Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Company Law Board (Fees on Applications and Petitions) Rules, 1991 CONTENTS 1. Short title and commencement 2. Definitions 3. Fees on application or petition 4. 4 5. The fees received by the Pay and Accounts Officer uner SCHEDULE 1 :- Schedule 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 other 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 the Board of the Company Law Administration, constituted under section 10E of the Act; (d) "Monopolies Act" means Monopolies and Restrictive Trade Practices Act, 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 (1) of s.22A of the Securities Contracts Act, (j) "Securities Contracts Act" means Securities Contracts (Regulation) Act, 1956. 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. 1. Inserted by Company Law Board (Fees on Applications and Petitions) (Amendment) Rules, 1992, w.e.f. 29-9-1992. 4. 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 uner :- 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 uner the Companies Act, 1956.] SCHEDULE 1 Schedule [See rule 2(1)] SI. Section of Nature of application/petition Fees No. the Act (in Rs.) No. the Act (in Rs.) 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 comply with 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. S. 58A(9) and S.45QA of Reserve Bank of India Act, 1934 To direct the company to make repayment of the matured deposits. 50 6A. S.58AA(1) Intimation of defailt 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) To give consent to issue of further redeemable Proviso 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 ti (1) f ti 113 idi section (1) of section 113 providing time limit for issue of share/debenture certificates. 50 11A.S.117B(4)Petition by the Debenture Trustees 1000 11B.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 13. S. 141(1) For extension of time for condonation of delay and (3) in filing the particulars of a charge or modification of a charge or intimation of payment or satisfaction of a charge with the R i t f C i 200 Registrar of Companies. 200 14. S. 144(4) To direct inspection of 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. 500 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 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 that 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 be furnished forthwith to person concerned. 50 21. S. 225(3) To decide as to whether right of auditors to Proviso 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. 500 22. S. 235(2) To declare by an order that affairs of a company be investigated by inspector(s). 3[2,500] 22A. S. 237B To order investigations of the affairs of a company 2,500 23. S. 250 Complaint by any person for finding out facts about certain shares. 5[2,500] 24. S. 284(4) To decide as to whether the right of a director to proviso 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. 100 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, To exercise powers in connection with preven 5000 400,401,402, tion of oppression and/or mismanagement 403,404,405 28. S. 407(1) 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. 2,500 29. S. 408 To decide whether it is necessary to appoint Government directors on the Board of Directors and to advise Central Government accordingly. 2,500 30. S. 409(1) To prevent change in Board of Directors likely to affect company prejudicially. 2,500 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. [* * * * *] [* * * * *.] [***] 33. S. 2A of the Monopolies Act For determination of any question of group, inter-connection or same management in accordance with the provisions of section 2A of the Monopolies Act. 500