GOVERNMENT OF INDIA
MINISTRY OF LAW, JUSTICE AND COMPANY
AFFAIRS
(DEPARTMENT OF COMPANY AFFAIRS)
NOTIFICATION
New Delhi, the 25th September,
2001
G.S.R. No.689(E).- In exercise of the powers conferred by
sections 58A, 58AA and 58AAA, read with sub-clauses (a) and (b) of sub-section
(1) of section 642 of the Companies Act, 1956 (1 of 1956), the Central
Government, in consultation with Reserve Bank of India, hereby makes the
following rules further to amend the Companies (Acceptance of Deposits) Rules,
1975, namely: –
1.
These rules may
be called the Companies (Acceptance of Deposits) Amendment Rules,
2001.
2.
They shall come
into force on the date of their publication in the Official
Gazette.
3.
In rule 2
of the Companies (Acceptance of
Deposits) Rules, 1975 (hereinafter referred to as the said rules), in clause
(b), for sub-clause (ix), the following
shall be substituted, namely:-
“(ix) any amount received by a private company
from a person who, at the time of the receipt of the amount, was a director,
relative of director or member:
Provided that the director or member, as the case
may be, from whom money is received, furnishes to the company at the time of
giving the money, a declaration in writing to the effect that the amount is not
being given out of funds acquired by him by borrowing or accepting from
others;”.
4.
In rule 4
of the said rules, in sub-rule (2),
after clause (j), the following
clauses shall be inserted, namely:-
“(ja) the total number of small depositors and
amount due to them in respect of which default has been
made;
(jb) the fact of waiver of interest accrued on
deposits of the small depositors.”.
5.
After rule 11
of the said rules, the following rule shall be inserted,
namely:-
“11A. The Regional Director of the Department of
Company Affairs shall be the authorised officer to make complaints under
sub-section (2) of section 58AAA of the Act.”.
[F.No. 1/17/2000-CL.V]
A. RAMASWAMY
Joint Secretary to the Govt. of India
Foot Note.- The principal rules were published vide
G.S.R.43(E), dated the
3rd February, 1975 and subsequently amended
by:-
|
1. |
S.O. 523(E), dated the 18th September,
1975 |
|
2. |
S.O. 684(E), dated the 29th November,
1975 |
|
3. |
G.S.R. 427(E), dated the 29th June,
1976 |
|
4. |
G.S.R. 820(E), dated the 24th September,
1976 |
|
5. |
G.S.R. 965(E), dated the 29th December,
1976 |
|
6. |
G.S.R. 385(E), dated the 17th June,
1977 |
|
7. |
G.S.R. 386(E), dated the 17th June,
1977 |
|
8. |
G.S.R. 424(E), dated the 27th June,
1977 |
|
9. |
G.S.R. 793(E), dated the 30th December,
1977 |
|
10. |
G.S.R.200(E), dated the 30th March,
1978 |
|
11. |
G.S.R.252(E), dated the 27th April,
1978 |
|
12. |
G.S.R.341(E), dated the 29th June,
1978 |
|
13. |
G.S.R. 378(E), dated the 17th July,
1978 |
|
14. |
G.S.R. 586(E), dated the 21st December,
1978 |
|
15. |
G.S.R. 109(E), dated the 21st March,
1980 |
|
16. |
G.S.R.185(E), dated the 1st April,
1980 |
|
17. |
G.S.R.380(E), dated the 24th June,
1980 |
|
18. |
G.S.R. 435(E), dated the 18th July,
1980 |
|
19. |
G.S.R. 546(E), dated the 24th September,
1980 |
|
20. |
G.S.R. 187(E), dated the 20th March,
1981 |
|
21. |
G.S.R. 44(E), dated the 12th January,
1982 |
|
22. |
G.S.R. 286(E), dated the 19th March,
1985 |
|
23. |
G.S.R. 372(E), dated the 19th April,
1985 |
|
24. |
G.S.R. 482(E), dated the 5th June,
1985 |
|
25. |
G.S.R. 7(E), dated the 2nd January,
1986 |
|
26. |
G.S.R. 358(E), dated the 1st April,
1987 |
|
27. |
G.S.R. 620(E), dated the 1st July,
1987 |
|
28. |
G.S.R. 850(E), dated the 12th October,
1987 |
|
29. |
G.S.R. 551(E), dated the 7th June,
1990 |
|
30. |
G.S.R. 39(E), dated the 10th January,
1992 |
|
31. |
G.S.R. 814(E), dated the 19th October,
1992 |
|
32. |
G.S.R. 744(E), dated the 10th December,
1993 |
|
33. |
G.S.R. 767(E), dated the 1st December,
1995 |
|
34. |
G.S.R. 155(E), dated the 19th March,
1997 |