Report No. 47
XV. Amendment of the Drugs and Cosmetics Act, 1940
In section 34 of the Act (offences by companies), a provision should be added to the effect that the Chairman and Managing Director of a company1 shall be conclusively presumed to have consented to or connived at a transaction connected with a licence applied for and obtained under the Act in the name of the company.
1. Para. 8.13.
XVI. Amendment of Companies Act
Where a person is convicted of a serious offence under the Acts in question, the court should have power to disqualify him for holding office as director in any company for a specified period1.
1. Chapter 8.
XVII. Amendment of the Constitution
Constitution, Seventh Schedule, Union List, Item 9, should be amended so as to read as follows:-
"Preventive detention for reasons connected with defence, foreign affairs, the security of India, the effective realisation of duties of Customs and Excise, or the conservation of foreign exchange; persons subject to such detention.1"
1. Para. 16.12.
XVIII. Appeals in Administrative Adjudications
Multiplicity of appeals should be avoid in administrative adjudications under the Acts in question. Further, the highest revisional authority should be independent of the Executive.1
1. Paras. 14.6. and 14.7 of the Report.
The holding of periodical meetings and workshops on sentencing may be beneficial, not only in the context of economic offences, but also in the evolution of a rational and consistent policy of sentencing1.
1. Chapter 18.
XX. Revision of taxation laws
It is necessary that a study in depth of tax laws should be made, with a view to codifying all the laws in one common code which would be simple, clear and stable.1
1. Para. 3.35.
P.B. Gajendragadkar, Chairman.
V.R. Krishna Iyer, Members.
P.K. Tripathi, Members.
P.M. Bakshi Secretary.
Dated: 28th February, 1972.