Companies (Disqualification of Directors under section 274(1)(g) of the Companies Act, 1956) Amendment Rules, 2006 - Insertion of rules 5A, 8A, 13 and 14; substitution of Form DD-B - GSR 133(E) - Companies Law

MINISTRY OF COMPANY AFFAIRS NOTIFICATION new Delhi, the 3 rd MARCH, 2006 Subject:- Companies (Disqualification of Directors under section 274(1)(g) of the Companies Act, 1956) Amendment Rules, 2006 - Insertion of rules 5A, 8A, 13 and 14; substitution of Form DD-B GSR 133(E).- In exercise of the powers conferred by clause ( b ) of sub-section (1) of section 642 read with clause ( g ) of sub-section (1) of section 274 and section 610A of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following rules further to amend the Companies (Disqualification of Directors under section 274(1)( g ) of the Companies Act, 1956) Rules, 2003, namely : 1. (1) These rules may be called the Companies (Disqualification of Directors under section 274(1)( g ) of the Companies Act, 1956) Amendment Rules, 2006. (2) They shall come into force on the date of their publication, in the Official Gazette. 2. In the Companies (Disqualification of Directors under section 274(1)( g ) of the Companies Act, 1956) Rules, 2003, ( i ) after rule 5, the following rule shall be inserted, namely : 5A The FORM DD-B prescribed in these rules may be filed through electronic media or through any other computer readable media as referred under section 610A of the Companies Act, 1956 (1 of 1956). ( ii ) after rule 8, the following rule shall be inserted, namely : 8A. The FORM DD-C prescribed in these rules may be filed through electronic media or through any other computer readable media as referred under section 610A of the Companies Act, 1956 (1 of 1956). ( iii ) after the rule 12, the following rule shall be substituted, namely :- 13. The electronic-form shall be authenticated by the authorized signatories using digital signatures, as defined under the Information Technology Act, 2000 (21 of 2000). 14. The Forms prescribed in these rules, when filed in physical form, may be authenticated by authorized signatory by affixing his signature manually. for Form DD-B , the following Forms shall be substituted, namely: FORM DD-B Report by a public company [ Pursuant to section 274(1)(g) and rule 5 of the Companies (Disqualification of Directors under section 274(1)(g) of the Companies Act, 1956) Rules, 2003 ] Note - All fields marked in * are to be mandatorily filled. 1. ( a ) *Corporate identity number (CIN) of company Pre-fill ( b ) Global location number (GLN) of company 2. ( a ) Name of the company ( b ) Address of the registered office of the company 3. Paid-up capital (in Rs.) *It is hereby reported under section 274(1)( g ) of the Companies Act, 1956, that M/s. have failed to o file the annual accounts and annual return for the last three financial years ending as on (DD/MM/YYYY) and/or others o Repay deposits or interest thereon on due date being (DD/MM/YYYY) o Redeem its debentures on due date being (DD/MM/YYYY) (DD/MM/YYYY) o Pay dividend declared by the company since (DD/MM/YYYY) (DD/MM/YYYY) o The period of one year has expired on (DD/MM/YYYY) The particulars of directors at the relevant period are as under: 1. * ( a ) Director Identification Number (DIN) ( b ) Name of the director 2. * ( a ) DIN ( b ) Name of the director 3. * ( a ) DIN ( b ) Name of the director 4. * ( a ) DIN ( b ) Name of the director 5. * ( a ) DIN ( b ) Name of the director 6. * ( a ) DIN ( b ) Name of the director 7. * ( a ) DIN ( b ) Name of the director 8. * ( a ) DIN ( b ) Name of the director 9. * ( a ) DIN ( b ) Name of the director 10. * ( a ) DIN ( b ) Name of the director 11. * ( a ) DIN ( b ) Name of the director 12. * ( a ) DIN ( b ) Name of the director Attachments Optional attachment(s) - if any Attach List of attachments Remove attachment Declaration To the best of my knowledge and belief, the information given in this form and its attachments is correct and complete. I have been authorised by the board of directors resolution dated * (DD/MM/YYYY) to sign and submit this form. To be digitally signed by Managing director or director or manager or secretary of the company Modify Check Form Prescrutiny Submi For office use only This e-Form is hereby registered Digital signature of the authorising officer Submit to BO FORM DD-C Form of application for removal of disqualification of directors [ Pursuant to section 274 of the Companies Act, 1956 and Companies (Disqualification of directors under section 274(1)( g ) of the Companies Act, 1956) Rules, 2003 ] Note - All fields marked in * are to be mandatorily filled. 1. ( a ) *Corporate identity number (CIN) of company Pre-fill ( b ) Global location number (GLN) of company 2. ( a ) Name of the company ( b ) Address of the registered office of the company 3. *Grounds under which director(s) are disqualified 4. * Date of disqualification (DD/MM/YYYY) 5. * Details of the application Attachments 1. *Board resolution Attach 2. Optional attachment(s) - if any Attach List of attachments Remove attachment Declaration To the best of my knowledge and belief, the information given in this application and its attachments is correct and complete. I have been authorised by the board of directors resolution dated * (DD/MM/YYYY) to sign and submit this application. To be digitally signed by Managing director or director or manager or secretary of the company Modify Check Form Prescrutiny Submit For office use only Digital signature of the authorising officer This e-Form is hereby approved This e-Form is hereby rejected Submit to BO [F. No. 1/6/2005-CL-V] JITESH KHOSLA, Jt. Secy. Note:- The Principal rules were published in the Gazette of India vide GSR No. 830(E) dated 21-10-2003.