COMPANY LAW BOARD (FEES ON APPLICATONS & PETITIONS) RULES, 1991

In exercise of the powers conferred by section 642 read with sub section (2) of section 637A of the Companies Act, 1956 (1 of 1956), and all powers enabling it in that behalf, the Central Government hereby makes the following rules, namely :-

Short title and commencement – (1) These rules may be called the Company Law Board (Fees on Applications and Petitions) Rules, 1991

(2) They shall come into force on the date of their publication in the Official Gazette.

Definitions : - In these rules, unless the context otherwise requires-

(a) “ Act” means the Companies Act, 1956 (1 of 1956);

(b) “Company” includes a foreign company;

(c) “Company Law Board” means the Board of Company Law Administration, constituted under section 10E of the Act;

(d) “Monopolies Act” means the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969);

(e) “Regional Director’” means a person appointed by the Central Government, in the Department of Company Affairs, as a Regional Director;

(f) “Registrar” means the Registrar of Companies appointed under the Act;

(g)“Section” means a section of the Act;

(h) “Schedule” means schedule to these rules;

(i)“Security” means security as defined in clause (b) of sub-section (1) of section 22A of the Securities Contracts Act;

(j)“Securities Contract Act” means the Securities Contracts (Regulation) Act, 1956 (42 of 1956)

3.Fees on application or petition – (1) Every petition made to the Company Law Board shall be accompanied by appropriate fee specified in the schedule to these rules:

Provided that no fee shall be payable on applications or petitions made by the Regional Director, Registrar of Companies, or by the Central Government, or by any officer on behalf of the Government (or by the Government of a State)

(2)Every interlocutory application made to the Company Law Board for an interim order or direction shall be accompanied by a fee of rupees  fifty.

4.The fees payable under these rules shall be paid by means of a Bank Draft drawn in favour of Pay and Accounts Officer, Department of Company Affairs, New Delhi/Bombay/Calcutta/Madras

5.The fees received by the Pay and Accounts Officer under these rules shall be credited to the Public Account of India under the Head of Account 1475 – Other General Economic Service-Regulation of Joint Stock Companies-Fees released under the Companies Act, 1956.

Schedule

(See rule 2(1))

S. No.        Section of                     Nature of application/petition                                                                Fees

                   the Act                                                                                                                                   (in Rs.)

1.

S.17 (2)

For confirming alteration in memorandum of association as to change of place of the registered office form one State to another or with respect to objects of a company

1,000

2.

S.18 (4)

For extension of time for filing documents for registration of alteration

100

3.

S.19

Application for revival of order made under section 17

100

4.

S.43

Praying for relief from consequences of failure to comply with the conditions constituting it a private company

200

5.

S.49 (10)

To direct the company to allow an immediate inspection of Register of Investment, if the inspection is refused.

100

6.

S.58A (9)

To direct the company to make repayment of the matured deposits

50

 

7.

S.79 (2)

To sanction issue of shares at a discount

1,000

8.

S.80A (1) Proviso

To give consent to issue of further redeemable preference shares in lieu of irredeemable preference shares.

1,000

9.

S.111

For rectification of Register of Members on any ground including refusal of registration of transfer/transmission of shares/debentures by the company

500

10.

S.113(1)

For extending the period for delivery of the certificate of debenture

500

11.

S.113 (3)

To correct the default in non-compliance of sub-section (1) of section 113 providing time-limit for issue of shaire/debenture certificates

50

12.

S.118 (3)

For furnishing copy of trust deed to person requiring it.

50

13.

S.141 (1) and (3)

For extension of time or condonation of delay in filing the particulars of a charge or modification of a charge or intimation of payment or satisfaction of a charge with the Registrar of Companies

200

14.

S.144  (4)

To direct inspection to copies of instrument creating charges or register of charge.

200

15.

S.163 (6)

To direct inspection of registers and returns or to furnish the copies thereof to the person requiring it.

100

16.

S.167

To direct or to call annual general meeting.

500

17.

S.186

For ordering calling of general meeting (other than annual general meeting)

500

18.

S.188 (5)

For order as to whether the Rights conferred are being abused to secure needless publicity for defamatory matter and to order company’s costs to be paid in whole or in part by the requisitionists.

50

19.

S.196 (4)

For passing order directing immediate inspection of minute books or directing a copy thereof be sent forthwith to person requiring.

50

20.

S.219(4)

To pass an order directing that a copy of balance sheet and auditor’s report demanded by furnished forthwith to person concerened.

50

21.

S.225(3) Proviso

To decide as to whether right of auditors to get their representation circulated and read out at meeting is being abused to secure needless publicity for defamatory matter and to order company’s costs on an application to be paid in whole or in part by retiring auditors.

500

22.

S.235 (2)

To declare by an order that affairs of a company be investigated by inspector(s).

2,500

22A

S.237 (b)

To order investigations of the affairs of a company.

2,500

23.

S.250

Complaint by any person for finding out facts about certain shares.

2,500

24.

S.284 (4) Proviso

To decide as to whether right of director to get his representation circulated and read out at meeting is being abused to secure needless publicity for defamatory matter and to order company’s costs on any application to be paid in whole or in part by such director.

500

25.

S.304 (2) (b)

To pass an order directing immediate inspection of register maintained under section 303

500

26.

S.307 (9)

To pass an order directing immediate inspection of register maintained under section.

500

27.

Ss. 397, 398, 400, 401, 402, 403, 404, 405.

To exercise powers in connection with prevention of oppression and/or mismanagement.

5,000

28.

S.407 (1) (b)

To grant leave for an appointment of managing director or manager whose agreement has been terminated or set aside provided notice has been served on Central Government.

2,500

29.

S.408

To decide whether it is necessary to appoint Government directors on the Board of directors and to advise Central Government accordingly.

2,500

30.

S.409 (1)

To prevent change in Board of Directors likely to affect company prejudicially.

2,500

31.

S.614 (1)

To pass an order directing a company to make good the default from its failure to make returns, etc., to the Registrar of Companies.

500

32.

S.22A (4) (C) of the Security Contracts Act.

To issue of direction for registration/non-registration of Securities.

500

33.

S.2A of the Monopolies Act

For determination of any question of group, interconnection or same management in accordance with the provisions of section 2A of the Monopolies Act.

500

(Sudha Pillai)

                              Joint Secretary to the Government of India.