The Assam Non-Trading Companies Act, 1960

ASSAM NON-TRADING COMPANIES ACT, 1960" (Assam Act No . XXXII of 1960) [Received the assent of the Governor on the 1J?th December, 1960) An Acl lO provide th e taw for incorporation, regulation and wlodiog up of noo-trading compani es aod certain other a..ociatloos " it h ohjecll conllned 10 the Stale of Assam Preamble. Whereas it is expedient to provide the law for incorpo ra ­ t ion, regulati on and winding up of non-t rading com panies and cert ain ot her associati on s with objects confine d to the Stale of Assam, in the manner here inaft er appearing; It is hereby enacted in the Eleventh Year o f the Republic of India as follows : I. Sho rt ti tle, extent and commencemenl. (I ) This Act may be called th e Ass am Non-Trad ing Companies Act, 1960. (2) It extends to the whole of the Stat e of Assam. (3) It shall come int o force a t once. (4) It shall apply to a company a s defined in S . 2 of thi s Act. COMMENTS Section J. This Act conce rns with the prov isions of law (or incor po .. ra tion. regu lation and wind ing up of non-trad ing companies and cer tai n other associations with o bjects con fined to the Stale o f Assam. 2. Dellnltion. In th is Act " a company" means a company forme d and regist er ed unde r t his Act or an exis ting co mpa ny formed and re g­ istered und er any of th e previous company laws speci fied in CI . (ii) o f sub-So( I) of S. 3 of the Companies Act , 1956 (Act I of 1956) ; a nd (i) which is confined in the sco pe of its objects to theState of A ssam ; and (i i) whic h is a non-trad ing corporati on wit hin the meaning of Entries 43 and 44 in List I 01 the Seventh Schedule to the Cons­ t itution of Ind ia . 3. Application of Ihe Companies Act, 1956 to non·tr ading companies with objects confined to the Stale of Assam . Th e provision s of the Com­ pan ics Act. 1956 (Act I of 1956) sha ll , so for as may be. apply to inc orpo­ ra tion, regulat ion and winjling up o f companies to which 'hi s Act applies. * Published in th e Assam G azette, Extraordi na ry. dated the 17th December , 1960. ( 642 Scb .] A SSAM N UN·TRAlH NG C OMPANI ES A CI, 19611 643 Provided t bat- (i) the powers confer red on the Centrnl G overnmen t by tho se pr ov ision s sha ll be ex er ci sable and may be exerc ised by thc St ate Governmen t ; (ii) the St at e Government may, by notificat ion in the offic ial Gazette, ado pt , so fa r as rhay be, the rul es fr am ed by th e Supreme Court und er S 643 o f the Companies Act, 1956 (Act I of 1956) ; (iii) the St a te G overn ment sha ll be competent by not ifica ti on in the official G azett e, 10 delegate a ll o r any of suc h powers to any subo rdinat e officer or a uthori ty speci fied in th e nouficat ion : (iv) the State G overnment sha ll have power , by a like no ti fication, to rel ax, omit , add to or vary any provision of the afo resaid Act, hereby made appl icable to companies to wh ich th is Act appl ies I and (v) the powers, duties and funct io ns o f th e Registr ar under the sai d p rovision s sha ll be exerci sed , d isch ar ged a nd pe rformed by suc h per so n as may be a p po inted by the St at e G overnment by name or by virtue of office, to the Registrar in relation to -com.. pan ies to whi ch th is Ac t app l ies . 4 . Repeal and s•• lag s. (l ) The enac tme nts speci fied in the Schedul e to th is Act wit h regard to the ir o per a t ion in res pect o f m corporauon, regula tion and wind ing up 0 1 non-t rading companies with o bjects connned to t he St a te of Assam are hereby repea led . (2) N o twithsta nd ing the repeal un der sub-S (I ), the provision s of the enactments re p ealed shall. with regard to no n-n admg Cl n .pemes w.u . objects confined to the Stale of Assam, appl y in re spe ct of such mailers as provided in Ss. 645 , 646, 647, 6~H, 649, 650, 651 , 652, 653, 654, 655, 656 ,657 and 652 of the Com panies Act, 1956 (Act 1 ot 1956) . SCHEDULE Enatments repealed [See Section 4 (Ill Year No. ( I) (2) 1913 VII 1942 L1V 1951 LIt 1952 LI Subject o r sho rt t it le (3) Th e Inian Companie s Act , 1913 . Th e Regist ration o f Tran sfer red Com­ panies Ord inance. The Ind ian Compan ies (Ame ndme nt) Act, 1951. T he Ind ian Compan ies (Am en dment) Act . t952. Application in the Sla te of l\lcgha lay a : Th is Act ha s been ad apted for its a pplicati on in th e St are o f Meg ha­ laya vide the Meghal aya Ad apta t ion o f Law s O rder (No. I) 1974. •, ;