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C I T I Z E N 'S C H A R T E R

MINISTRY OF FINANCE & COMPANY AFFAIRS

DEPARTMENT OF COMPANY AFFAIRS

NEW DELHI.

This Charter is a declaration of our mission, values and standards, and our commitment to achieve excellence in the formulation and implementation of Polices and procedures of Department of Company Affairs for the benefit of the Public, investors and corporate sector, who are our partners in progress.

OUR SERVICES

We provide:

  • legal framework for incorporation as well as proper and efficient functioning of companies;

  • redressal forums for grievances of investors, creditors and others;

  • dissemination of information by issue of press notes and publication of official journal titled 'Company New and Notes';

  • interaction with professional bodies and business community for continuous feed back regarding general difficulties of corporate sector;

  • maintaining in the offices of Registrar of Companies various documents filed by the companies and making available the same for inspection by the general public;

  • surveillance over the working of corporate sector by conducting inspections to ensure financial health and compliance with statutory rules;

  • investigations into the affairs of companies especially where complaints are received;

  • prescribing the cost audit rules and ordering /approving the appointment of cost auditors in various industries;

  • ensuring compliance with the prescribed accounting standards under the Companies Act;

  • monitoring the development of the professional bodies i.e. the Institute of Chartered Accountants of India, Institute of Company Secretaries and Institute of Cost & Works Accountants of India;

  • coordination with other Government Departments & other autonomous bodies like Security Exchange Board of India, Reserve Bank of India and Stock Exchanges etc.

  • settlement of disputes through a quasi-judicial forum i.e. Company Law Board regarding mismanagement and oppression of minority etc.

  • interaction with Monopolies & Restrictive Trade Practices Commission and the Director General of Investigation and Registration in connection with Restrictive Trade Practices , Monopolistic Trade Practices and Unfair Trade Practices indulged into by unscrupulous companies;

OUR COMMITMENT

WE SHALL CARRY OUT OUR TASKS WITH

integrity and judiciousness,

courtesy and understanding,

objectivity and transparency

promptness and efficiency

 

OUR EXPECTATION

  • We expect the corporate sector to be prompt and reasonable in fulfilling their duties and legal obligations and be true and honest in furnishing information to us.

  •  

    OUR STANDARDS

    WE SHALL

    • acknowledge applications, returns and all communications within 7 days of their receipt .

    • resolve expeditiously complaints regarding delay in issue of allotment letters & Share/debenture certificates, refund of application money, delay in transfer of shares & nonpayment of dividends/interest on shares/debentures/fixed deposits etc in close coordination with other agencies.

    • ensure that all applications submitted to the Department of Company Affairs, Regional Directors and Registrar of Companies, are processed within the time frame as indicated - in Schedules (I) (II) (III) & (IV annexed.

    • be courteous, prompt, effective & provide time bound services.

     

    WE FURTHER COMMIT THAT

     

    • all officers who deal with the public will wear name badges and carry an Identity Card in all offices of RegionalDirectors and Registrar of Companies.

    • personal and business information disclosed to us will be kept confidential.

    • inspections, investigations and legal proceedings will be initiated only after Department is satisfied that prima facie evidence exists.

    • we will provide full information about appeal procedures and the authorities with whom appeals can be filed.

    • we will continuously consult all public interests while reviewing our policies and procedures and provide timely publicity of all changes in the law or procedures.

    • every possible assistance will be rendered by the Facilitation Centre, of Department of Company Affairs, at Shastri Bhawan, New Delhi and in Registrar of Companies Offices & all relevant information and details of procedures as may be required shall be provided. For this purpose an officer would be designated who will not only provide guidance but would also be responsible for hearing the public grievances. The name of such officer along with the timing of meeting him would be prominently displayed in each of the offices of Registrar of Companies and Regional Directors. Similarly, the names of senior officers who could be contacted in the case of complaint would be prominently displayed in each of the field offices.

    HELP LINES

    • By providing up to date computerized information on name availability, processing of applications and complaints etc at various offices of Registrar of Companies. The Web Site of the Department also provides details about the activities of the Department, Annual Reports, working draft of the Companies Bill 1999, press releases and monthly corporate releases(internet version).

    (web site address:www.nic.in/dca )

     

    Free pamphlets or priced publications can be had from :

    Facilitation Centre,
    Department of Company Affairs,
    Shastri Bhawan,
    New Delhi - 110 001.
    Telephone No. 3386110.

