Companies (Acceptance of Deposits) Amendment Rules, 2001 - G.S.R. No. 689(E). - Companies Law

GOVERNMENT OF INDIA MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (DEPARTMENT OF COMPANY AFFAIRS) NOTIFICATION New Delhi, the 25 th September, 2001 Subject:- Companies (Acceptance of Deposits) Amendment Rules, 2001 G.S.R. No. 689(E).- In exercise of the powers conferred by sections 58A, 58AA and 58AAA, read with sub-clauses (a) and (b) of sub-section (1) of section 642 of the Companies Act, 1956 (1 of 1956), the Central Government, in consultation with Reserve Bank of India, hereby makes the following rules further to amend the Companies (Acceptance of Deposits) Rules, 1975, namely: - 1. These rules may be called the Companies (Acceptance of Deposits) Amendment Rules, 2001. 2. They shall come into force on the date of their publication in the Official Gazette. 3. In rule 2 of the Companies (Acceptance of Deposits) Rules, 1975 (hereinafter referred to as the said rules), in clause (b), for sub-clause (ix), the following shall be substituted, namely:- "(ix) any amount received by a private company from a person who, at the time of the receipt of the amount, was a director, relative of director or member: Provided that the director or member, as the case may be, from whom money is received, furnishes to the company at the time of giving the money, a declaration in writing to the effect that the amount is not being given out of funds acquired by him by borrowing or accepting from others;". 4. In rule 4 of the said rules, in sub-rule (2), after clause (j), the following clauses shall be inserted, namely:- "(ja) the total number of small depositors and amount due to them in respect of which default has been made; (jb) the fact of waiver of interest accrued on deposits of the small depositors.". 5. After rule 11 of the said rules, the following rule shall be inserted, namely:- "11A. The Regional Director of the Department of Company Affairs shall be the authorised officer to make complaints under sub-section (2) of section 58AAA of the Act.". [F. No. 1/17/2000-CL.V] A. RAMASWAMY Joint Secretary to the Govt. of India Foot Note .- The principal rules were published vide G.S.R.43(E), dated the 3 rd February, 1975 and subsequently amended by:- 1. S.O. 523(E), dated the 18 th September, 1975 2. S.O. 684(E), dated the 29 th November, 1975 3. G.S.R. 427(E), dated the 29 th June, 1976 4. G.S.R. 820(E), dated the 24 th September, 1976 5. G.S.R. 965(E), dated the 29 th December, 1976 6. G.S.R. 385(E), dated the 17 th June, 1977 7. G.S.R. 386(E), dated the 17 th June, 1977 8. G.S.R. 424(E), dated the 27 th June, 1977 9. G.S.R. 793(E), dated the 30 th December, 1977 10. G.S.R.200(E), dated the 30 th March, 1978 11. G.S.R.252(E), dated the 27 th April, 1978 12. G.S.R.341(E), dated the 29 th June, 1978 13. G.S.R. 378(E), dated the 17 th July, 1978 14. G.S.R. 586(E), dated the 21 st December, 1978 15. G.S.R. 109(E), dated the 21 st March, 1980 16. G.S.R.185(E), dated the 1 st April, 1980 17. G.S.R.380(E), dated the 24 th June, 1980 18. G.S.R. 435(E), dated the 18 th July, 1980 19. G.S.R. 546(E), dated the 24 th September, 1980 20. G.S.R. 187(E), dated the 20 th March, 1981 21. G.S.R. 44(E), dated the 12 th January, 1982 22. G.S.R. 286(E), dated the 19 th March, 1985 23. G.S.R. 372(E), dated the 19 th April, 1985 24. G.S.R. 482(E), dated the 5 th June, 1985 25. G.S.R. 7(E), dated the 2 nd January, 1986 26. G.S.R. 358(E), dated the 1 st April, 1987 27. G.S.R. 620(E), dated the 1 st July, 1987 28. G.S.R. 850(E), dated the 12 th October, 1987 29. G.S.R. 551(E), dated the 7 th June, 1990 30. G.S.R. 39(E), dated the 10 th January, 1992 31. G.S.R. 814(E), dated the 19 th October, 1992 32. G.S.R. 744(E), dated the 10 th December, 1993 33. G.S.R. 767(E), dated the 1 st December, 1995 34. G.S.R. 155(E), dated the 19 th March, 1997