55 ANNUAL REPORT

th
on the

Working & Administration of the Companies Act, 1956 Year Ended March, 2011

Government of India Ministry of Corporate Affairs New Delhi

The Report has been prepared in pursuance of Section 638 of the Companies Act, 1956, which lays down that the Central Government shall cause a general Annual Report on the Working and Administration of the Act to be prepared and laid before both Houses of Parliament within one year of the close of the year to which the Report relates. It covers the period from April 1, 2010 to March 31, 2011.

New Delhi

CONTENTS

CHAPTER
CHAPTER I General Review CHAPTER II Review of Corporate Sector CHAPTER III Applications and Documents received under different Sections of the Companies Act, 1956 CHAPTER IV Corporate Management CHAPTER V Inspections, Investigations, Prospecutions, Oppression & Mismanagement, Cost Audit, Investors Education and Protection Fund, Investor Protection and Vanishing Companies

PAGE No.
1 14

15 26

27 42

43 44

45 59

CHAPTER VI 61 Liquidation of Companies CHAPTER VII Mobilization of Funds by the Corporate Sector 63 72

CHAPTER VIII 73 Financial Aggregates of Corporate Sector Appendix Statistical Statements (I to XXIV) 77 100

Chapter I General Review

Ministry of Corporate Affairs
This Report relates to the 55th year of the Working & Administration of the Companies Act, 1956, namely, the financial year ending 31st March, 2011.

Organisational set-up1
1.2.1 The Ministry has a three tier organisational set-up for administration of the Companies Act, 1956 namely, the Secretariat at New Delhi, the Regional Directors at Mumbai, Kolkata, Chennai, Noida (U.P.), Ahmedabad and Hyderabad and offices of Registrars of Companies (ROCs) in States and Union Territories. Offices of the Official Liquidators who are attached to various High Courts functioning in the country are also under the overall administrative control of the Ministry . A brief description of the above offices/establishments is given in the following paragraphs.

Introduction
1.1 The Ministry of Corporate Affairs administers several statutes relating to the corporate sector including The Companies Act, 1956. Besides, it also administers the following Acts: i) ii) iii) iv) v) vi) vii) The Chartered Accountants Act, 1949 The Cost and Works Accountants Act, 1959 The Company Secretaries Act, 1980 The Partnership Act, 1932 The Societies Registration Act, 1860 The Companies (Donation to National Fund) Act, 1951 The Competition Act, 2002 as amended by Competition (Amendment) Act, 2009

A. Headquarters
1.2.2 The set-up at the Headquarters includes Secretary, one Additional Secretary, three Joint Secretaries, an Economic Adviser, one Cost Adviser, two Directors of Inspection and Investigation and other officials having expertise on legal, accounting, economic and statistical matters.

B.

Regional Directors

viii) Limited Liability Partnership (LLP) Act, 2008.

1.2.3 The Regional Directors are in-charge of the respective regions, each region comprising

The position depicted in this report relates to 31.03.2011. For details of subsequent re-organisation of offices under the Ministry, please refer to the Annual Report of the Ministry, 2011-12.

a number of States and Union Territories. They supervise the working of the offices of the Registrars of Companies and the Official Liquidators working in their regions. They also maintain liaison between the respective State Governments and the Central Government in matters relating to the administration of the Companies Act, 1956. Certain powers of the Central Government under the Companies Act have been delegated to the Regional Directors. They have also been declared as Heads of Department. There is an Inspection Unit attached to the office of every Regional Director for carrying out the inspection of the books of accounts of companies under Section 209A of the Companies Act, 1956.

are attached to various jurisdictional High Courts. The Official Liquidators are under the administrative charge of the respective Regional Directors, who supervise their functioning on behalf of the Central Government. In the conduct of winding-up of affairs of the companies, however, Official Liquidators act under the directions and supervision of the High Courts. At the same time, the Central Government have the responsibility, under Section 463 of the Companies Act, 1956, of exercising overall control over the Official Liquidators to ensure that they faithfully perform their duties and duly observe all the requirements imposed on them under the Act or the Rules there-under. 1.2.6 The duties and powers of the Official Liquidator as laid down in section 457 of the Companies Act, 1956 are mainly of filing of claims against the debtors for realization of the debts due to the company, sale of movable and immovable assets of the company taken possession by the Official Liquidator, instituting criminal complaints and misfeasance proceedings against the former Directors of the company for their acts and omissions and breach of trust, invitation of claims from the creditors, adjudication of claims and settlement of list of creditors, payment to creditors by way of dividend and settlement of list of contributories wherever necessary and payment of return of capital where the companys assets exceeded its liability and finally dissolve the company under section 481 of the Companies Act,1956.

