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Delegation of power of Central Govt with regards to MCA

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Delegation of powers of Central Government to Registrar of Companies

[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3,

SUB SECTION (ii)]

GOVERNMENT OF INDIA

Ministry of Corporate Affairs

Notification

New Delhi the 10.07.2012

S.O. (E).- In exercise of the power conferred by sub-section (1) of section 637 of the Companies Act 1956 (1of 1956), and in supersession of the notification of the Government of India, in the then Department of Company Affairs, number G.S.R. 222(E), dated the 17^th March, 2011, except as respects things done or omitted to be done before such supersession, the Central Government hereby delegates to the Registrar of Companies, the power and functions vested in it under the following sections of the said Act, subject to condition that the Central Government may revoke such delegation of powers or may itself exercise the powers and function under the said sections, if in its opinion such a course of action is necessary in the public interest, namely :-

(a) section 21,

(b) section 25,

(d) sub section (1D) of section 108,

(e) section 572.

2. The powers and functions under sub-section (1D) of section 108 shall be exercised and performed either by the Registrar of Companies of the State in which the registered office of the Company is situated, or by the Registrar of Companies of the State in which the applicant ordinarily resides.

3. This notification shall come into force with effect from 12^th August, 2012.

[F No 1/ 1/ 2003-CL.V]

Renuka Kumar,

Joint Secretary to the Government of India

Delegation of Powers of Central Government to Regional Director

[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3,

SUB SECTION (ii)]

GOVERNMENT OF INDIA

Ministry of Corporate Affairs

Notification

New Delhi, the 10.07.2012

S.O. (E).- In exercise of the power conferred by sub-section (1) of section 637 of the Companies Act, 1956 (1 of 1956), and in supersession of the notification of the Government of India, in the then Department of Company Affairs, number G.S.R. 223(E), dated the 18th March, 2011, except as respects things done or omitted to be done before such supersession, the Central Government hereby delegates to the Regional Directors at Mumbai, Kolkata, Chennai, Noida, Ahmedabad and Hyderabad, the power and functions vested in it under the following sections of the said Act, subj ect to condition that the Central Government may revoke such delegation of powers or may itself exercise the powers under the said sections, if in its opinion such a course of action is necessary in the public interest, namely :-

(a) section 17, 18, 19

(b) section 22,

(d) section 141,

(e) section 188,

(f) section 297(1) proviso,

(g) section 394-A,

(h) section 400,

(i) second proviso to sub-section (5) of section 439 and sub section

(6) of the said section.

(j) clause (a) of sub section (1) of section 496,

(k) clause (a) of sub section (1) of section 508,

(l) sub-section (1) of section 551,

(m) clause (b) of sub- section (7) of section 555 and the proviso to clause (a) of sub section (9) of the said section,

(n) proviso to subsection (1) of section 610, and

(o) section 627,

2. This notification shall come into force with effect from 12^th August, 2012.

[F No 1/ 1/ 2003-CL.V]

Renuka Kumar,

Joint Secretary to the Government of India

Source : ,

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Comments (1)

palak
wrote on 16 July 2012

If a Company is already in process of Section 17(2)and has already complied till the advertisement of Public notice addressing to CLB, then wat will be the implications for that Comapny?

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