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COMPANY LAW BOARD (FEES ON APPLICATIONS AND PETITIONS) RULES, 1991

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Preamble - COMPANY LAW BOARD (FEES ON APPLICATIONS AND PETITIONS) RULES, 1991

COMPANY LAW BOARD (FEES ON APPLICATIONS AND PETITIONS) RULES, 1991

 PREAMBLE

In exercise of the powers conferred by section 642 read with sub-section (2) of section 637A of the Companies Act, 1956 (1 of 1956), and all other powers enabling it in that behalf, the Central Government hereby makes the following rules, namely:--


Rule 1 - Short title and commencement

(1) These *1rules may be called the Company Law Board (Fees on Applications and Petitions) Rules, 1991.

(2) They shall come into force on the date of their publication in the Official Gazette.

______________________________________

 *1 GSR 290 (E), DATED 31-5-1991


Rule 2 - Definitions

In these rules, unless the context otherwise requires?

(a)    "Act" means the Companies Act, 1956 (1 of 1956);

(b) "company" includes a foreign company;

(c) "Company Law Board" means the Board of the Company Law Administration, constituted under section 10E of the Act;

(d) "Monopolies Act" means the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969);

(e) "Regional Director" means the person appointed by the Central Government, in the Department of Company Affairs, as a Regional Director;

(f) "Registrar" means the Registrar of Companies appointed under the Act;

(g) "section" means a section of the Act;

(h) "Schedule" means the Schedule to these rules;

(i)  "security" means security as defined in clause (b) of sub-section (t) of section 22A of the Securities Contracts Act;

(j)  "Securities Contracts Act" means the Securities Contracts (Regulation) Act, 1956 (42 of 1956).


Rule 3 - Fees on application or petition

(1) Every petition made to the Company Law Board shall be accompanied by the appropriate fee specified in the Schedule to these rules:

Provided that no fee shall be payable on applications or petitions made by the Regional Director, Registrar of Companies, or by the Central Government, or by any officer on behalf of the Government *1[or by the Government of a State].

 (2) Every interlocutory application made to the Company Law Board for an interim order or direction shall be accompanied by a fee of rupees fifty.

____________________________________________

*1Inserted by the Amendment Rules, 1992, w.e.f. 29-9-1992)


Rule 4 - Place of payment of fees

*1The fees payable under these rules shall be paid by means of a bank draft drawn in favour of Pay and Accounts Officer, Department of Company Affairs, New Delhi/Bombay/Calcutta/  Madras.]

___________________________________________

*1 Substituted, by the Amendment Rules, 1992 w.e.f. 29-9-1992). Prior to its substiution, rule 4 read as under:

 ?4. Fees payable under this rule shall be paid into the Public Account of India at the following branches of the Pubjab National Bank for credit under the Head of Account?104  Other General Economic Services?Fees realized by the Central Government and Company Law Board on Applications / petitions made to its under the Companies Act, 1956, namely :--

Sl. No.

City

Name of the branch of the Pubjab National Bank

1

2

3

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

 

Ahmedabad

Allahabad

Bangalor

Bomabay

Calcutta

Chandigarh

Cuttak

Delhi

Ernakulam

Gwalior

Hyderabad

Jaipur

Jadhpur

Jullundur

Kanpur

Madras

Nagpur

Panaji

 

Ashram Road

Civil Lines

City Brach

Phiroz Shah Mehta Road

Brabourne Road

Sector-17

Cuttack

Barakhamba Road, New Delhi

Ernakulam

Naya Bazar

Bank Street

M.I. Road

Ratnada Colony

Civil Lines

Swaroop Nagar

Mout Road

Kingsway

Piffurlekar Road?


Rule 5 - Credit of fees to Public Account of India

*1The fees received by the Pay and Accounts Officer under these rules shall be credited to the Public Account of India under the Head of Account 1475--Other General Economic Services--Regulation of Joint Stock Companies--Fees realised under the Companies Act, 1956.]

___________________________________________

*1 Substituted by the Amendment Rules, 1992, w.e.f. 29-9-1992. Prior to its substitution, rule 5 read as under:

 ?5. The fees payable under this rule may also be paid by means of a bank draft drawn in favour of pay and accounts officer, Department of Company Affairs, New Delhi/Bombayt/Calcutta/Madras.?

 


Schedule - SCHEDULE

SCHEDULE

[See rule 2(1)]

Sl.No

Section of the Act

Nature of application/petition

Fees (in Rs.)

1.

2.

3.

4.

1.

1[***]

2.

2[***]

3.

3[***]

4.

Section 43

Application for revival of order made under section 17.

200

5.

Section 49(10)

Praying for relief from consequences of failure to comply with the conditions con?stituting it a private company.

4[100]

6.

Section 58A(9)

To direct the company to allow an imme?diate inspection of register of investments, if the inspection is refused.

50

7.

Section 79(2)

To direct the company to make repayment of the matured deposits.

5[1,000]

8.

Section 80A(1), proviso

To sanction issue of shares at a discount.

6[1,000]

9.

Section 111

To give consent to issue of further redeem?able preference shares in lieu of irredeem?able preference shares.

500

10.

Section 113(1)

For rectification of register of members on any ground including refusal of registra?tion of transfer/transmission of shares/ debentures by the company.

500

11.

Section 113(3)

For extending the period for delivery of the certificates of debentures.

50

12.

Section 118(3)

To correct the default in non-compliance of sub-section (1) of section 113 providing time-limit for issue of share debenture cer?tificates.

50

13.

