SectionsParticulars
Chapter IPreliminary
1Short title, commencement and interpretation
– 1.     These regulations may be called the Company Law Board Regulations, 1991a.     They shall come into force on the date of their publication in the Of...
2Definitions
– 1.     In these regulations, unless the context otherwise requires –a.     “ Act” means the Companies Act, 1956 (1 of 1956);b.    “Annexure” means an Ann...
Chapter IIGeneral
3Composition of Benches of the Board
1.     Subject to regulation 4 every Bench of the Board formed under the sub-section (4B)of section 10E may consist of one or more members.2.     The order...
4Power of the Chairman to specify matters which may be dealt with by a Bench
1.     It shall be lawful for the Chairman to provide that matters falling under sections 235, 237, 247, 248, 250, 388B, 408 and 409and matters falling under...
5Vacancy in the office of the Chairman
-If, for any reasons, the Chairman is not appointed or a casual vacancy occurs in the office of the Chairman, the senior most member of the Board, holding off...
6Inability of the Chairman to function
- Omitted by Amendment Regulations, 1995...
7Jurisdiction of the Bench
1.     All proceedings, other than the proceedings before the Principal Bench under regulation 4, shall be instituted before the Bench within whose jurisdict...
8Language of the Bench
1.     The proceedings of a Bench shall be conducted in English or Hindi.2.     No petition, application, reference, document or other matter contained in a...
9Sitting hours of the Bench
Sitting hours of the Benches shall ordinarily be from 10.30 a.m. to 1.30 p.m and from 2.30 p.m to 4.30 p.m. on all working days except Saturday, Sunday and ot...
10Bench to have seal of its own
1.     There shall be a separate seal of a Bench of the Board.2.     Every such seal shall be kept in the custody of the Secretary or Bench Officer and sha...
11Petitions, etc. to be in writing
1.     Every affidavit, application, reference or petition shall be written, typewritten cyclostyled or printed, neatly and legibly, on one of the substantia...
12Application, reference or petition to be divided into paragraphs
Every application, reference or petition shall be divided into separate paragraphs which shall be numbered serially and shall state thereon the matter, and th...
13General heading to be in Form No. 1 in Annexure II
The general heading in all proceedings, whether original or interlocutory, and of advertisements and notices, shall be as in Form No. 1 in Annexure II...
14Procedure for filing petition
1.     Subject to the provision of regulations 35 and 37, a petition to the Bench shall be prepared in Form No.1 in Annexure II and presented by the petition...
15Presentation and scrutiny of petition
1.     The office of the Bench shall endorse on every petition the date on which it is presented.2.     If, on scrutiny, the petition is found to be in ord...
16Contents of petition
Every petition; other than an application filed under regulation 37 shall set forth the name of the company , with its status, date of incorporation, the addr...
17Contents of interlocutory application
An application filed subsequent to the filing of the petition applying for any interim order or direction shall, as far as possible, be in Form No. 2 in Annex...
18Documents to accompany the petition
1.     A petition shall be accompanied by documents as prescribed in Annexure III and shall be accompanied by an Index of Documents.2.     Documents referr...
19Rights of a party to appear before the Bench
1.     Every party may appear before a Bench in person or through an authorized representative. 2.     A party may, in writing, authorize an Advocate or a ...
20Plural remedies
A petition shall be based upon a single cause of action and may seek one or more reliefs provided that they are consequential to one another. ...
21Service of notice and process issued by the Bench
1.     Any notice or process to be issued by the Bench may be served by any of the following modes directed by the Bench:              i.        service b...
22Filling of reply and other documents by the respondents
1.     Each respondent intending to contest the petition shall file, in triplicate, the reply to the petition and the documents relied upon with the office o...
23Filling of counter-reply by the petitioner
Where the respondent states such additional facts as may be necessary for the just decision of the case under sub-regulation (2)of regulation 22, the Bench ma...
24Power of the Bench to call for further information/evidence
The Bench may, before passing orders on the petition, require the parties or any one or more of them, to produce such further documentary or other evidence as...
25Hearing of petition
The Bench may, if sufficient cause is shown at any stage of the proceeding grant time to the parties or any of them and adjourn the hearing of the petition or...
26Procedure to be followed where any party does not appear
1.     Where, on the date fixed for hearing of the petition or any application or on any other date to which such hearing may be adjourned, the petitioner or...
27Review
Regulation 27 omitted by CLB (Amendment) Regulations, 1992....
28Substitution of legal representative
1.     In the case of death of any party during the pendency of the proceedings before the Bench, the legal representatives of the deceased party may apply w...
29Order of the Bench
1.     Every order of the Bench shall be in writing, and shall be signed by the member or members constituting the Bench which pronounces the order.2.     In...
