COMPANY LAW BOARD
I) Particulars of its organization,
functions and duties
The Company Law Board has been
functioning as an independent quasi-judicial body w.e.f. 31.5.1991 set up by
the Central Government under Section 10E of the Companies Act, 1956. The
Company Law Board has framed Company Law Board Regulations 1991 prescribing the
procedure for filing the applications/petitions before it. The Central Government has also prescribed
the fees for making applications/petitions before the Company Law Board under
the Company Law Board (Fees on applications and Petitions) Rules 1991.
The Board has its Principal Bench at
New Delhi. It has Regional Benches at
Mumbai, Kolkata, Chennai & New Delhi.
The matters
falling under section 247, 250, 269, and 388B are dealt with by the Principal
Bench at New Delhi. In Order to reduce the pendency single Member has been
entrusted to hear all types of cases from September, 2002 onwards.
Petitions/applications under sections 17, 18, 19, 58A(9), 58AA(1), 79/80A,
111,111A, 113/113(3), 117, 117C, 118(3), 141, 144(4), 163, 167, 186, 196,
219/219(4), 235, 237(b), 269, 284, 284(4), 304, 307, 408, 409, 614, 621A of the
Companies Act, 1956 and matters falling under Chapter VI of Part VI of the
Companies Act, 1956 and Section 45QA of the Reserve Bank of India Act, 1934 are
filed before Regional Benches. In case the
company fails to comply with the directions contained in the orders so passed
by the Company Law Board, application under section 634A of the Companies Act,
1956 for enforcing the orders are entertained.
The constitution of Company Law
Board as on 31st January 2010, is as follows: -
1.
Justice Shri Dilip
Raosaheb Deshmukh, Chairman
2.
Smt. Vimla Yadav,
Member (Technical)
3.
Shri Kanthi Narahari,
Member (Judicial)
4.
Smt. Lizamma Augustine,
Member (Judicial)
5.
Shri. B.S.V. Prakash
Kumar, Member (Judicial)
II) Powers and duties of the
officers and employees
Power of the Chairman (including
Vice-Chairman and Members)
It is within the powers of the Chairman to constitute
Benches to dispose of petitions and applications. The duty of the Chairman and Member is to dispose of all the
petitions/applications expeditiously after hearing all the parties
Powers and
functions of the Secretary
(1) The
Secretary shall be the principal officer of the Board and shall exercise his
powers and perform his duties under the control of the Chairman.
(2) This Board, in discharge of its
functions under the Act, may take such assistance from the Secretary, as it may
deem fit, and the Secretary, shall be
bound to assist the Board.
(3) In particular and without prejudice
to the generality of the provisions of this rule, the Secretary shall have the
following powers and perform the following duties, namely:-
(a) The Secretary shall have the custody
of records of the Principal Bench.
(b) The Secretary shall receive all petitions,
applications or references pertaining to the Principal Bench.
(c) The Secretary shall assist the
Principal Bench in the proceedings relating to the powers exercised by the
Principal Bench.
(d) The Secretary shall have the power to call for
information/ records and to inspect or cause to be inspected the records of
other Benches.
(e) The Secretary shall authenticate the
orders passed by the Principal Bench.
(f) The Secretary shall ensure
compliance of the orders passed by the Principal Bench and other Benches.
(g) The official seal of the Board shall
be in the custody and control of the Secretary.
(h) The Secretary shall have the right
to collect from the Central Government or other offices, companies and firms,
or any other persons such information as may be considered useful for the
purpose of efficient discharge of the functions of the Board under the Act and
place the said information before the Board.
Powers and
duties of the Bench Officer
(1) In
addition to the powers conferred elsewhere in these Regulations, the Bench
Officer, shall have the following powers and duties subject to any
general or
special order of the Bench concerned, namely:-
(i)
To receive all petitions or applications and other documents including
transferred applications;
(ii)
To decide all questions arising out of the scrutiny of the petitions and
applications before they are registered;
(iii)
To require any petition or application presented to the Bench to be
amended in accordance with the Act and the regulations;
(iv)
Subject to the direction of the Bench, to fix the date of first hearing
of the petitions or applications or other proceedings and issue notices,
thereof.
