Sl.
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Section(s) under the CA,
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Clause No. in the
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Proposed amendment relating to
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Remarks/Comments/Penalty
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No.
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2013, amended
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Amendment Bill
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81
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Section – 438 –
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82
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Amendment of Section 438 of the Act, consequent upon the
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proposed amendment to Section 435 of the Act, thereby to
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Application of Code to
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replace the words "deemed to be a Court of Session", with the
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Proceedings before
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words "deemed to be a Court of Session or the court of
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Special Court.
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Metropolitan Magistrate or a Judicial Magistrate of the First
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Class, as the case may be".
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82
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Section – 439 -
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83
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Amendment to Sub-section (2) of Section 439 of the Act to
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Welcome Amendment to remove
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include ”Member” in addition to the shareholders, for
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ambiguity.
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Offences to be non-
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making a complaint with respect to taking cognizance of
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cognizable.
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offences under the Act by the Court.
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83
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Section – 440–
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84
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Amendment to Section 440 of the Act to provide that till
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Special Courts are established, the trial of offences shall be
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Transitional provisions.
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continued with Court of Sessionor Court of Metropolitan
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Magistrate or a Judicial Magistrate of the First Class, thereby
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to replace the words " Court of Session", appearing in the
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section with the words " Court of Session or the court of
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Metropolitan Magistrate or a Judicial Magistrate of the First
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Class, as the case may be.
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84
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Section –441 –
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85
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Amendment to Sub-Section (1) of Section 441 of the Act to
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Welcome Amendment, giving
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replace the words "with fine only", appearing in the Sub-
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further scope to compound
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Compounding of
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Section, with the words "not being an offence punishable with
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o f f e n c e s p u n i s h a b l e w i t h
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certain offences
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imprisonment only, or punishable with imprisonment and also
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imprisonment or with Fine, with
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with fine".
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imprisonment or with Fine or both
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with out the special permission of
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NOTE: Consequent upon amendment to Sub-Section (1) of
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the Special Court.
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Section 441, the clause (a) of Sub-Section (6) of Section 441,
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also needs amendment, but seems to have been missed out
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in the proposed amendment bill.
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