Exemption under Section 211 of Companies Act 1956
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,
SECTION 3, SUB SECTION (ii) of dated the 8th February, 2011]
Government of India
Ministry of Corporate Affairs
New Delhi; the 8th February, 2011
S.O. 300 (E). – In exercise of the powers conferred by sub-section (3) of section 211 of the Companies Act, 1956 (1 of 1956), the Central Government, being of the opinion that it is necessary to grant exemption in the public interest, hereby exempts Public Financial Institutions as specified under section 4A of the Companies Act, 1956 from disclosing Investments as required under paragraph (1) of Note (1) of Part-I of Schedule VI in their balance sheet subject to fulfillment of the following conditions, namely:-
(i)the Public Financial Institutions shall make the complete disclosures about investments in the balance sheet in respect of the following, namely: -
(b)capital of Partnership firms;
(c)all unquoted investments and;
(d)investments in subsidiary companies.
(ii)the Public Financial Institutions shall disclose the total value of quoted investments in each of the following respective categories, namely:-
(a)Government and trusts securities;
(iii)in each of the above categories referred to in sub-paragraphs (i) and (ii), investments where value exceeds two percent of total value in each category or one crore rupees, whichever is lower, shall be disclosed fully provided that where disclosures do not result in disclosure of at least fifty percent of total value of investment in a particular category, additional disclosure of investments in descending order of value shall be made so that specific disclosures account for at least fifty percent of the total value of investments in that category;
(iv)the Public Financial Institutions shall also give an undertaking to the effect that as and when any of the shareholders ask for specific particulars the same shall be provided;
(v)all unquoted investments shall be separately shown;
(vi) the company shall undertake to file with any other authorities, whenever necessary, all the relevant particulars as may be required by the Government or other regulatory bodies;
(vii)the Investments in subsidiary companies or in any company such that it becomes a subsidiary, shall be fully disclosed.
2.This notification shall be applicable in respect of balance sheet and profit and loss accounts prepared in respect of the financial year ending on or after the 31st March, 2011.
[F. No. 51/12/2007-CL.III]
(Dr. T.V. Somanathan)