(v)
To direct any formal amendment of records
(vi)
To order grant of copies of documents to parties to the proceedings;
(vii)
To grant leave to inspect the records of the Bench;
(viii) To dispose
of matters relating to service of notice
(ix)
To receive applications within thirty days from the date of death for
substitution of authorized representatives of the deceased parties during
the
pendency of the petition or application;
(x)
To receive and dispose of applications for substitution, except where
the substitution would involve setting aside an order of abatement.
(xi)
To receive and dispose of applications by parties for return of documents.
Powers and
duties of the Senior Legal Assistant
a) To
scrutinize the petitions/applications received under various Sections of the
Companies Act, 1956 and Section 45QA of the RBI Act, 1934.;
b) Send letters to the authorized
representatives/parties for rectification of deficiencies in their
petition/application;
c) Issue
hearing notices to those applications/petitions for which dates of hearing have
been fixed;
d) Drafting of fair orders for approval
of Chairman/Member;
e) Assisting
the Chairman/Member/Bench Officer in the Court Hall during hearings;
f) Providing/sending
certified copies of orders signed by Bench Officer to parties concerned;
g) Make note of
the matters which have been adjourned and issues fresh notices for hearing
wherever necessary;
h) Dealing with
matters before other Courts and Forums;
i) Preparation
of various statistical data/information for periodical statements, replies to
parliament questions and other queries of H.Q. and other Authority; and
j) Doing any
other work that may be assigned by Chairman/Member/Bench Officer from time to
time.
Powers and
duties of the Under Secretary
An Under Secretary is in charge of
the C.L.B. Sectt. and in respect thereto exercises control both in regard to
the dispatch of business and maintenance of discipline. Work comes to him from the Sectt. through
Section Officer. As Branch Officer, he
disposes of as many cases as possible at his own level but he takes the orders
of Secretary, Company Law Board or higher officers on important cases. He has been declared as “Head of Office” in
respect of administrative and financial matters.
Powers and
duties of the Section Officer
As in-charge of the Section he
deals with all establishment matters with the assistance of the staff members.
He has also been declared as Drawing and Disbursing Officer. His duties include enforcement of discipline
in the section, distribution of work among the staff and ensure efficient &
expeditious disposal of work. He also deals with important and complicated
cases himself. He submits the files to
Under Secretary of Company Law Board.
Powers and duties of the
Assistant/Upper Division Clerk
They work under the orders and
supervision of the Section Officer and are responsible for the work entrusted
in them. Where the line of action on a
case is clear or clear instructions have been given by the Branch Officer or
higher officers, they put up draft without much noting. In other cases they put up a note keeping in
view the following points : -
(i) to see whether all facts open to
check have been correctly stated;
(ii) to point out any mistake or
incorrect statement of the facts;
(iii) to
draw attention, where necessary, to precedents or Rules and Regulations on the
subject;
(iv) to put
up the Guard file, if necessary, and supply other relevant facts and figures.
(v) to bring
out clearly the question under consideration and suggest a course of action
where possible.
Upper Division Clerk has also been
discharging the duties of Cashier of Company Law Board.
Powers and duties of the Private
Secretary / Personal Assistant
They
keep the officers free from routine nature of work by mailing correspondence,
filing papers, making appointments, arranging meeting and collecting
information so as to give the officer more time to devote himself to the work
in which he has specialized. The
Personal Assistants maintain the confidentiality and secrecy of confidential
and secret papers entrusted to them.