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C.

Registrars of Companies

1.2.4 Registrars of Companies (ROCs) appointed under Section 609 of the Companies Act, 1956 covering various States and Union Territories are vested with the primary duty of registering companies floated in the respective States and the Union Territories and ensuring that such companies comply with statutory requirements under the Act. These offices function as registry of records relating to the companies registered with them, which are available for inspection by members of the public on payment of the prescribed fee. The Central Government exercises administrative control over these offices through the respective Regional Directors.

D.

Official Liquidators

Company Law Board

1.3.1 The Central Government in terms of Section 10(E) of the Companies Act, 1956 constituted an independent Company Law

1.2.5 The Official Liquidators are officers appointed by the Central Government under Section 448 of the Companies Act, 1956 and
2

Board (CLB) vide Notification No. 364 dated the 31st May, 1991. The CLB is a quasijudicial body, exercising equitable jurisdiction, which was earlier being exercised by the High Court or the Central Government. The Board has powers to regulate its own procedures. The Company Law Board has framed Company Law Board Regulations 1991 prescribing the procedure for filing the applications/petitions before it. The Central Government has also prescribed the fees for making applications/ petitions before the Company Law Board, under the Company Law Board (Fees on applications and Petitions) Rules 1991. 1.3.2 The Board has its Principal Bench at New Delhi, and four Regional Benches located at New Delhi, Mumbai, Kolkata and Chennai. From 1st April 2008 onwards the matter falling under sections 247, 250, 269, 388B of the Companies Act, 1956 are being dealt with by the Principal Bench. The matter falling under sections 17, 18, 19, 58AA, 79/80A, 111/111A, 113/113A, 117, 117C, 118, 141, 144, 163, 167, 186, 196, 219, 235, 237(b), 284, 304, 397/398, 408, 409, 614 and 621A of the Companies Act, 1956 and section 45QA of the Reserve Bank of India Act, 1934 are being dealt with by Regional Benches consisting of one or more members each. The matters pending before the Principal Bench and Additional Principal Bench as on 1st April 2008 shall continue to be disposed off in the name of Principal Bench and Additional Principal Bench respectively. In case a company fails to comply with the directions contained in the Orders so passed by the Company Law Board, application under section 634A of the Companies Act, 1956 for enforcing the orders are entertained.

1.3.3 In terms of Section 10F of the Companies Act, any person aggrieved by any decision or order of the Company Law Board may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Company Law Board to him on any question of law arising out of such order. 1.3.4 The constitution of the Company Law Board as on 31st March, 2011, is as follows:1. 2. Honble Shri Justice Dilip Raosaheb Deshmukh, Chairman. Smt. Vimla Yadav, Member (Technical), CLB, Regional Bench, New Delhi.

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3. Shri Kanthi Narahari, Member (Judicial), CLB, Regional Bench, Mumbai. 4. Smt. Lizamma Augustine, Member (Judicial), CLB, Regional Bench, Chennai. Shri B.S.V. Prakash Kumar, Member (Judicial), CLB, Regional Bench, Kolkata. Shri R. Vasudevan, Member (Technical) CLB, New Delhi (Under Suspension).

5.

6.

1.3.5 During the period from 1st April 2010 to 31st March 2011, 13975 petitions/applications were considered under various sections of the Companies Act, 1956 by Company Law Board. Out of 13975 petitions/applications, 9757 Petitions/applications were disposed off under sections 17, 18, 19, 79/80A, 111/111A, 113/113A, 117C, 141, 144, 163, 167, 169, 186, 196, 219, 235, 237(b), 284, 304, 397/398, etc. of the Companies Act, 1956, 2179 cases
3

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were compounded under section 621A of the Companies Act, 1956, 2039 applications were disposed of u/s 58A (9) of the Companies Act, 1956 and 45 QA of the RBI Act, 1934. 1.3.6 Taking into consideration the hardships being faced by the small and needy depositors who have deposited the amount in fixed deposits with the companies which are not refunding the same as per the promise given by them at the time of taking the said amount in deposits, the Company Law Board has constituted 19 Hardship Committees. 1.3.7 Hardship Committee Meetings are being held in CLB, New Delhi to consider application for refund of deposit on hardship grounds in respect of 8 companies. During the period from 1.4.2010 to 31.03.2011 a sum of Rs. 1,10,90,255/- approx has been disbursed to 703 depositors. Payment of deposits to the small and needy depositors has been expedited.