30Inspection of records and supply of certified copies
1.     Records of every pending proceedings will be open, as of right, to the inspection of the parties or their authorised representatives, on making an app...
31Powers and functions of the Secretary
1.     The Secretary shall be the principal officer of the Board and shall exercise his powers and perform his duties under the control of the Chairman.2.   ...
32Powers and duties of the Bench Officer
1.     In addition to the powers conferred elsewhere in these Regulations, the Bench Officer shall have the followings powers and duties subject to any gene...
33Registers of petitions and applications
1.     There shall be kept in the office of the Bench two separate registers, one for the petitions and the other for the applications filed before the Bench...
34Fees
1.     In respect of the several matters mentioned in Annexure III, there shall be paid fees for every petition as prescribed:Provided that no fee shall be ...
Chapter IIISpecial Provisions Relating to Certain Specific Matters
35Reference to Company Law Board
Any reference to the Board by the Registrar of Companies under section 621A of the Act or any reference to the Board by the Central Government under sections ...
36Petition under section 17
1.     The company shall, not less than one month before filing any petition under section (2)of section 17,-              i.        publish a general not...
37Application for deposit
Applications under sub-section (9) of section 58A of the Act or 45QA of the Reserve Bank of India Act, 1934 (2 of 1934), shall be in Form No. 4 in Annexure-II...
38Petition under section 397 or 398
A petition under section 397 or 398 shall not be withdrawn without leave of the Board, and where the petition has been presented by a member or members author...
39Petition under section 407
A petition under clause (b) of sub-section (1) of section 407 for leave to any of the persons mentioned therein as to be appointed or to act as the managing o...
40Reference under section 621A
1.     Every application for compounding of an offence shall be made by a company or its officers in default to the Registrar specifying clearly the nature o...
41Petition under section 2A of the Monopolies Act
Provisions of these regulations shall apply mutatis-mutandis to the petition made under section 2A of the Monopolies Act....
42Reference under section 22A of the Securities Act
Omitted by CLB (Amendment) Regulation, 1997....
Chapter IVMiscellaneous
43Enlargement of time
Where any period is fixed by or under these regulations or granted by a Bench, for the doing of any act, or filing of any documents or representation, the Ben...
44Saving of inherent power of the Bench
Nothing in these rules shall be deemed to limit or otherwise affect the inherent power of the Bench to make such orders as may be necessary for the ends of ju...
45Amendment of order
Any clerical or arithmetical mistake in any order of the Bench or error therein arising from any accidental slip or omission may, at any time, be corrected by...
46General power to amend
A Bench may, at any time, and on such terms as to costs or otherwise, as it may thing fit, amend any defect or error in any proceeding before it; and all nece...
47Bench to be deemed to be a Court for certain purposes
A Bench shall be deemed to be a Court or lawful authority for the purpose of prosecution or punishment of a person who willfully disobeys any direction or ord...
48Power to dispense with the requirement of the regulations
EveryBench shall have power, for reasons to be recorded in writing, to dispense with the requirements of any of these regulations, subject to such terms and c...
49Preparation of paper book
The Bench Officer, if it so deemed fit, may call upon the parties to prepare a paper book after completion of the pleading....
50Dress for the member, for the authorised representatives and for the parties in person
1.     For the members – The dress for the members will be suit with a tie or buttoned-up coat over a pant.2.     For the authorised representatives – An a...
Annexure 1States/Union Territories Falling Under Each Region
States/Union Territories Falling Under Each Region
(See Regulation 7(2))1.Eastern RegionStates of Arunachal Pradesh, Assam, Bihar, Manipur, Meghalaya, Nagaland, Orissa,, Sikkim, Tripura, West Bengal and Un...
Annexure IIForms
Form No. 1
(See Regulation 13 and 14)where applicable )(where applicable )(State the name and registered office address of the company)(state the name and address of th...
Form No. 2
(See Regulation 17)Misc. Application No…………………………. of …………………….InOriginal Petition No. ………………………….of ……………………..XXX …. Applicant (Applicant/ Respondent)versu...
Form No. 3
State the name and address of the persons who should be given opportunity of being heard in disposing of this reference.(Note: Please enclose as many additi...
Form No. 4
See Regulation 37)AND      i.        Name and address of the Depositor-applicant:     ii.        Name of the company and address of its Registered Office:...
Form No. 5
ee regulation 18(3))ToThe Bench Officer,Company Law Board, ……………. Bench,In the mater of …………. Petitioner.V.………………..Respondent (C.P. NO. ………of 199………)Sir, Ple...
Annexure-IIIDocuments to be Attached with a Petition
Documents to be Attached with a Petition
(See Regulations 18 and 34)1.17(2)Petition for confirming alteration in Memorandum of Association as to change of place of the registered office from one...
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