today, Mr. Tamang has stated that clarifications by the Chief Minister [read “Chamling condemns deliberate misquoting…” in NOW! issue dated 09 Dec 2013] on some newspapers misquoting him will not alter people’s views on the dilution of the Old Laws of Sikkim or stop the extension of Companies Act 2012 to the State.
He has asked the CM to explain sub-section (1) of section 465 of the Act that states “The Companies Act, 1956 and the Registration of Companies (Sikkim) Act, 1961 (hereafter in this section referred to as the repealed enactments) shall stand repealed”.
While the new Central Act has provisions to repeal the Sikkim Act, this clause has not yet been notified.
Mr. Tamang goes on to refer to sub-section (vii) of the section 67 of the Companies Act 2012, vide which Jammu & Kashmir has been excluded. He question why such an exclusion has not been worked in for Sikkim which has Article 371F.
“If Article 370 of the Constitution can protect J&K then why cannot Article 371 F do the same for Sikkim?”, he questions.
He goes on to state that the CM should make public the unedited video footage of his speech where he claims to have been misquoted. Instead of clarifying on newspapers misquoting him, the CM should clarify on why Sikkim has not been given constitutional security, he adds.
The 2% share of profits that the State can earn annually from a company under the new Act can be affected by the State itself along with various other benefits like employment for Sikkimese people in the MoU that it signs with a company, he states, further alleging that justifying the extension of the Act to the state on such grounds is only an attempt to further confuse the Sikkimese people.

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