Some of the more specific functions are enumerated below :-
(i) Taking
dictation in shorthand and its transcription in the best manner possible;
(ii) Fixing up of appointments and if necessary canceling them;
(iii) Screening the telephone calls
and the visitors in a tactful manner;
(iv) Keeping
an accurate list of engagements, meeting etc. and reminding the officer
sufficiently in advance for keeping
them up;
(v)
Maintaining, in proper order, the papers required to be retained by the
Officer;
(vi) Keeping
a note of the movement of files, seen by his officer and other officers, if
necessary;
(vii) Destroying by burning the stenographic record of
the confidential and secret letters after they
have been typed and issued, in presence of Under
Secretary;
(viii) Carrying out the corrections to the officer’s
reference books and making fair copies of draft demi-official letters to be
signed by the officer;
(ix) Generally
assisting the Officers in such a manner as they may direct and at the same
time, they must avoid the temptation of abrogating to themselves the authority
of their bosses.
Powers and duties of the Lower
Division Clerk
Lower
Division Clerk are ordinarily entrusted with work of routine nature, for
example – registration of Dak, maintenance of Section Diary, File Register,
File Movement Register, Indexing and Recording, typing, comparing, dispatch,
preparation of arrears and other statements, supervision of correction of
reference books and submission of routine and simple draft etc.
Other employees and staff members such as Staff Car
drivers and Group ‘D’ employees working under the control of Senior Officer
concerned.
III The
procedure followed in the decision making process, including channels
of supervision and accountability.
All petitions/
applications received by various Benches of Company Law Board are put up
alongwith the formal notes first to the Bench Officer concerned and through him
to the concerned Member. Petitions/ applications are heard by Benches in the
open Court and speaking orders are passed.
The final
orders on all the applications /petitions which have been disposed of by a
Bench are issued by Hon'ble Chairman/vice Chairman/ Member. The certified copies of the order to be
issued to the parties concerned are signed by Bench Officer of the concerned
region before they are issued.
All
administrative matters, financial matters and vigilance cases are submitted to
the Secretary in the Head quarters and Members in the Regional Benches.
IV) The norms
set by it for the discharge of its functions
The various Benches of Company Law Board have set a
time frame to post all those applications/petitions received in one month and
found in order for hearing in the following month itself especially the
applications filed by depositors for non-repayment of deposits save those cases
where the report of the Registrar of Companies is awaited. The
petitions/applications are placed before the Bench for directions and/or
hearing after the pleadings are complete. Company Law Board ensures timely
disposal of cases within a reasonable time.
As regards administrative and financial matters, the
periodical statements are sent to Ministry of Company Affairs in a time bound
manner.
(V) The rules, regulations, instructions, manual and records, held by it or
under its control or used by its employees for discharging its functions.
The Bench registers the petitions/applications
received by it after scrutiny and disposes them on the basis of the following
Act, Rules/Regulations which regulate it viz.,
a) Companies
Act, 1956
b) Company Law Board Regulations, 1991
c) Company Law
Board (Fees on Applications and Petitions) Rules, 1991
d) Offices of the Company Law Board
Benches (Destruction of Records) Rules,
1980.
e) Reserve Bank
of India Act, 1934 (Section 45QA)
and the Regulation made thereunder.
So far as administrative and financial matters are
concerned, the rules, regulations, instructions, manual issued by
Department of Personnel and Training and other concerned Ministries are being
followed.
VI) A statement of the categories of the
documents that are held by it or under its control
The documents that are held under this Board are those
which relates to the petitions/applications filed before the various Benches of
the Board.
VII) The particulars of any arrangement
that exists for consultation
with, or representation by the members of the public in
relation to the formulation of its policy or implementation
thereof
The Board discharges quasi judicial functions and as
such no policy formulation and implementation is in the charter of the Board.
VIII) A statement
of the boards, councils, committee and other bodies consisting of two or more
persons constituted as its part or for the purpose of its
advice, and as to whether meetings of those boards, councils, committee
and other bodies are open to the public, or the minutes of such meetings
are accessible for public.
The Bench holds hearings at regular
intervals and the parties concerned or their Advocates/Authorised
Representatives are present during those hearings. When the applications filed by depositors are posted for hearing,
they are also present sometime during the proceedings. The Bench has also
constituted hardship committees in respect of some companies against whom
scheme orders have been passed to consider the applications received from
depositors facing indigent circumstances.