1.3.8 Payment to fixed deposit holders of M/s. Pure Drinks (New Delhi) Ltd., is being made by Company Law Board in compliance with the order passed by Honble High Court of Punjab & Haryana. During 1st April 2010 to 31st March 2011, a sum of Rs. 31,30,375/has been paid to 404 depositors as Principal Amount of fixed deposits and 8,44,987/- has been paid as interest to 134 depositors of Pure Drinks (New Delhi) Ltd. 1.3.9 During 01.04.2010 to 31.03.2011 filing fees received by the CLB is Rs. 54,56,633/- and compounding fees realized as on 31.03.2011 is Rs. 2,89,42,000/-. 1.3.10 The details of petitions/applications received and disposed of by the Company Law Board including all the Regional Benches during the period from 1.04.2010 to 31.03.2011 is given in Table 1.1.

Table 1.1 Consolidated Statement of Petitions/ Applications received, disposed of and pending during the period from 1.4.2010 to 31.3.2011
Composition of Bench & Section (1) Sec. 17 Sec. 18/19 Sec. 45QA of RBI Act. Sec. 58A(9) Sec. 58AA(1) Sec. 79/80A Sec. 113/113(3) Sec. 117 Sec. 117 C Sec. 118 Sec. 141 Sec. 144 Sec. 163 Sec. 167 Sec. 169 Sec. 186 Sec. 196 Sec. 219 Sec. 284 Sec. 304 Sec. 307 Sec. 614 Sec. 621A Sec. 111 Sec. 634 A Sec. 235 Sec. 237 (b) Sec. 284 (4) Sec. 397/398 Sec. 408 Sec. 409 Sec. 247/250 Sec. 269 Sec. 388 B Interlocutory Applications Misc. Applications Grand Total Opening Balance as on 1.4.2010 (2) 127 10 29 1943 8 4 9 0 181 0 158 0 8 12 0 7 3 2 11 0 0 3 809 197 2 3 11 5 919 4 0 10 0 3 0 71 4549 Received during the year (3) 1430 61 1 256 0 1 37 0 0 0 6489 0 75 17 1 4 2 2 5 0 0 5 1821 79 6 4 6 0 384 0 1 5 0 0 772 626 12090 5 Total (Col. 2 & 3) (4) 1557 71 30 2199 8 5 46 0 181 0 6647 0 83 29 1 11 5 4 16 0 0 8 2630 276 8 7 17 5 1303 4 1 15 0 3 772 697 16639 Disposed of during the year (5) 1381 63 26 2005 8 3 32 0 108 0 6379 0 66 18 1 8 5 4 9 0 0 4 2179 117 1 0 1 5 263 0 0 1 0 0 772 516 13975 Pending as on 31.3.2011 (6) 176 8 4 194 0 2 14 0 73 0 268 0 17 11 0 3 0 0 7 0 0 4 451 159 7 7 16 0 1040 4 1 14 0 3 0 181 2664

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Petitions/Applications considered and disposed of by the Company Law Board during the years 2008-09, 2009-10 and 2010-11 Year (1) 2008-09 2009-10 2010-11 (2) 11928 16106 16639 No. of Petitions/ Applications Considered Disposed of (3) 9058 11557 13975

E-Governance in Administration

Company

Law

1.4.1 With a view to enhance efficiency in delivery of services and move towards electronic corporate governance, the Ministry of Corporate Affairs has implemented the MCA21 e-Governance Project. It is a holistic initiative offering 100 plus MCA services through a single portal. All registry related services, such as Name Availability, Incorporation of
6

company, Filing of all annual statutory returns, Registration, modification and satisfaction of charges, Statutory filings related to all events as stipulated in the Companies Act (with the exception of matters related to liquidation), Inspection of documents, Issue of certified copies, Approvals from Regional Director, Approvals from the Central Government and Investor complaints are introduced through electronic filing and offered through a secure portal. The portal services can be accessed/

availed from anywhere, at any time that best suits the corporate entities, professionals and the public at large.

to introduce other modes of payments like net banking & challan, as in MCA21. 1.4.4 In the interest of stakeholders, with a view to improving service delivery time, Ministry has decided to accept payments of value upto Rs. 50,000 for MCA21 services, only in electronic mode w.e.f. 27th March, 2011. For the payments of value above Rs. 50,000, stakeholders would have the option to either make the payment in electronic mode, or paper challan. However such payments would also be made in electronic mode w.e.f. 1st October, 2011. 1.4.5 During the year 2010-11, a number of initiatives were taken towards easier e-reporting of activities including those of Corporate Social Responsibility by companies. Six e-forms were revised and a new e-form CSR was introduced for voluntary reporting of Corporate Social Responsibility. 1.4.6 Operation of the system was switched over from the Data Centre in Delhi to the Disaster Recovery Centre in Chennai to establish that the disaster recovery centre is fully geared to handle full MCA21 processing in case of a disaster. 1.4.7 Following operational statistics bring out the stability in the system, increased volume of filings and improved compliance:

