Company Law Board (Fees on Applications and Petitions) Rules, 1991
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 powers enabling it in that behalf, the Central Government hereby makes the following rules, namely :-
1. Short title and commencement -
(1) These rules 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.
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 theBoard 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 schedule to these rules ;
(i) "Security" means security as defined in clause (b) of sub-section (1) of section 22A of the Securities Contracts Act;
(j) "Securities Contracts Act" means the Securities Contracts (Regulation) Act, 1956 (42 of 1956).
3. Fees on application or petition -
(1) Every petition made to the Company Law Board shall be accompanied by 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 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.
4. The 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.
5. The 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.
Schedule
[See rule 2(1)]
Sl. No.
|
Section of the Act
|
Nature of application / petition
|
Fees (in Rs.)
|
3[1.
|
S. 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.
|
1000
|
2.
|
S. 18(4)
|
For extension of time for filing documents for registration of alteration.
|
100
|
3.
|
S. 19
|
Application for revival of order made under section 17.
|
100]
|
4.
|
S. 43
|
Praying for relief from consequences of failure to complywith the conditions constituting it a private company.
|
200
|
5.
|
S. 49(10)
|
To direct the company to allow an immediate inspection of Register of Investments, if the inspection is refused.
|
100
|
6.
|
1[S.58A (9) and S.45QA of the RBI Act, 1934]
|
To direct the company to make repayment of the matured deposits
|
50
|
2[6 A. |
S.58AA(I) |
Intimation of default made by the company in repayment of small deposits or part thereof or any interest thereupon |
1000] |
7.
|
S. 79(2)
|
To sanction issue of shares at a discount.
|
1000
|
8.
|
S. 80A(1) Proviso
|
To give consent to issue of further redeemable preference shares in lieu of irredeemable preference shares.
|
1000
|
9.
|
S. 111
|
For rectification of Register of Members on any ground including refusal of registration of transfer/transmission of shares/debentures by the company.
|
500
|
10.
|
S. 113(1)
|
For extending the period for delivery of the certificates of debentures.
|
500
|
11.
|
S. 113(3)
|
To correct the default in non-compliance of sub-section (1) of section 113 providing time-limit for issue of share/debenture certificates.
|
50
|
2[11 A. |
S.117B(4) |
Petition by the Debenture Trustee |
1000 |
11 B. |
S.117C (4) |
To Direct the company to make repayment of matured debentures. |
50] |
12.
|
S. 118(3)
|
For furnishing copy of trust deed to person requiring it.
|
50
|
3[13.
|
S. 141(1) and (3)
|
For extension of time or 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.
|
200]
|
14.
|
S. 144(4)
|
To direct inspection to copies of instrument creating charges or register of charges.
|
200
|
15.
|
S. 163(6)
|
To direct inspection of registers and returns or to furnish the copies thereof to the person requiring it.
|
100
|
16.
|
S. 167
|
To direct or to call annual general meeting.
|
500
|
17.
|
S. 186
|
For ordering calling of general meeting (other than annual general meeting)
|
500
|
3[18.
|
S. 188(5)
|
For order as to whether the Rights conferred are being abused to secure needless publicity for defamatory matter and to order company's costs to be paid in whole or in part by the requisitionists.
|
50]
|
19.
|
S. 196(4)
|
For passing order directing immediate inspection of minute books or directing a copy thereof be sent forthwith to person requiring it.
|
50
|
20.
|
S. 219(4)
|
To pass an order directing that a copy of balance sheet and auditor's report demanded by furnished forthwith to person concerned.
|
50
|
21.
|
S. 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 fordefamatory matter and to order company's costs on an application to be paid in whole or in part by retiring auditors.
|
500
|
22.
|
S. 235(2)
|
To declare by an order that affairs of a company be investigated by inspector(s).
|
2500
|
22A.
|
S. 237B
|
To order investigations of the affairs of a company.
|
2500
|
22B. |
S.247 |
To order investigations of the affairs of a company |
|
23.
|
S. 250
|
Complaint by any person for finding out facts about certain shares.
|
2500
|
24.
|
S.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.
|
500
|
25.
|
S. 304(2)(b)
|
To pass an order directing immediate inspection of register maintained under section 303.
|
500
|
26.
|
S. 307(9)
|
To pass an order directing immediate inspection of register maintained under the section.
|
500
|
27.
|
Ss.397,398,400,401,402,403,404, 405.
|
To exercise powers in connection with prevention of oppression and/or mismanagement.
|
5000
|
28.
|
S. 407(1)(b)
|
To grant leave for an appointment of managing director or manager whose agreement has been terminated or set aside provided notice has been served on Central Government.
|
2500
|
29.
|
S. 408
|
To decide whether it is necessary to appoint Government directors on the Board of directors and to advise Central Government accordingly.
|
2500
|
30.
|
S. 409(1)
|
To prevent change in Board of Directors likely to affect company prejudicially.
|
2500
|
31.
|
S. 614(1)
|
To pass an order directing a company to make good the default from its failure to make returns, etc., to the Registrar of Companies.
|
500
|
32.
|
S.22A(4)(C)SecuritiesContracts Act.
|
To issue of direction for registration/ of the non-registration of Securities.
|
500
|
33.
|
S. 2A of the Monopolies Act.
|
For determination of any question of group, interconnection or same management in accordance with the provisions of section 2A of the Monopolies Act.
|
500
|
4[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.".] |
Amendments
1.Substiuted by Notification Dated 22nd July 2002.
In serial number 6, for the words and figures “S.58A(9)”, the words and figures “S.58A(9) and S.45QA of the Reserve Bank of India Act, 1934” shall be substituted.
2.Inserted by Notification Dated 22nd July 2002.
3.Omitted by Notification Dated 10th July 2012.
4..Inserted by Notification Dated 3rd November, 2014. |