IX. Directory of its officers and
employees.
|
S.No |
Name and Designation |
Office Telephone |
Internal Ph. No. |
|
1. |
Justice Sh. Dilip Raosaheb
Deshmukh, Chairman |
24366126 |
301 |
|
2. |
Smt. N. Vijaylakshmi, Senior
PS |
24366126 |
302 |
|
3. |
Smt. Vimla Yadav, Member |
- |
303 |
|
4. |
, P.S. |
24366124 |
304 |
|
5. |
Sh. Alok Samantarai, Secretary |
24363451 |
313 |
|
6. |
Sh. Nimmi Dhar, Under Secretary |
24363667 |
314 |
|
7. |
Sh. V.N. Sharma, Bench Officer |
24366125 |
309 |
|
8. |
Smt. Richa Kukreja, Bench Officer |
24366123 |
308 |
|
9. |
Sh. Rajpal Singh, Bench officer |
24366123 |
307 |
|
10. |
Sh.
Ramesh Chander, Section Officer |
24363797 |
318 |
|
11. |
Shri Dildar Singh,
Assistant |
24363797 |
318 |
|
12. |
Smt. Nirmala Vincent,
STA |
24363797 |
318 |
|
13. |
Smt. Neelam Nain, SLA |
24369753 |
315 |
|
14. |
Smt. Poonam Bansal,
UDC |
24363797 |
319 |
|
15. |
Sh. Tarun Kr.
Singhania, Steno Gr. ‘D’ |
24363797 |
318 |
|
16. |
Shri. Rattan Singh,
LDC |
24363797 |
318 |
|
17. |
Shri Om Pal Singh,
L.D.C. |
24363797 |
318 |
|
18. |
Shri Shree Bhagwan,
L.D.C. |
24369753 |
315 |
|
19. |
Shri. Kuldeep Singh,
Staff Car Driver |
- |
- |
|
20. |
Sh. Bagambar Singh,
Staff Car Driver |
- |
320 |
|
21. |
Shri Chandra Dutt,
Staff Car Driver |
- |
320 |
|
22. |
Shri. Mohan Singh, Sr.
Peon |
- |
318 |
|
23. |
Shri Virendar Kumar,
Sr. Peon |
24363797 |
318 |
|
24. |
Shri Satpal, Sr. Peon |
24366125 |
309 |
|
25. |
Shri. Jeevan Nath Gaire, Peon |
24363797 |
318 |
|
26. |
Shri. Jikesh Kumar, Peon |
24366126 |
302 |
|
28 |
Sh. Hira Lal Kori, Peon |
24366126 |
302 |
Kolkata Bench, Kolkata
|
S.No |
Name & Designation |
Telephone No. |
Fax No. |
|
1, |
Shri B.S.V. Prakash Kumar, Member |
033-22486330 |
033-22621760 |
|
2. |
Shri S.V. Rajgopal, Bench Officer |
033-2248
6330 |
033-22621760 |
|
3. |
Shri T K Mandal, Sr. Private
Secretary |
033-2248
6330 |
033-22621760 |
|
4. |
Shri R N Banerjee, Senior Legal
Assistant |
033-2248
6330 |
033-22621760 |
|
5. |
Shri P. Mondal, Lower Division
Clerk |
033-2248
6330 |
033-22621760 |
|
6. |
Shri Bipradas Kar, Staff Car
Driver |
033-2248
6330 |
033-22621760 |
|
7. |
Shri Ram Pravesh Sharma, Daftry |
033-2248
6330 |
033-22621760 |
|
8. |
Shri Sibulal Majumdar, Peon |
033-2248
6330 |
033-22621760 |
Mumbai Bench, Mumbai
|
S.No |
Name & Designation |
Telephone No. |
Fax No. |
|
1. |
Shri Kanthi Narhari, Member
(Judicial) |
022-22619636 |
022-22619636 |
|
2. |