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MCA21 E-Governance Project

1.4.2 The Ministry of Corporate Affairs has implemented MCA21 e-Governance Project. It is one of the Mission Mode Projects of the Government of India under the National e-Governance Plan. The project envisages easy and secure online access to all registry related services provided by the MCA, including registration and filling of documents throughout the country for all the corporate and other stakeholders at any time and in a manner that best suits them and in a manner that best suits them. This has enabled the stakeholders to make payment of stamp duty on MCA21 portal itself. E-stamping has been introduced in MCA21 portal w.e.f. 9th September, 2009. The revenue collected by way of stamp duty is remitted to RBI at the end of the week and the RBI remit the same to respective States Government within a day time. 1.4.3 E-Governance system for LLP was made operational on 1st April, 2009. The system was designed and developed by NIC. All e Forms are available for filing by users. Payment via credit card is also enabled. Currently there are 4314 LLPs registered as on 31st March, 2011 including conversion from companies & firms. 15415 DPINS are allocated. It is planned

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Sl. No. (1) 1. 2. 3. 4. 5. 6. 7. 8. 9.

Description (Filing Status as on 31st March, 2011) (2) Average portal hits per day Total filings through the system till 31st March, 2011 Number of Companies registered online Total DIN issued till date Company records viewed online Number of Balance Sheets filed Number of Annual Returns filed Number of E-Stamping transaction up to 31st March, 2011 Amount of E-Stamping collected up to 31st March, 2011

Number (3) 40 Lakh 125.04 Lakh 3,35,332 19.83 Lakh 15.33 Lakh 20.77 Lakh 20.82 Lakh 154814 23509.89 Lakh

Revision of Companies Act and other related Legislations

Comprehensive revision of the Companies Act, 1956: 1.5.1 Keeping in view the developments taking place nationally as well as internationality and with a view to modernize the structure for corporate regulation in India and represent a major reform statement by the Government to promote the development of the Indian corporate section through enlightened regulation, a decision was taken to revise the existing Companies Act, 1956 comprehensively. 1.5.2 Various Stakeholders viz. Industry Chambers, Professional Institutes, Government Departments, legal Experts and Professional etc. consulted in the process and accordingly, the Companies Bill, 2009 was introduced in the Lok Sabha on 3rd August, 2009 and was referred to Honble Parliamentary Standing Committee
8

on Finance for examination and report, which submitted its report to the Parliament on 31st August, 2010. 1.5.3 Keeping in view the recommendations made by the Standing Committee and consultation with various Government Ministry/ Department etc. a revised Companies Bill, 2011 was prepared in consultation with Legislative Department which was approved by the Cabinet on 24th November, 2011. The Companies Bill, 2009, pending in Lok Sabha, has been withdrawn and revised Companies Bill, 2011 introduced in the Lok Sabha on 14th December, 2011. The Companies Bill, 2011 is available on the website of the Ministry.

Legal framework for Limited Liability Partnership (LLP):

1.6.1 The Limited Liability Partnership (LLP) Act, 2008 was enacted in the year 2009 to make provisions of limited liability partnerships and for matter connected therewith or incidental

thereto. The Limited Liability Partnership rules, 2009 have been notified on 1st April, 2009. The provisions relating to conversion of partnership firms, private company and unlisted public company into LLP came into effect from 31st May 2009. The Limited Liability Partnership (LLP) is a new corporate form that enables professional expertise and entrepreneurial initiative to combine, organize and operate in an innovative and efficient manner. There has been only one amendment in LLP Rules during the year which specifies modification in Form10. Ministry of Corporate Affairs has setup a single central Registry at Delhi for registration of LLP and filing of further returns with Registrar LLP online on its website namely, www.llp.gov.in on 1st April, 2009.

to elicit information in accordance with the provisions of the Companies Act, 1956.

