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TMI BlogImplementation of e-Governance Programme named as "MCA21-Project" Scheme for filing of Statutory Documents and other Transactions by Companies in Electronic ModeX X X X Extracts X X X X X X X X Extracts X X X X ..... al Government in the electronic mode. The Central Government hereby makes the scheme for implementation and administration of e-Governance programme as follows: Short Title and Commencement 1. (1) The Scheme shall be known as the Scheme for Filing of Statutory Documents and other Transactions by Companies in Electronic Mode . (2) This Scheme shall be applicable from the date of its publication in the Official Gazette. The Scheme 2. The Scheme for Filing of Statutory Documents and other Transactions by Companies in Electronic Mode is at Annexure A . Application of the Information Technology Act, 2000 (21 of 2000) 3. The Scheme would operate under the provisions of the Companies Act, 1956, and insofar as the provisions for use of Information Technology are not specifically made under the Companies Act, 1956, the provisions contained in the Information Technology Act, 2000 will apply. Saving 4. The transactions filed in the electronic mode and processed pursuant to the launch of the first pilot project for e-Governance, i.e., MCA21, at Coimbatore with effect from 18-2-2006 and subsequent operationalisation of the project at different locations till the dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 30-5-2006 the Companies Act, 1956, provides under section 610B of the Act, a comprehensive statutory framework for enabling electronic filing, storage, retrieval, viewing, processing and transmission of company data required to be filed with the Registrar of Companies under the Companies Act, 1956. The Central Government may appoint different dates in respect of different RoCs or Regional Directors from which such scheme shall come into force. (5) Since the processing of company documents submitted in the electronic form would also be carried out electronically, it is envisaged that filing of all statutory forms, their processing, approvals and responses by the RoCs thereon would also be in electronic mode. The Scheme 2. The Scheme for Filing of statutory Documents and other Transactions by Companies in Electronic Mode relates to electronic filing, storage, retrieval viewing, processing and transmission of company data required to be filed with the Registrars of Companies, Regional Directors and Central Government under the Companies Act, 1956. Transactions covered under the Scheme 3. (1) The transactions covered under the e-Governance programme are as under: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 12 hours in the event of services getting disrupted from the Data Centre. As the sovereign data is managed by an external third party, the project envisages setting up of a Government Secure Repository (GSR) to which the data would be archived periodically. (b) The Central Government shall maintain all the records filed electronically in a secure electronic registry so as to ensure that these are available to the public as well as to the Central Government offices as and when required. The periodicity of maintenance of these records is governed by the rules framed under the Companies Act, 1956. Documents maintained in electronic registry will be available for public access and shall be weeded out in accordance with the retention period prescribed under the rules. (2) Director Identification Number (a) A concept of Director Identification Number (DIN) has been introduced as part of the e-Governance initiative. The need for introduction of a unique identifier for Directors arose from (i) creating a comprehensive and authentic database on the Directors, and the phenomenon of companies that raise funds from the public and subsequently vanish, with their directors ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as per the felt needs from time to time so as to optimize the processes under the e-Governance system. (b) The e-Forms have been designed with in-built features to facilitate stakeholders. Requirements of repetitive data entry have been significantly reduced. Where such data is needed to be repeated in some of the forms, a facility known as pre-fill has been provided to the user whereby the data in the required fields is captured from the data- base available in the electronic registry in an automated manner. (c) The process of electronic filing also incorporates the facility of pre-scrutiny of the e-Form. This is a completely electronic process where the system verifies if the form is complete in all respects. This is, however, limited to such checks as can be performed by the computerized system. (4) e-Filing It has been decided to mandate electronic filing by the companies from the appointed date to be notified separately. Making the filings in electronic mode would also need use of methods that ensure the security and the authenticity of the filings. It would involve a process according to which the user will be required to (i) register himself; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, these facilities would also be available at the Certified Filing Centres (CFCs) on payment of user charges. (c) There may be some attachments which are much bulkier in size (more than 2.5 MB) where uploading the documents may be time-consuming (for instance, in the case of list of shareholders of companies with a large base of shareholders). In such cases, facility for acceptance of these documents in soft-copy in computer readable media would also be supported. (8) Physical submission of paper Notwithstanding the mandating of e-Filing, companies would be required to submit physical copies of the documents requiring use of non-judicial stamp papers till such time the Central Government introduces a process of electronic generation of stamp papers to facilitate these transactions in complete electronic mode. The documents on stamp papers will be required to be scanned and submitted as attachments to the e-Forms during this period of transition. Physical copies of these documents (on stamp papers) would need to be submitted to the Registrars of Companies in physical form. Such copies may also be sent by companies by post/courier. In cases of physical submission, app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be required to submit the Non-Judicial Stamp Papers of the prescribed value and Court Fee, as applicable in various States. The certified copies of the documents will be sent in physical form to the requester by post/courier under the manual signatures and seal of the competent authority. However, in respect of documents not available in the electronic registry, the option of requesting certified copies in manual form will still be available. Prescribed fees will be applicable. (12) Data verification cleaning (a) Before implementation of the e-Governance programme described in this scheme, the company records were filed and received in the manual mode in the offices of Registrars and as per the rules and practices of maintenance of manual records, these documents formed part of Document files of respective companies. As part of the operations, limited amount of data pertaining to companies were maintained in computerized systems using the system of manual data entry. It was observed on test checks that there were inaccuracies in the Data of Companies so entered and maintained. (b) The existing data has been migrated to the new e-Governance system. As a result, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anies so that reasonable steps can be taken as provided by the Law, to protect the interest of the investors/depositors/stakeholders. (b) The communication to the companies as well as the complainants would be sent in paper mode during the initial period. This would gradually be phased out and replaced with electronic interaction response. (c) Facilitates to provide the management information on complaints to the company Directors/Authorized Representatives would be implemented as part of the scheme in due course of time. (14) Payment of statutory fees (a) The filings by the companies entail payment of statutory fees, wherever prescribed. Multiple options are available for remittance of statutory fees under which the users may opt for off-line mode of payment or on-line mode of payment. In the case of off-line mode of payment, the system calculates the applicable fees and generates a pre-filled challan, which the user would be required to present before one of the Authorised Bank Branches for making payment. The list of Authorised Bank Branches has been made available on the portal of the Ministry and updated from time to time. In case the user opts for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r maintaining reliable availability of system to support this concept. (16) Facilitation Centres (a) As for the facilitation, the Government has planned to set up Facilitation Centres at 53 locations throughout the country as part of the project out of which Facilitation Centres at 39 locations have already been set up. All services from these Centres are available free of any charge. These Centres, managed and operated by the Operator, would remain operational for a period of three years, by which time it is expected that the stakeholders would have switched over to e-filing from their virtual offices. The Ministry has also introduced a scheme of Certified Filing Centres (CFCs) in order to provide a much wider out-reach of the facilitation services. These CFCs will be managed and operated by the professionals (Chartered Accountants, Company Secretaries, Cost Works Accountants and the body corporates managed by these professionals) and the services would be provided on a user-charge basis. The Government may review, modify or introduce newer schemes from time to time to facilitate e-filings by companies. (b) The Government would strongly encourage the stakeholde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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