Mrs. S.A. Patil, Sr. PS to Member |
022-22619636 |
022-22619636 |
|
3. |
Shri. Sajeevan C.V., Bench Officer |
022-22611456 |
022-22619636 |
|
4. |
Sh. V.P. Verma, STA (Loan-basis) |
022-22611456 |
022-22619636 |
|
5. |
Sh. A.S. Jaiswar, L.D.C. |
022-22611456 |
022-22619636 |
|
6. |
Sh. J.D. Gondke, L.D.C. |
022-22611456 |
022-22619636 |
|
7. |
Sh. S.R. Matwankar, Staff Car Driver |
022-22611456 |
022-22619636 |
|
8. |
Sh. S.K. Girkar, Peon |
022-22611456 |
022-22619636 |
|
9. |
Sh. V.D. Jadhav, Peon |
022-22611456 |
022-22619636 |
Chennai Bench, Chennai
|
S.No |
Name & Designation |
Telephone No. |
Fax No. |
|
1. |
Vacant, Vice-Chairman |
044-28273512 |
044-25262794 |
|
2. |
Smt. Lizamma Augustine, Member |
044-25262791 |
044-25262794 |
|
3. |
Shri C.S. Govindarajan, Bench Officer |
044-25262793 |
044-25262794 |
|
4. |
Shri Vasantha Kumar Ail, Bench Officer |
044-25262793 |
044-25262794 |
|
5. |
Shri K. Sowamini, PS to Vice-Chairman |
044-25262791 |
044-25262794 |
|
6. |
Shri. K. Manivannan, Sr. Legal Assistant |
044-25262793 |
044-25262794 |
|
7. |
Shri P.V.S.S. Kaladhar, Legal Assistant |
044-25262793 |
044-25262794 |
|
8. |
Smt. S. Shanmuga Priya, Lower Division Clerk |
044-25262793 |
044-25262794 |
|
9. |
Sh. N. Mahadevan, LDC (ad-hoc) |
044-25262793 |
044-25262794 |
|
10. |
Shri K.E. Manivannan, Staff Car Driver |
044-25262793 |
044-25262794 |
|
11. |
Shri K. Kanniappan, Daftry |
044-25262793 |
044-25262794 |
X The monthly remuneration received by
each of its officers and employees,
including the system of compensation as provided in its regulations:
The monthly emoluments received by
the officers of this Organization are given below:
List of
Officers at Company Law Board headquarters, New Delhi and their Band Pay, Grade
Pay and total emoluments as on 29.01.2010.
|
NO. |
NAME OF THE OFFICER |
DESIGNATION |
BAND PAY (Rs.) |
GRADE PAY |
TOTAL EMOLU-MENTS (Rs.) |
|
1.
|
Justice Sh. Dilip Raosaheb Deshmukh |
Chairman |
80000 |
- |
137600 |
|
2.
|
Smt. Vimla Yadav, |
Member |
75,420 |
- |
75420 |
|
3.
|
Shri. Alok Samantarai |
Secretary |
43210 |
8700 |
69990 |
|
4.
|
Shri V.N. Sharma |
Bench Officer |
22060 |
5400 |
38938 |
|
5.
|
Smt. Richa Kukreja |
Bench Officer |
23070 |
6600 |
51296 |
|
6.
|
Shri. Rajpal Singh |
Bench Officer |
19180 |
5400 |
42655 |
|
7.
|
Shri. Ramesh Chander |
Section Officer |
15460 |
4600 |
33736 |
|
8.
|
Smt. N. Vijaylakshmi |
Sr. PS |
17910 |
4800 |
38087 |
|
9.
