Company Law Settlement Scheme, 2000
Published vide Notification No. S.O. 529 (E) New Delhi, the 31.5.2000.
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(a) "Act" means the Companies Act, 1956;
(b) "company" means all companies registered under the Act and includes Government companies and companies incorporated outside India to the extent to which the Act is applicable;
(c) "declaration" means the company making the declaration under this Scheme and includes an officer of such company as defined in clause 30 of Section 2 of the Act in relation to the offence mentioned in the declaration filed under this Scheme ;
(d) "designated authority" means the Registrar of Companies having jurisdiction over the registered office of the company on the date of notification;
(e) "offence" means the non-compliance with the provisions of the Act in relation to the filing of any documents specified in the Act in respect of non-compliance of which a fine or imprisonment or both has been prescribed but shall not include any non-compliance referred to in clause 8 of this Scheme;
(f) All other words and expressions used and not defined under this Scheme, but defined in the Act, shall have the meanings respectively assigned to them in the Act.
3. Settlement of offences.- Subject to the provisions of this Scheme, any company may make a declaration alongwith proof of payment of prescribed fee under acknowledgement on or after the 1st June, 2000 but on or before 5.00 P.M. of 31st August, 2000 to the designated authority in respect of any offence committed under the Act and seek settlement of the offence so committed. 4. Declaration to be filed by the applicant with the Registrar.- The declaration under the Scheme shall be made to the designated authority, having the jurisdiction, in Form A. 5. Time and manner of payment of fees for seeking immunity under the Scheme.- The decla rant shall pay lump sum amount based on the period of delay and the nominal filing fees as per Schedule X of the Act, apart from the lump sum amount as stated in the table given below :
Sl. No. |
Number of documents |
Amount payable for delay less than 3 years |
Amount payable for delay for period more than 3 years |
(a) |
Upto 2 |
Rs. 2,500 |
Rs. 3,000 |
(b) |
Upto 5 |
Rs. 5,000 |
Rs. 6,000 |
(c) |
Upto 10 |
Rs. 7,500 |
Rs. 9,000 |
(d) |
More than 10 |
Rs. 10,000 |
Rs. 15,000 |
FORM-A
Declaration Under Company Law Settlement Scheme, 2000
Form of Declaration
To The Registrar of Companies, Sir/ Madam, I/We herewith make a declaration under the Company Law Settlement Scheme, 2000 and give below the following particulars, namely : 1. Name of the declarant and Address : (in Block Letters) 2. Name of the Company : 3. Registration No. of Company : 4. Date of incorporation of the Company : 5. Address of the Company : 6. Status of the Company; whether public /private If public Listed/Non-listed 6. Business /objects of the Company : (Tick in appropriate column)(a) Manufacturing ....
(b) Trading ....
(c) Finance .....
(d) Service ....
(e) Others (please specify) ....
8. Statement of Declaration of non-compliance
Sl. No. |
Nature of return to be filed |
Section under which to be filed |
Status of offence (whether still continuing). |
Sl. No. |
Nature of document |
Due date of filing |
Period of delay |
Amount payable under Company Law Settlement Scheme, 200 (Rs.) |
Details of payment a) Demand Draft No. b) Date c) Name of Bank d) Amount (Rs.) |
Signature of the Managing Director/Whole Time Director/Director/Manager/Company Secretary
10. Whether declarant on behalf of the company would like to be granted immunity for non-compliance? 11. Submission.- In light of the circumstances herein mentioned above and keeping in mind the admission of the offence by the applicant/ company and taking into consideration the nature, scope, extent, seriousness, gravity of the offence, the applicant/company, himself requests for the grant of immunity in the form of relief for non-compliance. 12. List of enclosures. Place: ............. Date: ............. Designation/ Signature of the applicant(SEAL OF DECLARANT)
VERIFICATION
I .............................son/daughter/wife of Shri.............. in my capacity as ...............in the company, solemnly declare that(a) The information given in this declaration is true to the best of my knowledge and belief.
(b) The company had failed to comply with the provisions of the Companies Act, 1956 as mentioned above.
(c) I have withdrawn the appeals pending before Court/Company Law Board/Regional Director or other adjudicating authority.
I further declare that this declaration is in my capacity as the Managing Director/Director and that I am competent to make this declaration and verify it. Place : ............. Date : .............Designation/Signature of the applicant
(Seal of Declarent)
Certificate Granting Immunity From Penalty And Prosecution Under The Company Law Settlement Scheme, 2000
Whereas ...................(hereinafter referred to as the company) had made a declaration under the Company Law Settlement Scheme, 2000, and had filed the documents mentioned below along with the declaration and also paid the compounding fee of Rs ..........payable as per the said declaration :
Sl. No. |
Nature of return to be filed |
Section under which to be filed |
Status of offence (whether still continuing). |
(a) certify receipt of payment from the declarant towards full and final settlement of the compounded fee payable under this Scheme;
(b) grant immunity subject to the provisions contained in the scheme from instituting and proceeding for prosecution for any offence under the Companies Act, 1956 or from the imposition of penalty under the said enactment for the time being in force in respect of matters covered in the aforesaid declaration made by the declarant.
Date: & Place : .........Designated Authority
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