Action for offence
Guest
(Querist) 27 April 2014
This query is : Resolved
A party has committed an offence under Companies Act, 1956. Now Companies Act, 2013 has come into force. For Action against the party for offence, please advise
1. Forms under Companies Act, 1956 will be used for making complaint to Company Law Board or
2. Procedure under New Companies Act, 2013 will be followed.
R.V.RAO
(Expert) 28 April 2014
under the new co's act 2013,the sections and rules and schedules were all published,
as per following mca release.
Therefore we may follow the sections,schedules, and rules of the new co's act 2013.
"MCA clarifies that all Rules published under Companies Act, 2013 are effective 1st April, 2014. MCA has released the statement of notification of rules under new co's act 2013 on its website clarifying the above. This puts to rest the doubts that had arisen for certain rules which were mentioned to be applicable from the date of publication in official gazette, however, the same were not yet published in the official gazette till date.
source:http://corporatelawreporter.com/2014/04/22/
ajay sethi
(Expert) 28 April 2014
well advised by Mr Rao
Guest
(Querist) 28 April 2014
Thanks Mr. Rao, Mr. Sethi and Mr. Goyal. Mr. Rao has clarified that
"under the new co's act 2013,the sections and rules and schedules were all published,
as per following mca release.
Therefore we may follow the sections,schedules, and rules of the new co's act 2013."
My query is different. It is with respect to contraventions under Companies Act, 1956.
R.V.RAO
(Expert) 29 April 2014
The new cos. act 2013 specifically talks about offences, fines and punishments under several sections , like sec.439, and also sec.446, to sec. 453 .there are some provisions in the new act which were not there in the old act.
Guest
(Querist) 29 April 2014
SIR, IN MY CASE I HAVE BEEN CHEATED BY A COMPANY BY CONTRAVENING PROVISIONS OF COMPANIES ACT, 1956. HOW DO I PROCEED IN VIEW OF NEW ACT 2013 IN FORCE.
T. Kalaiselvan, Advocate
(Expert) 30 April 2014
If you donot understand Mr. Rao's opinions on the subject, contact a local lawyer and proceed as per his advise.
R.V.RAO
(Expert) 30 April 2014
ALL grievances under the company law can be redressed by approaching, the registrar of companies of the state where you reside/Regional director, besides one can approach, the national company law tribunal, formed wef 01/4/14.
also one can write to dept.of company affairs,(now MCA),new delhi. you can also mail to
appl.helpdesk@mca.gov.in
if monies are due to you ,and not paid by the company concerned,exceeding Rs one lakh ,serve a notice for winding up of company through an advocate.
Guest
(Querist) 01 May 2014
Thanks Mr. Rao for the kind advice. Here, the question is can I approach National Company Law Tribunal for offences under Companies Act, 1956.
R.V.RAO
(Expert) 02 May 2014
from the following powers of NCLT,it appears that one can directly approach NCLT for any NBFC default in repayment of deposits.
for other matters, you have to approach the authorities stated above like ROC,REG.DIRECTOR ETC as stated above by me.
if you fail at the above levels /authorities, then NCLT will be like high court which you approach when you fail to get justice in subordinate courts.
Powers of NCLT
The NCLT has been empowered to exercise the following powers:
1. Most of the powers of the Company Law Board under the Companies Act, 1956.
2. All the powers of BIFR for revival and rehabilitation of sick industrial companies;
3. Power of High Court in the matters of mergers, demergers, amalgamations, winding up, etc.;
4. Power to order repayment of deposits accepted by Non-Banking Financial Companies as provided in
section 45QA of the Reserve Bank of India Act, 1934;
5. Power to wind up companies;
6. Power to Review its own orders.
source:icsi.edu
dr g balakrishnan
(Expert) 18 October 2014
if relevant forms are available pls check in the amended Act if not you can use 1956 forms.
Court may direct if new format has to be used.