|
Shri Dildar Singh |
Assistant |
11650 |
4200 |
22372 |
|
10. |
Smt. Vidya Shastri |
P.A. |
11180 |
4200 |
26179 |
|
11. |
Shri Tarun Kumar Singhania |
Steno. Gr. D |
8840 |
2400 |
19679 |
|
12. |
Smt. Nirmala Vincent |
STA |
10370 |
4200 |
20836 |
|
13. |
Smt. Poonam Bansal |
UDC |
9940 |
2400 |
21706 |
|
14. |
Shri Anil Kumar |
LDC |
7740 |
1900 |
17167 |
|
15. |
Shri. Rattan Singh |
LDC |
7440 |
1900 |
14104 |
|
16. |
Shri Om Pal Singh |
LDC |
7130 |
1900 |
12440 |
|
17. |
Shri Shree Bhagwan |
LDC |
7130 |
1900 |
15149 |
|
18. |
Shri Kuldeep Singh |
SCD |
9340 |
2400 |
17212 |
|
19. |
Sh. Bagambar Singh |
SCD |
9120 |
2400 |
20388 |
|
20. |
Shri. Chandra Dutt |
SCD |
8060 |
1900 |
14741 |
|
21. |
Shri. Mohan Singh |
Sr. Peon |
7200 |
1400 |
11744 |
|
22. |
Shri Virendar Kumar |
Sr. Peon |
7070 |
1400 |
14120 |
|
23. |
Shri Satpal |
Sr. Peon |
6760 |
1400 |
13843 |
|
24. |
Shri. Jikesh Kumar |
Peon |
6260 |
1300 |
10423 |
|
25. |
Sh. Hira Lal Kori |
Peon |
6260 |
1300 |
12691 |
Kolkata
Bench, Kolkata (as on 29.01.2010):
|
Sl. No. |
Name of officer/employee |
Designation |
Band Pay |
Grade Pay |
Total Emoluments |
|
1.
|
Shri
B.S.V. Prakash Kumar |
Member |
To be fixed |
- |
To be fixed |
|
2.
|
Sh.
S.V. Rajgopal |
Bench
Officer |
Rs.22290 |
Rs.6600 |
Rs. 40754 |
|
3.
|
Sh.
T K Mandal |
Private
Secretary |
Rs.20510 |
Rs.4800 |
Rs. 41769 |
|
4.
|
Sh.
R Banerjee |
Sr.
Legal Assistant |
Rs.17970 |
Rs.4600 |
Rs.37467 |
|
5.
|
Sh.
P. Mondal |
Lower
Division Clerk |
Rs. 7740 |
Rs.1900 |
Rs.18431 |
|
6.
|
Vacant |
Lower
Division Clerk |
- |
- |
-. |
|
7.
|
Sh.
B Kar |
Staff
Car Driver |
Rs. 7280 |
Rs.1900 |
Rs. 15235 |
|
8.
|
Sh.
R P Sharma |
Daftry |
Rs. 6660 |
Rs.1800 |
Rs. 11626 |
|
9.
|
Sh.
S L Majumdar |
Peon |
Rs. 6010 |
Rs.1300 |
Rs. 12299 |
Mumbai Bench, Mumbai (as on 29.01.2010):
|
S.No |
Name |
Designation |
Band Pay |
Grade Pay |
Total |
|
1. |
Sh.
Kanthi Narahari |
Member |
Rs.71080 |
- |
Rs.71080 |
|
2. |
Sh.
Sajeevan C.V. |
Bench Officer |
To be fixed |
- |
To be fixed |
|
3. |
Mrs.
S.A. Patil |
Sr.
P.S. |
Rs.25220 |
Rs.4800 |
Rs.47131 |
|
4. |
Sh.
V.P. Verma, STA * |
022-22611456 |
Rs. 17560 |
Rs. 4600 |
Rs. 30475 |
|
5. |
Sh.
A.S. Jaiswar, L.D.C. * |
022-22611456 |
Rs. 6870 |
Rs. 1900 |
Rs. 14531 |
|
6. |
Sh.
J.D. Gondke |
LDC |
Rs.7890 |
Rs.1900 |
Rs.17402 |
|
7. |
Sh.
S.R. Matwankar |
Staff Car Driver |
Rs.8060 |
Rs.1900 |
Rs.17939 |
|
8. |
Sh.
S.K. Girkar |
Peon |