Investor Education and Protection Fund Authority (Form and Time of Preparation of Annual Report) Rules, 2018. - G.S.R. 1024 (E) - Companies Law

MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 11th October, 2018 G.S.R. 1024 (E). In exercise of the powers conferred by sub-section (11) of section 125 read with section 469 of the Companies Act, 2013 (18 of 2013) , the Central Government hereby makes the following rules, namely :- 1. Short title and commencement. (1) These rules may be called the Investor Education and Protection Fund Authority (Form and Time of Preparation of Annual Report) Rules, 2018. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions. (1) In these rules, unless context otherwise requires, (a) Act means the Companies Act, 2013 (18 of 2013); (b) Annual Report means the annual report prepared by the Authority under sub-section (11) of section 125 of the Act; (c) Authority means the Investor Education and Protection Fund Authority constituted under sub-section (5) of section 125 of the Act; (d) Form means the Form annexed to these rules; (e) Fund means the Investor Education and Protection Fund (IEPF) established under section 125 of the Act; (f) Investor means any person, who has invested money in shares, or debentures, bond or deposits under a scheme or plan of a company registered under the Act; (g) Year means the financial year beginning on 1st April and ending on 31st March of the year immediately following. (2) Words and expressions used herein and not defined but defined in the Act shall have the same meanings assigned to them in the Act. 3. Preparation and furnishing of the Annual Report. (1) The Authority shall prepare once in every year an Annual Report in the form specified in the Schedule, giving a true and full account of its activities performed in the year. (2) The Authority may also include in the Annual Report any other item, not included in the form specified in the Schedule, with the prior permission of the Central Government. (3) The Authority, shall forward the annual report to the Central Government within a period of one hundred and eighty days immediately following the close of the year for which it has been prepared. (4) The matters relating to form and time of preparation of Annual Report, with respect to which no express provision has been made in these rules, shall be referred in each case to the Central Government for its decision and the decision of the Central Government shall be final. Schedule Form of the Annual Report [see rule 3(1)] A. Introduction. - (i) Chairperson s statement; (ii) Objectives; (iii) Important achievements. B. Refund application received by the Authority. A brief narrative alongwith a tabular statement on Refund application received by the Authority as follows: - (i) Number of applications pending at the beginning of the year; (ii) Number of applications received during the year; (iii) Number of applications in which sanction for refunds were made; (iv) Number of applications in which rejections were made; (v) Number of applications closed pursuant to rule 7 of IEPF (Accounting, Audit, Transfer and Refund) Second Amendment Rules, 2016; (vi) Number of applications pending at the end of the year. C. Investor Awareness advocacy. - A brief narrative of activities undertaken under clause (b) of sub-section (3) of Section 125: - (i) Workshops, seminars and other interactions with public/experts/policy makers/regulatory bodies for creating awareness among investors; (ii) Details of each and every investor awareness advocacy; (iii) Papers and studies published for investor advocacy and for creating awareness of investors issues; (iv) Others. D. Administration and establishment matters . - (1) Report of the CEO; (2) Composition of the Authority; (3) Meetings of the Authority; (4) Details of Chairperson or Members appointed in the year and Members who demitted office, along with reasons for demitting office, in the year; (5) Organizational structure; (6) A tabular statement containing information on Personnel in Authority, category-wise: Sanctioned posts, posts filled up, vacancies, appointments made in the year along with a sub-table giving similar details for the posts reserved for various categories under the reservation policy of the Government; (7) Employee welfare measure, if any, beyond the regular terms and conditions of employment, undertaken by the Authority. E. Transfer of amounts to IEPF (maintained in CFI) . - (1) Amount transferred by Companies to IEPF from the year 2001 to the beginning of the year; (2) Transfer of amount to IEPF by the companies during the year; (3) Balance available in the IEPF at the end of the year; (4) Any other information. F. Transfer of amounts lying in IEPF to Senior Citizen Welfare Fund (SCWF). - (1) Amount transferred from IEPF to SCWF at the beginning of the year; (2) Transfer of amount from IEPF to SCWF during the year; (3) Total amount transferred to SCWF at the end of the year; (4) Any other information. G. Transfer of shares by Companies to the IEPF Authority. - A brief narrative alongwith a tabular statement on Refund application received by the Authority as follows: - (1) No. of shares transferred by Companies to IEPF at the beginning of the year; (2) No. of shares transferred by Companies to IEPF during the year; (3) No. of shares refunded by the IEPF during the year; (3) No. of shares available in the IEPF at the end of the year; (4) Any other information. H. Budget and accounts. - (1) Budget estimates and revised estimates, under broad categories; (2) Balance available in the Reserve Fund at the beginning of the year; (3) Allocation of funds from Consolidated Fund of India (CFI) during the year for carrying out activities under subsection (3) of section 125 of the Act; (4) Actual expenditures under broad categories; (5) Balance available in the Reserve Fund at the end of the year; (6) Any other information. I. RTI Act. (a) Number of applications received by CPIO/ACPIO seeking information under RTI Act; (b) Number of applications for which information has been provided by CPIO; (c) Number of applications pending with CPIO; (d)Number of appeals filed before First Appellate Authority against the order of CPIO; (e) Number of appeals which have been disposed of by First Appellate Authority; (f) Number of appeals pending with First Appellate Authority; (g) Number of applications /appeals not disposed of in the stipulated time frame. [F. No. 05/14/2017-IEPF] ANURAG AGARWAL, Jt. Secy.