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Convergence of Accounting Standards with International Financial Reporting Standards (IFRS)

1.8.1 Accounting Standards are policy documents relating to various aspects of measurement, treatment, presentation and disclosure of accounting transactions and events. The purpose of Accounting Standards is to standardise diverse accounting practices with a view to facilitate comparability of financial statements. The objective is to provide a set of standard accounting policies which are in conformity with generally accepted principles and policies. 1.8.2 Pursuant to the provision of section 211 (3C) of the Companies Act, 1956, the Companies (Accounting Standards) Rules, 2006 were notified in the Gazette of India dated 7th December, 2006. As on 31st March, 2011, 28 Accounting Standards have been notified. Every company registered under the Companies Act, 1956 is required to comply with these Accounting Standards. 1.8.3 International Financial Reporting Standards (IFRSs) are considered a principles based set of standards in which they establish broad rules as well as dictate specific treatments. There is also a Framework for the Preparation and Presentation of Financial Statements which describes some of the principles underlying IFRSs. The objective of financial statements is to provide information about the financial position, performance and changes in the financial position of an entity that is useful to
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Revision of Forms prescribed under various rules of the Companies Act, 1956
1.7.1 On the basis of the suggestions received and inhouse examination of Forms prescribed under Companies (Central Governments) General Rules & Forms 1956 in the Ministry, a review was undertaken to revise the existing forms which would bring further improvement and enhancement in service delivery under MCA-21 e-Governance Project. Four forms, namely, Form 1, Form 32, Form DIN 1 & DIN 3 were undertaken for revision and implemented in the system for use by the stakeholders. The objectives of the revision of aforesaid Forms were to make the filing easier and more clarificatory to the users, to make the back office processing of e-forms easier for prompt response to the user and to bring further improvement in the e-forms by changing/adding or deleting fields therein

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a wide range of users for making economic decisions, and to provide the current financial status of the entity to its shareholders and public in general. 1.8.4 India has adopted policy of convergence with IFRSs keeping in view the requirements of change and transition necessary to be followed by Indian companies and regulatory bodies. Therefore, the initiative for harmonization of Indian Accounting Standards with the IFRSs has been taken up with the intention of achieving convergence with IFRSs by 2011. India has decided to apply converged Indian Accounting Standards in phases for different categories of companies (depending on specified criteria) starting on 1st April, 2011. 1.8.5 The application of the Converged Indian Accounting Standard (Ind AS) for companies including Insurance Companies, Banking Companies and non Banking companies shall

follow the converged Indian Accounting Standard as and when the notification to be issued giving the effective date of enforcement. 1.8.6 National Advisory Committee on Accounting Standards (NACAS) has recommended 35 Indian Accounting Standards [Ind-ASs] and the revised Schedule VI to the Ministry for further processing and notification. A Technical Committee has been constituted in the Ministry to examine them. It has finalized revised Schedule VI and 35 Indian Accounting Standards with certain changes as decided by the Technical Committee.

NOTIFICATIONS, GENERAL CIRCULARS AND PRESS NOTES

1.9 During the period from 1st April, 2010 to 31st March, 2011, the following Notifications, General Circular and Press Notes were issued:-

NOTIFICATIONS :-
Sl. Notification No. Number 1. S.O. 913(E) Date 22.04.2010 Subject Notification for nomination of Shri Amarjit Chopra, President ICAI in place of Shri Uttam Prakash Aggarwal, President ICAI. Authorization to the Officers in SFIO u/s 621(1) of the Companies Act, 1956 for the process of filing and conducting prosecution. Delegation of power of Central Government u/s 637(1) of the Companies Act, 1956 to Director SFIO in respect of section 240, of those cases wherein the Central Government appoints officers of SFIO as inspectors to investigate into the affairs of a company u/s 235 & 237 of the Act.

2.

GSR-475 (E)

07.06.2010

3.

S.O.-1548(E)

25.06.2010

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Sl. Notification No. Number 4. S.O. 1679(E) 5. GSR-601(E)

Date 14.07.2010 16.07.2010

Subject Notification for extension of term of NACAS from 21st July, 2010 to 20th August, 2010. Prohibition on appointment of Sole Selling Agents for sale of bulk drugs, drugs and formulations u/s 294 AA(1) of the Companies Act, 1956. Notification for extension of term of NACAS from 20th August, 2010 to 21st November, 2010. Amendment in the Companies (Central Governments) General Rules and Forms, 1956, - Revision of Form No.1 and Form No. 32. Amendment in the Companies (Director Identification Number) Rules, 2006 (Amendment) 2010- Revision of Form DIN 1 and Form DIN- 3. Amendment to Companies Regulations, 1956 with regard to jurisdiction of the Regional Directors. Authorizations to the officers in SFIO u/s 621 of the Companies Act, 1956 for the purpose of filing and conducting prosecution. Amendment in Form 10 of LLP Rules,10. Notification for extention of term of NACAS from 21st November,2010 to 21st January, 2011-11. Appointment of National Advisory Committee on Accounting Standards. Exemption under Section 211 of Companies Act,1956. Exemption under Section 211 of Companies Act,1956 Amendments in Schedule XIII to the Companies Act 1956. Amendment in Companies (Central Governments) General Rules and Forms,1956. Corrigendum to Notification GSR 112(E) dated 25th February,2011. Amendment in the notification number, SRO dated 7th January,1957. Delegation of powers and functions to Regional Directors on selective provisions.