     

    • Organizational chart of Department of Company Affairs (Schedule V)

    Schedule I

    Functions falling within the jurisdiction of the Central Government & dealt with at the headquarters of the Department of Company Affairs, at New Delhi.

    S.No. Particulars of powers and functions Period
    1. Application for further issue of shares Section 81(1A)(b); Conversion of loans into shares - Section 81(3)(b)/81(4) of the Companies Act, 1956. 30 Days
    2.

    Payment of dividend without providing for depreciation.

    30 Days
    3.

    Application for changes in the Form and contents of balance sheet and profit and loss account - Section 211(4).

    30 Days
    4.

    Exemption from inclusion of particulars of subsidiaries in the balance sheet of holding company - Section 212(8).

    30 Days
    5.

    Application for extension of financial year of a holding company and subsidiary - Section 213.

    30 days.
    6.

    Application for ordering investigation of the affairs of the company - Section 237(a)(i).

    60 days.
    7.

    Application for supply of a copy of the investigation report - Section 241(2)(b).

    15 days.

    8.

    Application for approval for increase in number of directors - section 259.

    30 days.

    9.

    Application for amendment of provisions relating to Managing Director/Wholetime Director/Non Rotational Directors - Section 268.

    30 days.

    10.

    Application for appointment and remuneration of Managing Director/ Wholetime Director/ Manager - Section 269(2), 209(3), 310, 311; Director holding office at place of profit - 314 (1B); waiver of recovery of excess remuneration paid to Director - 309(5)(B); professional director - opinion of Govt. - 309(1)(b).

    30 days.

    11.

    Application for removal of qualification qua directors - Section 274(2).

    30 days.

    12.

    Application for appointment of sole-selling agent - Section 294AA(2)(3)/294AA(5)(6)

    30 days.

    13.

    Application for approval of loans or giving guarantee or providing security to directors etc. Section 295.

    30 days.

    14.

    Application for amalgamation of companies in national interest - Section 396.

    60 days.

    15.

    Application for authorising members to apply to CLB for filing petition of oppression and mismanagement Section 399(4).

    90 days.

     

    16.

    Appointment of auditors of Government Companies - Section 619(2).

    30 days.

    17.

    Application for extension of time/change of venue for holding AGM by Government Companies - Section 166 & 210.

    10 days.

    18.

    Application for extension of time/exemption Section 58A(8).

    15 days.

    19.

    Condonation of delay u/s 637B.

    30 days.

    20.

    Appointment of Cost Auditor - 233B.

    30 days.

    21.

    Accounts of foreign companies - exemption u/s 594.

    30 days.

    22.

    Power to modify Act in its application to Nidhi etc. - Section 620A.

    45 days.

    23.

    Grievances/complaints of the investors/public.

    30 days.

    Schedule II

    Functions falling within the jurisdiction of Regional Directors:

    S.No. Particulars of powers and functions Period
    1.

    Application for rectification of name of a company - Section 22 of the Companies Act, 1956.

    30 days.

    2.

    Application for license to charitable companies, associations etc. - Sec. 25.

    30 days.

    3.

    Application for appointment, removal of auditors - section 224(3) & (7).

    45 days.

    4.

    Application for approval of contracts in which directors are interested - Section 297(1).

    30 days.

    5.

    Submission of representation to the High Courts on application for amalgamation - Section 394A.

    30 days.

    6.

    Representations to be made before CLB on petition u/s 397/398 - Section 400.

    30 days.

    7.

    Proposal for winding up of a company - Section 433/439.

    30 days.
    8.

    Application for payment of unpaid dividend out of company's liquidation account - Section 555(7)(b).

    30 days.

    9.

    Application for inspection of documents and issue of certified copies - Section 610(1).

    7 days.

    10.

    Application for compounding of offences - 621A.

    30 days.

    11.

    Grievances/complaints of the investors/ public.

    30 days.

     

    Schedule III

     

    Functions falling within the jurisdiction of Registrars of Companies:

    S.No. Particulars of powers and functions Period
    1.

    Application for approval of name of a proposed company - Section 20 of the Companies Act, 1956.

    3 working days.

    2.

    Application for registration of a company - Section 33.

    10 working days.
    3.

    Application for change of name of a company - Section 21/31 and Section 43A(4), 572.

