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Issues: Whether section 633 of the Companies Act, 1956 permits relief in proceedings arising under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, and whether such relief can extend to liabilities created by statutes other than the Companies Act.
Analysis: Section 633 was construed in the light of its text, context, and placement within the Companies Act, 1956. The provision grants relief to an officer of a company in proceedings for negligence, default, breach of duty, misfeasance or breach of trust arising from duties under the Companies Act, and sub-section (3) reinforces that construction by requiring notice to the Registrar of Companies. The Court contrasted this with section 14A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, which independently creates liability and punishment for offences under that welfare statute. It was held that extending section 633 to other enactments would undermine their penal scheme, including the mandatory notice structure and liability provisions applicable under those enactments.
Conclusion: Section 633 of the Companies Act, 1956 does not apply to liabilities or proceedings arising under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 or other statutes outside the Companies Act.
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