Section 211 - Form and contents of balance sheet and profit and loss account. - Companies Act, 1956

Form and contents of balance sheet and profit and loss account. 211. [1] [(1) Every balance sheet of a company shall give a true and fair view of the state of affairs of the company as at the end of the financial year and shall, subject to the provisions of this section, be in the form set out in Part I of Schedule VI, or as near thereto as circumstances admit or in such other form as may be approved by the Central Government either generally or in any particular case; and in preparing the balance sheet due regard shall be had, as far as may be, to the general instructions for preparation of balance sheet under the heading "Notes" at the end of that Part: Provided that nothing contained in this sub-section shall apply to any insurance or banking company or any company engaged in the generation or supply of electricity or to any other class of company for which a form of balance sheet has been specified in or under the Act governing such class of company.] (2) Every profit and loss account of a company shall give a true and fair view of the profit or loss of the company for the financial year and shall, subject as aforesaid, comply with the requirements of Part II of Schedule VI, so far as they are applicable thereto: Provided that nothing contained in this sub-section shall apply to any insurance or banking company [2] [or any company engaged in the generation or supply of electricity], or to any other class of company for which a form of profit and loss account has been specified in or under the Act governing such class of company. (3) The Central Government may, by notification in the Official Gazette, exempt any class of companies [3] from compliance with any of the requirements in Schedule VI if, in its opinion, it is necessary to grant the exemption in the [4] [public interest]. Any such exemption may be granted either unconditionally or subject to such conditions as may be specified in the notification. [5] [(3A) Every profit and loss account and balance sheet of the company shall comply with the accounting standards. (3B) Where the profit and loss account and the balance sheet of the company do not comply with the accounting standards, such companies shall disclose in its profit and loss account and balance sheet, the following, namely: ___ (a) the deviation from the accounting standards; (b) the reasons for such deviation; and (c) the financial effect, if any, arising due to such deviation. (3C) For the purposes of this section, the expression "accounting standards" means the standards of accounting recommended by the Institute of Chartered Accountants of India constituted under the Chartered Accountants Act, 1949 (38 of 1949) as may be prescribed by the Central Government in consultation with the National Advisory Committee on Accounting Standards established under sub-section (1) of section 210A: Provided that the standards of accounting specified by the Institute of Chartered Accountants of India shall be deemed to be the Accounting Standards until the accounting standards are prescribed by the Central Government under this sub-section.] (4) The Central Government may, on the application, or with the consent of the Board of directors of the company, by order, modify in relation to that company any of the requirements of this Act as to the matters to be stated in the company's balance sheet or profit and loss account for the purpose of adapting them to the circumstances of the company. (5) The balance sheet and the profit and loss account of a company shall not be treated as not disclosing a true and fair view of the state of affaris of the company, merely by reason of the fact that they do not disclose (i) in the case of an insurance company, any matters which are not required to be disclosed by the Insurance Act, 1938 (4 of 1938); (ii) in the case of a banking company, any matters which are not required to be disclosed by the Banking Companies Act, 1949 (10 of 1949); (iii) in the case of a company engaged in the generation or supply of electricity, any matters which are not required to be disclosed by [6] [both the Indian Electricity Act, 1910 (9 of 1910), and the Electricity (Supply) Act, 1948 (54 of 1948)]; (iv) in the case of a company governed by any other special Act for the time being in force, any matters which are not required to be disclosed by that special Act; or (v) in the case of any company, any matters which are not required to be disclosed by virtue of the provisions contained in Schedule VI or by virtue of a notification issued under sub-section (3) or an order issued under sub-section (4). (6) For the purposes of this section, except where the context otherwise requires, any reference to a balance sheet or profit and loss account shall include any notes thereon or documents annexed thereto, giving information required by this Act, and allowed by this Act to be given in the form of such notes or documents. (7) If any such person as is referred to in sub-section (6) of section 209 fails to take all reasonable steps to secure compliance by the company, as respects any accounts laid before the company in general meeting, with the provisions of this section and with the other requirements of this act as to the matters to be stated in the accounts, he shall, in respect of each offence, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to [7] [ten thousand rupees], or with both: Provided that in any proceedings against a person in respect of an offence under this section, it shall be a defence to prove [8] [* * *] that a competent and reliable person was charged with the duty of seeing that the provisions of this section and the other requirements aforesaid were complied with and was in a position to discharge that duty: Provided further that no person shall be sentenced to imprisonment for any such offence, unless it was committed wilfully. (8) If any person, not being a person referred to in sub-section (6) of section 209, having been charged by the [9] [* * *] [10] [managing director or manager,] or Board of directors, as the case may be, with the duty of seeing that the provisions of this section and the other requirements aforesaid are complied with, makes default in doing so, he shall, in respect of each offence, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to [11] [ten thousand rupees], or with both: Provided that no person shall be sentenced to imprisonment for any such offence, unless it was committed wilfully. ---------------------------------------- Notes:- [1] Substituted by the Companies (Amendment) Act, 1960, Act 65 of 1960, section 62, for sub-section (1). [2] Inserted by Act the Companies (Amendment) Act, 1960, 65 of 1960, section 62. [3] Companies engaged in the cultivation or processing of tea are exempt for three years (upto 24-9-2004) from disclosing in the profit and loss account the information mentioned in sub-clause (1) of clause (a) of sub-para (ii) of para 3 of Part II of Schedule VI. [Notification No. 954(E), dated 25-9-2001]. [4] Substituted for "national interest". by the Companies (Amendment) Act, 1960, Act 65 of 1960, section 61, [5] Sub-section (3A), (3B) and (3C), Inserted by the Companies (Amendment) Act, 1999, w.r.e.f. 31-10-1998. [6] Substituted by the Companies (Amendment) Act, 1960, Act 65 of 1960, section 62, for "the Electricity (Supply) Act, 1948 (54 of 1948)". [7] Substituted for "one thousand rupees" by the Companies (Amendment) Act, 2000, w.e.f. 13-12-2000. [8] The words "that he had reasonable ground to believe and did believe" omitted by Companies (Amendment) Act, 1960, Act 65 of 1960, section 62. [9] Omitted by the Companies (Amendment) Act, 2000, w.e.f. 13-12-2000, as provisions relating to managing agents, secretaries and treasures, had become redundant after abolition of system by Act 17 of 1969. [10] Inserted by Companies (Amendment) Act, 1960, Act 65 of 1960, section 62. [11] Substituted for "one thousand rupees" by the Companies (Amendment) Act, 2000, w.e.f. 13-12-2000.