    15 working days.

    4.

    Application for extension of time for presentation of transfer deed - Section 108(1D).

    3 working days.

    5.

    Application for extension of time for holding AGM - Section 166.

    10 days.

    6.

    Application for extension of accounting year - Section 210(4).

    7 days.
    7.

    Registration of charges, modifications and satisfaction - Section 125 and 141.

    2 working days.

    8.

    Issue of certified copy of documents - Section 610.

    5 working days.

    9.

    Grievances/complaints of investors/public

    30 days.

    10.

    Applications for payment of unpaid/unclaimed dividend - Sec 205A

    30 days

    11.

    Endorsement of blank share transfer forms - Sec 108

    Same day

    12

    Registration of other documents filed with ROCs

    60 days

    13

    Reports to RD/Department/CLB

    30 days.

     

    Schedule IV

     

    Functions falling within the jurisdiction of official liquidators :

    S.No. Particulars of powers and functions Period (Subject to the approval of the Hon'ble High Court wherever necessary)
    1.

    Taking over possession of assets, books of accounts and other records of companies in liquidation.

    15-30 days from the date of winding up order.

    2.

    Completion of inventories of the assets and books of accounts etc. of the companies in liquidation.

    30 days from the date of

    taking over possession.

    3.

    Valuation of the property

    30 days from the date of completion of inventories.

    4.

    Completion of sale of assets.

    45 days from the date of valuation of properties.

    5.

    Handing over possession of property to buyers.

    7 days from the date of payment of sale price.

    6.

    Scrutiny of books and records of the companies and submission of reports to the High Court in respect of transferor company u/s 394(1).

    30 days.

    7.

    Invitation of claims and settlement of list of creditors.

    90 days.

    8.

    Payment to creditors.

    15 days from the date of orders of the High Court.

    9.

    Submission of final dissolution report

    30 days from the date of settlement of claims.

    .

    SCHEDULE V

    Regional Directors

    The four Regional Directors (RD) are in-charge of the respective regions, each region comprising a number of States and Union Territories. They supervise the working of the offices of the Registrars of Companies and the Official Liquidators working in their regions. They also maintain liaison with the respective State Governments and the Central Government in matters relating to the administration of the Companies Act. Certain powers of the Central Government under the Act have been delegated to the Regional Directors. They have also been declared as heads of Department. There is also an Inspection unit attached to the office of every Regional Director for carrying out the inspection of the books of accounts of Companies under Section 209A of the Companies Act.

    Addresses of Regional Directors

    EASTERN REGION

    NIZAM PALACE
    II MSO BUILDING
    3RD FLOOR,
    234/4 A.J.C.BOSE ROAD
    CALCUTTA-700020
    PHONE 033-2470382 033-2477380

    033-2473158 033-2473404

    FAX 033-2470958

    SOUTHERN REGION

    5TH FLOOR
    SHASTRI BHAWAN
    26 HADDOWS ROAD
    CHENNAI- 600006
    PHONE -044-8271737 044-8278361

    044-8276682 044-8276685

    FAX 044-8280436

    NORTHERN REGION

    10/499 B
    ALLENGANJ KHALASI LINE
    KANPUR-208001
    PHONE 0512-291782 0512-291791

    FAX 0512-291769

    WESTEWESTERN REGION

    EVEREST 5TH FLOOR
    100, NETAJI SUBHASH ROAD MUMBAI - 400002
    PHONE 022-2817259 022-2811493 022-2812627 022-2812645 022-2813760

    FAX 022-2812389


    Registrars of Companies

    Registrars of Companies (ROC) appointed under Section 609 of the Companies Act covering the various States and Union Territories are vested with the primary duty of registering companies floated in the respective states and the Union Territories and ensuring that such companies comply with statutory requirements under the Act. These offices function as registry of records, relating to the companies registered with them, which are available for inspection by members of public on payment of the prescribed fee. The Central Government exercises administrative control over these offices through the respective Regional Directors.