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6. 7.

S.O.2392(E) GSR-848(E)

29.09.2010 15.10.2010

8.

GSR-849(E)

15.10.2010

9.

GSR-866(E)

29.10.2010 29.10.2010

10. GSR-867(E)

11. GSR-914(E) 12. S.O.2926(E) 13. S.O.107(E) 14. S.O.300(E) 15. S.O.301(E) 16. GSR 70(E) 17. G.S.R. 78(E) 18. G.S.R.196(E) 19. S.O.591(E) 20. G.S.R. 223(E)

15.11.2010 10.12.2010 19.01.2011 08.02.2011 08.02.2011 08.02.2011 10.02.2011 08.03.2011 18.03.2011 18.03.2011

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Sl. Notification No. Number 21. G.S.R. 222(E) 22. G.S.R. 258(E) 23. G.S.R. 259(E)

Date 18.03.2011 26.03.2011 26.03.2011

Subject Delegation of powers and functions Registrars of Companies on selective provisions. Amendment in Companies (Director Identification Number) Rules,2011. Amendment in Companies (Central Governments) general Rules & Forms (Amendment) Rules,2011(Form)61. Amendment to Schedule VI. Amendment to paragraph 2 of Notification No. S.O. 447(E) dated 28.2.2011 regarding Scheduled VI. Amendment in Companies (Particulars of Employees) Rules,1975.

24. S.O. 447(E) 25. S.O. 653(E) 26. G.S.R. 289(E)

28.02.2011 30.03.2011 31.03.2011

GENERAL CIRCULARS:Sl. No. 1. 2. 3. 4. 5. 6. 7. 8. Circular Number 1/2010 2/2010 3/2010 4/2010 5/2010 6/2010 1/2011 2/2011 Date 26.05.2010 26.05.2010 10.08.2010 22.11.2010 22.11.2011 03.12.2010 03.02.2011 08.02.2011 21.02.2011 04.03.2011 04.03.2011 08.03.2011 Subject Company Law Settlement Scheme, 2010. Easy Exit Scheme, 2010. Clarification on Easy Exit Scheme, 2010. Change in additional fee to be levied for delay I filing forms. Reopening/ revision of annual accounts after their adoption in the AGM. Easy Exit Scheme,2010. Extention of EES,2011. Direction u/s 212(8) of Companies Act,1956 (Exemption matter). Clarification to Circular No. 2/2011. Clarification regarding payment to Non-Whole Time Director within 1% or 3% of profit in addition to sitting fee. DIN Process (simplified). Process of incorporation of companies ( Form 1) and Establishment of Principal Place of business in India by Foreign Companies (Form 44) Procedure simplified. Payment of MCA Fees Electronic Mode. Easy Exit Scheme,2011. Prosecution of Directors. Filing of Balance Sheet in XBRL mode.
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9. 3/2011 10. 4/2011 11. 5/2011 12. 6/2011

13. 14. 15. 16.

7/2011 7A/2011 8/2011 9/2011

09.03.2011 11.03.2011 25.03.2011 31.03.2011

PRESS NOTES:Sl. Press Note Date No. Number 1. 04/2009 04.05.2010 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 05/2010 06/2010 07/2010 08A/2010 08/2010 01/2011 02/2011 03/2011 04/2011 05/2011 06/2011 07/2011 28.05.2010 28.05.2010 27.07.2010 04.11.2010 22.11.2010 04.02.2011 08.02.2011 08.02.2011 08.02.2011 08.02.2011 15.02.2011 15.02.2011 Subject Convergence of Indian Accounting Standards with International Financial Reporting Standards (IFRS). Company Law Settlement Scheme, 2010. Easy exit Scheme,2011. MOU on convergence between India and Japan. Tax Implications of Converged Accounting Standards. Change in additional fee to be levied for delay in filing forms. Extension of ESS 2011. General Exemption under section 211. Direction under Section 212. Managerial Remuneration in unlisted companies having no profit/inadequate profits. General Exemption u/s 211. Clarification regarding investigation into telecom companies. IFRS the Companies Act from Sections 235 to 247 of the Companies Act, 1956. 1.10.3 SFIO takes up investigation of corporate frauds characterized by (a) complexity, and having inter-departmental and multi-disciplinary ramifications, (b) substantial involvement of public interest to be judged by size, either in terms of monetary misappropriation, or in terms of persons affected; and (c) the possibility of investigations leading to, or contributing towards, a clear improvement in systems, laws or procedures. 1.10.4 SFIO is headed by a Director as Head of Department. He is of the rank of Joint Secretary to the Government of India. The Director is assisted by Additional Directors, Joint Directors, Sr. Assistant Directors and Assistant
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Serious Fraud Investigation Office (SFIO)

