Powers of Central Government delegated to Regional Director revised

Notification G.S.R.259(E)

The Ministry of Corporate Affairs has revised the powers delegated to Regional director by superseding the 20 year old notification of 1991.  As per the notification issued on 17th March, 2011, the Regional Director has power to attend to matters as outlined in 12 sections as mentioned below:

• Section 22 – Rectification of name of the company
• Sub-sections (3),(4),(7) and clause (a) of sub-section (8) of section 224 – Appointment of statutory auditors by Central Government where AGM fails to appoint the statutory auditors
• Section 297 (1) Proviso – Approval of Central Government for contracts with companies in which directors are interested
• Section 394-A –  Merger and Amalgamations
• Section 400 – Oppression and Mismanagement
• Second proviso to sub-section (5) of section 439 and sub-section (6) of the said section – Winding up of companies
• Clause (a) of sub-section (1) of section 496 – Extension for calling AGM by Official Liquidator in the course of winding up of Companies
• Clause (a) sub-section (1) of section 508 – Extension for calling of the meeting of Creditors by Official Liquidator in the course of winding up of Companies
• Sub-section (1) of section 551 – Exemption to the Official Liquidator for filing information as to pending litigations
• Clause (b) of sub-section (7) of section 555 and the proviso to clause (a) of sub­section (9) of the said section – Show cause notice to CG  for payment of unpaid dividends and undistributed assets to any shareholder
• Provisos to sub-section (1) of section 610 – Prescription of fees for inspection of records or obtaining certified copies
• Section 627 – Production and inspection of books where offence suspected

The notification is as mentioned below for ready reference.

GOVERNMENT OF INDIA

MINISTRY OF CORPORATE AFFAIRS

New Delhi, dated the 17th March, 2011

NOTIFICATION

G.S.R. (E): In exercise of the powers conferred by sub-section (1) of section 637 of the Companies Act, 1956 (1 of 1956), and supersession of the notification of the Government of India, in the (Department of Company Affairs) G.S.R. No. 288 (E) dated the 31^st May 1991, except as respects things done or omitted to be done before such supersession, the Central Government hereby delegates to the Regional Directors at Mumbai, Kolkata, Chennai, Noida and Ahemdabad, the powers and functions of the Central Government under the following provisions of the said Act, namely:-

• Section 22,
• Sub-sections (3),(4),(7) and clause (a) of sub-section (8) of section 224,
• Section 297 (1) Proviso,
• Section 394-A,
• Section 400,
• Second proviso to sub-section (5) of section 439 and sub-section (6) of the said section,
• Clause (a) of sub-section (1) of section 496,
• Clause (a) sub-section (1) of section 508,
• Sub-section (1) of section 551,
• Clause (b) of sub-section (7) of section 555 and the proviso to clause (a) of sub­section (9) of the said section,
• Provisos to sub-section (1) of section 610, and
• Section 627.

2. This notification shall come into force on the date of its publication in the Official Gazette.

[F.No. 5 / 07/2011-CL- V]

 

(Renuka Kumar)

Joint Secretary to the Government of India