COMPANY LAW BOARD (FEES ON APPLICATIONS AND PETITIONS) RULES, 1991
COMPANY LAW BOARD (FEES ON APPLICATIONS AND PETITIONS) RULES, 1991
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.
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.
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*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.]
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*1Substituted, 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.]
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*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.?
For rectification of register of members on any ground including refusal of registra?tion of transfer/transmission of shares/ debentures by the company.
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.
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.
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.
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.
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.
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.