1.10.1 Serious Fraud Investigation Office (SFIO) has been set up by the Government of India in the Ministry of Corporate Affairs by way of a resolution dated 2nd July, 2003 after it was approved by the Cabinet vide its note dated 9th January, 2003. This office was set up to investigate corporate frauds of serious and complex nature. 1.10.2 The SFIO is a multi-disciplinary Investigating Agency, wherein experts from banking sector, capital market, company law, general law, forensic audit, taxation, information technology etc. work together to unravel a corporate fraud. At present, SFIO is carrying out investigation under provisions of

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Directors, who form teams for investigation of a case. The Head Office of SFIO is at Delhi and there is one Branch Office in Mumbai.

Revenue Receipts & Expenditure: 2006-07 to 2010-11

1.12 The Revenue Receipts and Actual Expenditure incurred under the Companies Act, 1956 during the last five years are indicated below:

National Company Law Tribunal (NCLT)/National Company Law Appellate Tribunal (NCLAT)
1.11 The National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) have not been constituted as yet since the Companies (Second Amendment) Act, 2002 relating to setting up of the NCLT/ NCLAT faced a legal challenge and the matter was sub judice on account of a Special Leave Petition (SLP) filed by the Central Government in Supreme Court, following a ruling by the Madras High Court in the Matter. The Companies Bill, 2011 has been drafted in line with the judgment dated 11th May, 2010 of the Constitution Bench of the Honble Supreme Court.

Revenue Receipts and Expenditure during 2006-07 to 2010-11

Year (1) 2006-07 2007-08 2008-09 2009-10* 2010-11** * Revised ** Provisional Revenue Receipts (Rs. crore) (2) 1038.19 1304.17 1231.78 1235.35 1493.45 Expenditure (Rs. crore) (3) 122.19 111.49 205.47 223.15 271.66

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Chapter II Review of Corporate Sector

2.1 Growth of the Corporate Sector in terms of registration of new companies in different categories, companies at work, liquidation of companies and data on foreign companies during the year 2010-11 is reviewed in this chapter. profit. The number of new companies registered during the year was equivalent to 12.7 per cent of the companies at work as on 31.3.2011. The authorised capital of 91637 companies with liability limited by shares registered during the year aggregated to Rs. 68,916.98 crore. 2.2.2 Of the 91637 companies with liability limited by shares registered during the year, 3036 were public limited companies with an authorised capital of Rs.41074.98 crore and 88601 were private limited companies with an aggregate authorised capital of Rs.27842.00 crore. Table 2.1 sets out the pattern of registration of new companies during the year 2010-11. Region/State-wise distribution of companies limited by shares registered during the year 2010-11 is given in Statement-I (Appendix).

Company registration
2.2.1 During the year 2010-11, 91861 companies were incorporated under the Companies Act, 1956. These include 51 Government companies with liability limited by shares, 91586 Non-Government companies with liability limited by shares, 27 non-Government companies with unlimited liability, one (1) Government company with liability limited by guarantee and associations not for profit and 196 Non-Government companies with liability limited by guarantee and associations not for

Table 2.1 Companies registered during the year 2010-11

Government Non-Government Total No. of Authorised No. of Authorised No. of Authorised Companies Capital Companies Capital Companies Capital (Rs. Crore) (Rs. Crore) (Rs. Crore) (1) (2) (3) (4) (5) (6) (7) 1. Liability limited by Shares (i) Public Limited 38 28399.50 2998 12675.48 3036 41074.98 (ii) Private Limited 13 258.12 88588 27583.88 88601 27842.00 Sub-Total 51 28657.62 91586 40259.36 91637 68916.98 2. Unlimited Liability 0 0.00 27 9.13 27 9.13 3. Liability limited by 1 0.00 196 10.31 197 10.31 Guarantee and Associations not for profit Total 52 28657.62 91809 40278.80 91861 68936.42
15

Type of Company

2.2.3 Industrial Activitywise distribution of companies registered during the year 2010-11

is indicated in Table 2.2 below:

Table 2.2 Registration of New Companies Limited by Shares during the year 2010-11: (Distribution by Industrial Activity wise)
CHAPTER II

Sl. No.

