Posts Tagged ‘Company Law Board (CLB)’


Delegation of Powers to Regional Directors u/s 17, 18, 19, 141 and 188 of the Companies Act, 1956

F. No.1/1/2003 – CL.V (Pt. file), dated 30th Aug, 2012

To

The Secretary,

Company Law Board

I am directed to refer to this Ministry’s letter of even no. dated 31.7.2012 on the subject cited above and say that wherever fee on pending cases under section 17, 18, 19, 141 and 188 of the Companies Act, 1956 have already been paid by the companies/stakeholders at the time of filing of petition, consequent upon the transfer of applications/petitions from Company Law Board to the concerned Regional Directors, which is on account of operation of law, the company/stakeholders need not pay fee for the same petitions. Further, all pending cases before CLB under these sections stand transferred to Regional Directors. Lastly, objections, if any, received by CLB with respect to these petitions shall be forwarded to the concerned RDs by the Secretary, CLB in writing.

Click here to Download the above in PDF Format.

Source: Ministry of Corporate Affairs.


Company Law Board while passing an order in the matter of Shri Rupak Gupta & Others Vs. M/s. Banaras House Pvt. Limited has taken a very serious note of the serious breach of duty by Notaries in the capital while attesting affidavits (like affidavits having blank spaces, non disclosure of the identity of the person signing the affidavits, notarization in the absence of the deponents and cases of false impersonation and false identification of deponent.

In a press release issued by CLB it has been stated that Justice D.R. Deshmukh Chairman of CLB while deciding the aforesaid petition has directed the Chief Secretary, National capital Territory of Delhi to initiate immediate disciplinary action for cancellation of license of Mr. Ashok Kumar, Notary Public, Chamber No. B-112, BGS Block, Tis Hazari Courts, New Delhi–110 064 and Mr. Dipankar Das, Notary Public, Registration No. 916, 14, Lawyers Chamber, Supreme Court of India, New Delhi and to send a report to the Company Law Board of having done so. In one of the cases the notary had even attested the affidavit of a lady being deposed and signed by a man and indentified as such.

The Chief Secretary, NCT of Delhi has also further been directed to issue directions to all Notaries functioning in the NCT of Delhi to ensure that they shall obtain the signature and full details of not only the deponents but also the person indentifying such deponent in the Notary Register and the Notary shall affix his seal and signature on each page of the document/ petition being deposed to in the affidavits.

The Chief Secretary, NCT of Delhi has also been directed to forward a copy of such instructions to the Company Law Board at an early date.

Source: Press Information Bureau.

 

 

 

Company Law Board

Posted: 20/08/2012 in News, PIB
Tags: , ,

The Company Law Board (CLB) has its Principal Bench at New Delhi and four Regional Benches at New Delhi, Kolkata, Mumbai and Chennai.

The CLB received 13236, 12090 and 13352 petitions in the years 2009-10, 2010-11 and 2011-12 respectively. The increase in number of cases in 2011-12 is less than 1% over 2009-10.

The total budgetary allocation for Company Law Board during the last three financial years was as follows:-

2009-10: Rs. 3,32,41,000/-

2010-11: Rs. 3,81,39,000/-

2011-12: Rs. 3,59,70,000/-

This information was given by the Minister of State in the Ministry of Corporate Affairs Shri R.P.N. Singh in the Lok Sabha today in reply to a written question.

Source: Press Information Bureau.

 

 

 


Notification, [F No 1/ 1/ 2003-CL.V], dated 10.07.2012

G.S.R.  (E).- In exercise of the power conferred by section 642 read with Sub-section (2) of section 637A of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following rules further to amend the Company Law Board (Fees on Application and Petitions) Rules, 1991, namely :-

1. (1) These rules may be called the Company Law Board (Fees on Application and Petitions) (Amendment) Rules, 2012.

     (2) They shall come into force with effect from 12th August, 2012.

2. In Company Law Board (Fees on Application and Petitions) Rules, 1991, in the Schedule, serial numbers 1, 2, 3, 13, 18 and the entries relating thereto shall be omitted.

Renuka Kumar,

Joint Secretary to the Government of India

Note:- The principal regulations were published in the Gazette of India, Part II, Section 3, Sub-section (i) vide number G.S.R. 290(E) dated the 31st January, 1991 and subsequently amended vide the following notifications:-

Serial

Number

Notification

Number

Notification

Date

1.

GSR 787 (E) 29.9.1992

2.

GSR 219 (E) 6.3.2000

3.

GSR 510 (E) 22.7.2002

Click here to download the complete text of the above Notification in PDF Format- G.S.R. (E) dated 10.07.2012.

Source: Ministry of Corporate Affairs.