F. No. 10 36 2001-CLB
GOVERNMENT OF INDIA
Company Law Board
Ministry of Corporate Affairs
Paryavaran Bhawan, 3rd Floor,
B-Wing. Lodhi Road,
New Delhi 110003.
Dated, the 28th January, 2015
ORDER
In exercise of the powers conferred by sub-section (6) of section 10E of the Companies Act, 1956 (I of 1956), the Company Law Board hereby makes the following regulations further to amend the Company Law Board Regulation 1991, namely:-
I. In Chapter II of the Company Law Board Regulations. 1991, (hereinafter referred to as the said regulations):-
a) In Regulation 4, for Sub- Regulation (3), the following sub-regulation shall he substituted namely:-
"It shall be lawful for the Chairman to provide that matters falling under all other sections of the Companies Act 1956 and the Companies Act, 2013, except those mentioned in Sub-Regulation (1) shall be dealt with by the Regional Benches, namely. New Delhi Bench. Chennai Bench, Kolkata Bench and Mumbai Bench consisting of one or more Members".
b) In Sub Regulation (5) of Regulation 14, for the words and expression "sub section (9) of Section 58A or sub- section (4) of section 117 C of the Act or under sub -section (2) of section 45QA of the Reserve Bank of India Act, 1934 ( 2 of 1934) " the words and expression namely “sub –section (4) of section 73 of the Companies Act, 2013 or sub -section (4) of section 73 read with section 76 of the Companies Act, 2013 or sub- section (4) of section 117 C of the Companies Act, 1956 or under sub -section (2) of section 45QA of the Reserve Bank of India Act, 1934 (2 of 1934)" shall be substituted.
II. In Chapter III of the Company Law Board Regulation 1991.
a) For Regulation 37 the following Regulation shall be substituted namely:-
“Application by depositor and debenture holder - An application under sub- section (4) of section 73 of the Companies Act. 2013 or sub- section (4) of section 73 read with section 76 of the Companies Act, 2013 or under sub-section (4) of section 117C of the Companies Act. 1956 or under section 45QA of the Reserve Bank of India Act. 1934 (2 of 1934). Shall be filed in Form No, 4 in Annexure - II and shall be submitted in duplicate.”
III. In Chapter IV of the Company Law Board Regulation. 1991.
a) After Regulation 51 the following regulation 52 and Regulation 53 shall be inserted namely:-
"52. Application Petition to the Company Law Board. - An application under sub-section (41) of section 2 of the Companies Act 2013 shall be filed in Form No. 6 in Annexure II. A Petition under section 58 and or 59 of Companies Act 2013 shall be filed in Form No.1 in Annexure II. An application under sub-section (4) of section 73 or subsection (4) of section 73 read with section 76 of the Companies Act, 2013 shall he filed in Form No. 4 in Annexure-II. An application under sub--section (2) of section 74 of the Companies Act 2013 shall he filed in Form No. 7 in Annexure II.
"53. Before submitting an application under sub- section (2) of section 74 of the Companies Act. 2013, the company shall publish a general notice in two leading English daily newspapers and in a newspaper published in the language of the region having wide circulation in the region in which the Registered office of the company is situated in the manner specified in Form No. 8 in Annexure II. The company shall also serve a copy of the general notice in Form No. 8 to every deposit holder whose deposits are covered under the application seeking extension of time by speed post und shall produce evidence of such service at the lime or presentation of such application in CLB”
b) In ANNEXCKL-II. FORMS in FORM No. 4 for the expression “APPLICATION BY DEPOSITOR/DEBENTURE HOLDER UNDER SECTION 58A(9) OR SEC 117C(4) OF THE ACT OR SECTION 45Q V OF THE RESERVE BANK OF INDIA ACT, 1934 (delete whichever is not applicable),
BEFORE THE COMPANY LAW BOARD (………………………………….BENCH)
IN THE MATTER OF THE COMPANIES ACT, 1956 (1 of 1956), (SECTION 58A OF THE ACT OR SECTION 45QA OF THE RESERVE BANK OF INDIA ACT, 1934), the following expression shall be substituted, namely:-
"APPLICATION BY DEPOSITOR/DEBENTURE HOLDER UNDER SECTION 73 (4) OR SECTION 73 (4) READ WITH SECTION 76 OF THE COMPANIES ACT. 2OI3 OR SECTION 117C (4) OF THE ACT, 1956 OR SECTION 45QA OF THE RESERVE BANK OF INDIA, ACT, 1934 (delete whichever is not applicable)
BEFORE THE COMPANY LAW BOARD (BENCH)
IN THE MATTER OF THE COMPANIES ACT, 1956 (1 of 1956), OR 2013, (SECTION 73 (4) OR SECTION 73 (4) READ WITH SECTION 76 OF THE COMPANIES ACT. 2013 OR SECTION 117C (4) OF THE ACT, 1956 OR SECTION 45QA OF THE RESERVE BANK OF INDIA, ACT, 1934
c) Annexure-II, in Note 1 of FORM No, 4 for the expression "Rupees Fifty the expression "Rupees One hundred" shall he substituted
d) In Annexure II, after FORM No. 5 the following FORM No. 6, FORM No. 7 and FORM No. 8 shall he inserted namely:-