PART II, SECTION 3, SUB-SECTION (i)
GOVERNMENT OF INDIA
Company Law Board
Notification
New Delhi ,
the 15th June 2001
G.S.R.437(E) .-- In exercise of the powers conferred by sub
– sections (4B) and (6) of section 10E
of the Companies Act, 1956 (1 of 1956),
the Company Law Board hereby makes the following Regulations further to amend
the Company Law Board Regulations,1991, namely : -
1. ( 1 ) These regulations may be called as the
Company Law Board (Amendment) Regulations, 2001.
( 2 ) They shall come into force on the date of
their publication in the Official Gazette.
2. In the
Company Law Board Regulations, 1991,--
(a)
in regulation 14,
in sub-regulation (5), after the word, figures and letter “section 58A”, the
words, figures, letter and brackets “or sub-section (4) of section 117C”shall
be inserted;
(b)
in regulation 37 ,-
(i)
in the marginal
heading after the word “deposit”, the
words “and debenture” shall be inserted;
(ii) after
the word, figures and letter “ section
58A”, the words, brackets, figures and letter “ or under sub-section (4) of
section 117 C” shall be inserted;
(c)
after regulation
42, the following regulation shall be inserted, namely.-
“ 42A. Intimation or petition under section 58AA or 117B.
- An intimation under sub-section
(1) of section 58AA or a petition under sub-section (4) of section 117B of the
Act, shall be filed in Form No. 1 in Annexure II.”
3. In the Company Law Board Regulations,
1991,--
(i)
in ANNEXURE – II,
(a)
in FORM No.1, for
the brackets , words and figures “( See Regulations 13 and 14 )”,
the brackets , words and figures “ ( See
Regulations 13,14 and 42A)” shall be substituted.
(b) in Form No.4 ,-
(i)
after the word
“Depositor”, wherever it occurs, the words “/ Debenture Holder” shall be inserted;
(ii)
after the word, figures, letter and brackets“ SECTION 58A(9)”, the
words, figures, letter and brackets “OR SECTION 117 C (4)” shall be inserted;
(iii) after
the word, figures and letter “ SECTION 58A”, the words, figures, letter and
brackets “OR SECTION 117 C (4)” shall
be inserted;
(ii)
after the
expression “Depositors(s)”, appearing in serial number (iii), the
expression“/Debenture Holder(s)” shall be inserted;
(v) after the word “Deposit”, wherever it occurs, the word “/
Debenture” shall be inserted;
(vi) after
the expression “Deposit(s)”, appearing in serial number (i) of the prayer, the
expression “/Debenture(s)” shall be inserted;
(ii) in ANNEXURE-III, -
(a)
against serial number 6 ,-
(i)
in column (2),
after the figures, letter and brackets “58A(9)” , the word, figures and letter “or 117C” shall be inserted;
(ii) for
the entries in column (3) ,the following shall
be substituted, namely:--
“ Application
to direct the company to make repayment of the matured deposits
or debentures”;
(b)
after the serial number 6 and the entries thereto, the following serial
number and entries shall be inserted, namely:--
|
“6A |
58AA |
Petition to intimate
the default in making repayment of the matured deposits from small depositors
and interest thereon |
1.Names and addresses
of the officers of the company. 2.Full details of
small depositors such as names, addresses, amount of deposits, rate of interest, dates of maturity and other terms and conditions of deposits. 3.Resons for non
payment or late payment. 4. Annual Reports for
the last three years. 5. Projection and cash flow statement for the next three
financial years duly certified by
Statutory Auditors of the company.”; |
(c) after the serial number11 and the entries
thereto the following serial number
and
the entries shall be inserted,
namely:--
|
“11A |
117B(4) |
Petition to intimate the default in making repayment of
the matured debentures and interest thereon |
1.Names and addresses of the officers of the company. 2.Full details of debenture holders such as names,
addresses, amounts, rate of interest, dates
of maturity and other terms and condition of
the debentures. 3.Reasons for non-payment or late payment. 4. Annual Reports for the last three years. 5.Copy of the Prospectus issued at the time of issue of
debentures. 6. Copy of the Trust Deed.”. |
[F.No. 1(10) 88 –CL.V/CLB]
By Order of the Company Law Board
(H.S.SHARMA)
Secretary (CLB)
Foot Note: - Principal Regulation was amended vide G.S.R. No. 29(E) dated
31-05-1991
and
subsequently amended by:--
(1) G.S.R. No. 492 (E) dated 14-05-1992;
(2) G.S.R. No. 593 (E) dated 25-07-1994;
(3) G.S.R. No. 394 (E) dated 02-05-1995;
(4) G.S.R. No. 433 (E) dated 01-08-1997;
(5) G.S.R. No. 917 (E) dated 14-12-2000.