MINISTRY OF
LAW, JUSTICE AND COMPANY AFFAIRS
(DEPARTMENT OF
COMPANY AFFAIRS)
G.S.R.
51(E). – In exercise of powers conferred by sub-section (1) of section 642 read
with sub-section (2) of section 17A of the Companies Act, 1956 (1 of 1956), the
Central Government hereby makes the following rules further to amend the
Companies (Central Government’s) General Rules and Forms, 1956, namely :
-
1.
(1) These
rules may be called the Companies (Central Government’s) General Rules and Forms
(Third Amendment) Rules, 2001
(2) They
shall come into force on the date of publication in the Official
Gazette.
2.
In the
Companies (Central Government’s) General Rules and Forms, 1956, -
(i) after rule 4BB, the
following rule shall be inserted, namely:-
“4BBA. Change of registered office within a State. - (1) The company seeking confirmation
from the Regional Director for shifting its registered office from the
jurisdiction of one Registrar of Companies to the jurisdiction of another
Registrar of Companies within the same State shall make an application in form 1 AD to the Regional Director
alongwith a fee of Rs.500/-.
(2) The
Regional Director shall pass an order in writing confirming the change after
giving necessary opportunity of being heard to the parties within four weeks
from the date of receipt of application.
(3)
The company shall file a copy of the confirmation order passed by the
Regional Director with the concerned Registrar of Companies within two months
from the date of the confirmation order and the Registrar shall make necessary
changes in the register and transfer the records to the Registrar of Companies
under whose jurisdiction the company has shifted its registered
office.”
(ii)
after Form 1AC,
the following Form shall be inserted, namely:-
“FORM 1
AD
APPLICATION FOR
THE CONFIRMATION BY REGIONAL DIRECTOR FOR
CHANGE OF REGISTERED OFFICE OF THE COMPANY WITHIN A STATE FROM THE
JURISDICTION TO ONE REGISTRAR TO THE JURISDICATION TO ANOTHER REGISTRAR.
(See rule 4BBA)
Registration Number of Company____________
Nominal Capital Rs._______________________
1.
Name of the
Company
and Address of its Registered Office :
2.
The date of
incorporation :
3.
Details of
Directors :
4.
Reasons for
change in place of the Registered Office :
5.
The date of
passing of Special Resolution :
(Attach a copy
of duly certified)
6.
Whether a copy of the Special
Resolution has
been filed with the Registrar in Form No.23.
7.
Date of filing the above Form
with Registrar of Companies:
8.
The number of members of the
company at the time the
decision for shifting was taken :
9.
The proposal for shifting, if
accepted, the number of the members
who
voted in favour of the proposal for conversion and their respective
shareholdings:
10. The
proposal for shifting, if accepted, the number of the members
who
voted against the proposal for conversion and their respective
shareholdings. The grounds put forth by them, if any, so as
to justify
the
opposition to the proposal should also be stated in detail. (A
copy
of the
minutes of the meeting shall be attached).
11.
Date of advertisement in the
News Paper :
(Attach a copy
of paper clipping)
12.
Details of objection received in response
to
the advertisement :
13.
Bank Draft evidencing payment of fee
:
14.
Particulars of Investors Grievances
if any:
15.
Details of
prosecution filed against the
Company and its
Officers in default if any
Please furnish
the details of the legal counsel(s)/
Counsel(s)
holding the matter:
(Signature of
the Applicant)
*Designation/Description
See Rule 4BBA
*state whether
Managing/Whole Time/ Director, Manager or Secretary.
Instructions :
i) Bank Draft should be drawn in favour of Pay and
Accounts Officers,
Department of Company Affairs.
ii) Application Form should be filed with the Registrar of Companies from
where the company proposes to shift it Registered Office and copy for
information to the Registrar of Companies under whose jurisdiction Registered
Office is proposed to be shifted.”
(
F.No. 1/13/2000-CL.V)
A. RAMASWAMY
Joint
Secretary to the Government of India.
Footnote: The Principal rules were published vide S.R.O.432 dated 18-2-56 and
subsequently amended by:-
|
Serial Number |
Notification Number |
Notification Date |
|
1. |
SRO
2535 |
1.11.1956 |
|
2. |
SRO
3135 |
21.12.1956 |
|
3. |
SRO
237 |
19.1.1957 |
|
4. |
SRO
2105 |
29.1.1957 |
|
5. |
SRO
3038 |
28.9.1957 |
|
6. |
SRO
3867 |
7.12.1957 |
|
7. |
GSR
48 |
22.2.1958 |
|
8. |
GSR
723 |
23.8.1958 |
|
9. |
GSR
750 |
30.8.1958 |
|
10. |
GSR
1026 |
1.11.1958 |
|
11. |
GSR
14 |
3.1.1959 |
|
12. |
GSR
548 |
9.5.1959 |
|
13. |
GSR
1140 |
17.10.1959 |
|
14. |
GSR
1224 |
7.11.1959 |
|
15. |
GSR
1364 |
12.12.1959 |
|
16. |
GSR
220 |
27.2.1960 |
|
17. |
GSR
595 |
28.5.1960 |
|
18. |
GSR
195 |
18.2.1961 |
|
19. |
GSR
814 |
24.6.1961 |
|
20. |
GSR
1105 |
9.9.1961 |
|
21. |
GSR
1408 |
25.11.1961 |
|
22. |
GSR
653 |
12.5.1962 |
|
23. |
GSR
344 |
2.3.1963 |
|
24. |
GSR
628 |
13.4.1963 |
|
25. |
GSR
97 |
16.1.1965 |
|
26. |
GSR
822 |
12.6.1965 |
|
27. |
GSR
1570 |
30.10.1965 |
|
28. |
GSR
368 |
19.3.1966 |
|
29. |
GSR
421 |
18.3.1966 |
|
30. |
GSR
499 |
9.4.1966 |
|
31. |
GSR
743 |
21.5.1966 |
|
32. |
GSR
847 |
4.6.1966 |
|
33. |
GSR
1266 |
13.8.1966 |
|
34. |
GSR
130 |
20.1.1968 |
|
35. |
GSR
667 |
30.6.1973 |
|
36. |
GSR
327(E) |
10.6.1975 |
|
37. |
GSR
414(E) |
16.7.1975 |
|
38. |
GSR
2596 |
1.11.1975 |
|
39. |
GSR
2828 |
13.12.1975 |
|
40. |
GSR
154 |
31.1.1976 |
|
41. |
GSR
248(E) |
24.3.1976 |
|
42. |
GSR
627 |
14.5.1977 |
|
43. |
GSR
24(E) |
9.1.1979 |
|
44. |
GSR
1256 |
6.10.1979 |
|
45. |
GSR
555(E) |
4.9.1982 |
|
46. |
GSR
479(E) |
22.4.1988 |
|
47. |
GSR
694(E) |
10.6.1988 |
|
48. |
GSR
782(E) |
13.7.1988 |
|
49. |
GSR
908(E) |
7.9.1988 |
|
50. |
26.10.1988 | |
|
51. |
GSR
449 (E) |
17.4.1989 |
|
52. |
GSR
510(E) |
24.5.1990 |
|
53. |
GSR
795(E) |
18.9.1990 |
|
54. |
GSR
289(E) |
31.5.1991 |
|
55. |
GSR
614(E) |
3.10.1991 |