Section 154 of Companies Act, 2013 – Allotment of Director Identification Number

SECTION 154. ALLOTMENT OF DIRECTOR IDENTIFICATION NUMBER

[Effective from 1st April, 2014]

The Central Government shall, within one month from the receipt of the application under section 153, allot a Director Identification Number to an applicant in such manner as may be prescribed.

Applicable Rules

Companies (Appointment and Qualification of Directors) Rules, 2014

[Effective from 1st April, 2014]

Rule 10. Allotment of DIN.—(1) On the submission of the Form DIR-3 on the portal and payment of the requisite amount of fees through online mode [an application number shall be generated by the system automatically”][1].

(2) After generation of [“application number”][2], the Central Government shall process the applications received for allotment of DIN under sub- rule (2) of rule 9, decide on the approval or rejection thereof and communicate the same to the applicant along with the DIN allotted in case of approval by way of a letter by post or electronically or in any other mode, within a period of one month from the receipt of such application.

(3) If the Central Government, on examination, finds such application to be defective or incomplete in any respect, it shall give intimation of such defect or incompleteness, by placing it on the website and by email to the applicant who has filed such application, directing the applicant to rectify such defects or incompleteness by resubmitting the application within a period of fifteen days of such placing on the website and email:

Provided that the Central Government shall—

(a) reject the application and direct the applicant to file fresh application with complete and correct information, where the defect has been rectified partially or the information given is still found to be defective;

(b) treat and label such application as invalid in the electronic record in case the defects are not removed within the given time; and

(c) inform the applicant either by way of letter by post or electronically or in any other mode.

(4) In case of rejection or invalidation of application, [***][3] the fee so paid with the application shall neither be refunded nor adjusted with any other application.

(5) All Director Identification Numbers allotted to individual(s) by the Central Government before the commencement of these rules shall be deemed to have been allotted to them under these rules.

(6) The Director Identification Number so allotted under these rules is valid for the life-time of the applicant and shall not be allotted to any other person.

Applicable Notifications

Delegation of powers under section 153 & 154 of Companies Act 2013 to RD Noida

Notification No. S.O. 1354(E) dated 21st May 2014

In exercise of the powers conferred by Section 458 of the Companies Act, 2013 (18 of 2013), and in supersession of the notification of the Government of India, Ministry of Corporate Affairs, published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i), vide number G.S.R. 650(E), dated the 19th October, 2006 except as respects things done or omitted to be done before such supersession, the Central Government hereby delegates the powers and functions of the Central Government in respect of allotment of Director Identification Number under Sections 153 and 154 of the said Act to the Regional Director, Joint Director, Deputy Director or Assistant Director posted in the office of Regional Director at Noida.

[1] Substituted for the words “the provisional DIN shall be generated by the system automatically which shall not be utilized till the DIN is confirmed by the Central Government” by the Companies (Appointment and Qualification of Directors) Amendment Rules, 2014 vide Notification No. G.S.R. 671(E) dated 18th September, 2014.

[2] Substituted for the words “the provisional DIN” by the Companies (Appointment and Qualification of Directors) Amendment Rules, 2014 vide Notification No G.S.R. 671(E)dated 18th September, 2014.

[3] The words “the provisional DIN so allotted by the system shall get lapsed automatically and” omitted by the Companies (Appointment and Qualification of Directors) Amendment Rules, 2014 vide Notification No. G.S.R. 671(E) dated 18th September, 2014.