Section 141(1) and (3)

For furnishing copy of trust deed to per?son requiring it.

200

14.

Section 144(4)

For extension of time for condonation of delay in filing the particulars of a charge or modification of a charge or intimation of payment or satisfaction of a charge with the Registrar of Companies.

7[200]

15.

Section 163(6)

To direct inspection of copies of instru?ment crealing charges orregister of charges.

8[100]

16.

Section 167

To direct inspection of registers and returns or to furnish the copies thereof to the person requiring it.

9[500]

17.

Section 186

To direct or to call annual general meeting or ordering calling of general meeting (other than annual general meeting)

10[500]

18.

Section 188(5)

For order as to whether the rights conferred are being abused to secure needless publi?city for defamatory matter and to order company's costs to be paid in whole or in part by the requisitionists.

50

19.

Section 196(4)

For passing order directing immediate inspection of minute books or directing that a copy thereof be sent forthwith to person requiring it.

50

20.

Section 219(4)

To pass an order directing that a copy of balance-sheet and auditor's report de?manded be furnished forthwith to person concerned.

50

21.

Section 225(3) proviso

To decide as to whether right of auditors to get their representation circulated and read out at meeting is being abused to secure needless publicity for defamatory matter and to order company's costs on an application to be paid in whole or in part by retiring auditors.

11[500]

22.

Section 235(2)

To declare by an order that affairs of a company be investigated by inspectors).

50

22A.

Section 237B

To order investigations of the affairs of a company.

12[2,500]

23.

Section 250

Complaint by any person for finding out ; facts about certain shares.

13[2,500]

24.

Section 284(4) proviso

To decide as to whether the right of a director to get his representation circulated and read out at meeting is being abused to secure needless publicity for defamatory matter and to order company's costs on application to be paid in whole or in part by such director.

14[2,500]

25.

Section 304(2)(b)

To pass an order directing immediate inspection of register maintained u tider sec?tion 303.

15[500]

26.

Section 307(9)

To pass an order directing immediate inspection of register maintained under the section.

16[500]

27.

Sections 397, 398, 400,401,402,403, 404, 405

To exercise powers in connection with prevention of oppression and/or mis?management.

17[5,000]

28.

Section 407(1)(6)

To grant leave for appointment of manag?ing director or manager whose agreement has been terminated or set aside provided notice has been served on Central Govern?ment.

18[2,500]

29.

Section 408

To decide whether it is necessary to appoint Government directors on the board of directors and to advise Central Govern?ment accordingly.

19[500]

30.

Section 409(1)

To prevent change in board of directors likely to affect company prejudicially.

20[2,500]

31.

Section 6 14(1)

To pass an order directing a company to make good the default for its failure to make returns, etc., to the Registrar of Com?panies.

500

32.

Section 22A(4)(c) of the Securities Contracts Act.

To issue of direction for registration/non?registration of securities.

500

33.

Section 2A of the Monopolies Act.

For determination of any question of group, interconnection or same manage?ment in accordance with the provisions of section 2A of the Monopolies Act.

500

21[34

2(41) of the Companies Act, 2013

Allowing any period other than April to March as financial year.

5,000

35

58 and 59 of the Companies Act, 2013

Rectification of register of members

500

36

73(4) of the Companies Act, 2013 read with section 76

Directing the company to pay the sum due or for any loss or damage incurred as a result of such non-payment.

100

37

74(2) of the Companies Act, 2013

Allow further time as considered reasonable to the company to repay the deposit.

5,000.]

 __________________________________________

1. Substituted for ?500? by the Amendment Rules, 2000, w.e.f. 1-4-2000.

2. Substituted for ?5000? in Serial Nos. 7 and 8 and for ?50? in Serial No. 5 by the Amendment Rules, 2000, w.e.f. 1-4-2000.

3. Substituted for ?50? in Serial Nos. 14,15 and 16 and for ?200? in Serial No. 17 by the Amendment Rules, 2000, w.e.f. 1-4-2000.

4. Substituted for ?50? in serial No. 21 by the Amendment Rules, 2000, w.e.f. 1-4-2000.

5. Substituted for ?500? in Serial Nos. 22 and 22A by the amendment Rules, 2000, w.e.f. 1-4-2000.

6. Inserted by the Amendment Rules, 1992, w.e.f. 29-9-1992.

7. Substituted for ?500? by the Amendment Rules, 2000, 1-4-2000.

8. Substituted for ?50? in Serial No. 24, 25 and 26, by the Amendment Rules, 2000, w.e.f. 1-4-2000.

9. Substituted for ?500? in Serial Nos. 27 and 28, by the Amendment Rules, 2000, w.e.f. 1-4-2000.

10. Substituted for ?500? in Serial Nos. 29 and 30 by the Amendment Rules, w.e.f. 1-4-2000.

11. Substituted for ?50? by the Amendment (Rules, 2000, w.e.f. 1-4-2000.

12. Omitted by the Company Law Board (Fees on Application and Petitions) (Amendment) Rules 2012 vide Notification No. GSR547(E) dated 10.07.2012 w.e.f. 10.07.2012 for the following : -

"1.

Section 17(2)

For confirming alteration in memorandum of association as to change of place of the registered office from one State to another or with respect to objects of a company.

1[1000]

2.

Section 18(4)

For extension of time for filing documents for registration of alteration

100

3.

Section 19

For extension of time for filing documents for registration of alteration

100"

13. Inserted by the Company Law Board (Fees on Applications and Petitions) Amendment Rules, 2014 vide Notification From File No. 1/19/2014-CL-V dated 03.11.2014.


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