    REGISTRARS OF COMPANIES (ROC)

    ANDHRA PRADESH

    2ND FLOOR, 3-5-398.
    KENDRIYA SADAN, SULTAN BAZAR, KOTI,
    HYDERABAD - 500195
    PHONE 040-4657937, 040-4656114, 040-506972
    FAX 040-4652807

    BIHAR

    MAURYA LOK COMPLEX
    BLOCK -A
    4TH FLOOR,
    DAK BANGLOW ROAD
    PATNA - 800001
    PHONE 0612-222172


    GOA,DAMAN & DIU
    DAULAT BUILDING
    2ND FLOOR ST.INEZ
    PANAJI,
    GOA - 403001
    PHONE 0832-224180

    J & K
    HOUSE NO.236, SECTOR-5,TRIKUTA NAGAR, JAMMU -180012

    PHONE 470306

    KERALA

    M.G. ROAD,
    ERNAKULAM
    COCHIN - 682011
    PHONE 0484-355231
    FAX 0484-361424

    MAHARASHTRA-I

    EVEREST, 100
    MARINE DRIVE
    MUMBAI - 400002
    PHONE 022-2812639 022-2812645
    FAX 022-2811977

    MAHARASHTRA-I

    HAKOBA COMPOUND, 2ND FLOOR, DATARAM LAL MARG, CHINCHPOKLI
    KALACHOWKI
    MUMBAI
    PHONE 022-3782497

    PONDICHERRY

    NO. 35 FIRST FLOOR
    ILLANGO NAGAR
    PONDICHERRY - 605011
    PHONE 0413-36129

    RAJASTHAN

    132, VIJAY NAGAR, KARTARPURA  NEAR KARTARPURA RAILWAY CROSSING , JAIPUR - 302006

    PHONE 360492, 366272, 360492


    TAMILNADU-II

    COIMBATORE STOCK EXCHANGE BUILDING, 2ND FLOOR, 683-686, TRICHY ROAD, SINGANALLUR
    COIMBATORE - 641005
    PHONE 0432-302473

    WEST BENGAL

    NIZAM PALACE
    2nd MSO BUILDING
    2nd FLOOR, 234/4, A.J.C.B. ROAD
    CALCUTTA - 700020
    PHONE 033-2800409
    FAX 033-2473795

    ASSAM

    ASSAM, TRIPURA, MANIPUR, NAGALAND, MEGHALAYA, MIZOARAM, AND ARUNACHAL PRADESH,SHILLONG, MORELLO, BUILDING GROUND FLOOR, KACHARI ROAD, SHILLONG - 793001. PHONE 223665

    DELHI & HARYANA-I

    B-BLOCK PARYAVARAN BHAWAN,
    CGO COMPLEX, LODHI ROAD,NEW DELHI - 110003
    PHONE 011-4362708, 011-4362523 011-4362771, 011-4362771
    FAX 011-4364570

    DELHI & HARYANA -II

    JAWAHARLAL NEHRU STADIUM

    LODHI ESTATE , NEW DELHI - 110003

    PHONES 4369740,4369742


    GUJARAT
    CGP COMPLEX, OPP. RUPAL PARK, B/L ANKUR BUS STAND, NARANPUR, AHMEDABAD-61.
    PHONE 079-7437597, 079-7438531
    FAX 7428785

    KARNATAKA
    'E' WING, 2ND FLOOR
    KENDRIYA SADANA
    KORAMANGALA, BANGALORE-560034
    PHONE 5537449
    FAX 080-5538531

    MADHYA PRADESH

    CHAMBER BHAWAN, SANATAN DHARMA MANDIR MARG,
    GWALIOR - 474009
    PHONE 0751-321907

    ORISSA

    2ND FLOOR
    CHALCHITRA BHAWAN,
    OFDC,BUXI BAZAR,
    CUTTACK - 753001
    PHONE 0671-618361

    PUNJAB, CHANDIGARH & HIMACHAL PRADESH
    KOTHI NO. 286, DEFENCE COLONY
    JALLANDHAR - 144001
    PHONE 0181-223843
    FAX 0181-223843

    TAMILNADU-I

    2nd FLOOR, SHASTRI BHAWAN 26,
    HADDOWS ROAD,
    CHENNAI - 600006
    PHONE 044-8277182, 044-8272676, 044-8276652, 044-8276654
    FAX 8234298

    UTTAR PRADESH

    WESTCOTT BUILDING
    THE MALL
    KANPUR - 208001
    PHONE 0512-352304, 0512-367253, 0512-360656
    FAX 0512-360656

    PUNE

    PMT BUILDING, Pune Stock Exchange, IIIrd Floor, DECCAN, Gymkhana ,                                                 PUNE - 411004,                                                                 PHONE 320042

     

     
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