Industrial Classification

(1) (2) 1 Agriculture and Allied Activities 2 Mining and quarrying 3 Manufacturing 4 Electricity, Gas and water Companies 5 Construction 6 Trade, Hotels and Restaurants 7 Transport, Storage and Communication 8 Finance, Insurance, Real Estate & Business Services 9 Community, Personal and Social Services 10 Unclassified Total

Public Limited Private Limited Total No. of Authorised No. of Authorised No. of Authorised Companies Capital Companies Capital Companies Capital (Rs. (Rs. Crore) (Rs. Crore) Crore) (3) (4) (5) (6) (7) (8) 250 171.31 2008 407.06 2258 578.37 32 614 208 452 244 73 986 53.20 5031.90 28303.51 3795.88 172.11 389.75 2789.46 1194 14187 2026 10042 18035 2759 32153 471.11 7325.99 5607.18 2501.58 2310.95 2118.19 5980.09 1226 14801 2234 10494 18279 2832 33139 524.31 12357.89 33910.69 6297.46 2483.06 2507.94 8769.55

177

367.86

6197

1119.85

6374

1487.71

0 3036

0.00 41074.98

0 88601

0.00 27842.00

0 91637

0.00 68916.98

Activity -wise Distribution of Newly Registered Companies (2010-11)

16

2.2.4 The number of companies with liability limited by shares registered during the last five years from 2006-07 to 2010-11 is given in Table 2.3. This shows that the number of

new companies with liability limited by shares registered during the year 2010-11 was higher by 35.62 percent over the new companies registered during the previous year.
CHAPTER II

Table 2.3 Registration of New Companies Limited by Shares during the years 2006-07 to 2010-11
Year Public Limited Private Limited Total Authorised Capital (Rs. Crore)) (7) 72510.90 75208.37 30627.89 41796.83 68916.98

No. of Authorised No. of Authorised No. of Companies Capital Companies Capital Companies (Rs. Crore) (Rs. Crore) (1) 2006-07 2007-08 2008-09 2009-10 2010-11 (2) 1950 2597 2396 2031 3036 (3) 47297.45 32768.73 10985.64 25960.49 41074.98 (4) 49758 62762 62186 65539 88601 (5) 25213.45 42439.64 19642.25 15836.34 27842.00 (6) 51708 65359 64582 67570 91637

17

Companies at work
2.3.1 There were a total of 721719

companies at work as on 31st March, 2011, as summarised in Table 2.4 below.

Table 2.4 Companies at work as on 31st March, 2011

CHAPTER II

Sl. No. (1) I.

Type of Company (2)

Number of Companies (3)

II. III.

IV.

Companies Limited by Shares (as defined under Section 3(1)(iii) and (iv) of the Companies Act,1956) (a) Government Companies (i) Public Limited (ii) Private Limited Sub-Total (a) (b) Non-Government Companies (i) Public Limited (ii) Private Limited Sub-Total (b) Total (a+b) Companies with Unlimited Liability(as defined u/s 32 of the Companies Act,1956) Companies limited by Guarantee and Associations not for profit (as defined u/s 25 of the Companies Act,1956) Foreign Companies (as defined under Section 591 of the Companies Act) Grand Total

988 328 1316 58658 654581 713239 714555 * 437 ** 3600 ***

3127 721719

* Excludes 170313 dormant companies. ** Exclude 229 dormant companies. *** Excludes 3858 dormant companies.

2.3.2 State-wise and Industrial Activity-wise distribution of companies limited by shares at work as on 31st March, 2011 is given in statements V to X (Appendix) respectively.

Long Term Trends

2.4.1 Statement XI (Appendix) gives the data on growth of the corporate sector by
18

various categories of companies at work during operation of the Companies Act, 1956 i.e. the years 1956-57 to 2010-11. It will be observed that the companies limited by shares have recorded a phenomenal growth. The number of such companies at work increased by 24.3 times from 29357 at the end of 195657 to 714555 (excluding 170313 dormant companies) at the end of 2010-11.

2.4.2 Unlike companies limited by shares, the companies limited by Guarantee and Associations not for profit at work in the country have not shown much variation in their number over the period. Their number at the end of 1956-57 was 1364 which increased to 3600 (excluding 3858 dormant companies) at the end of 2010-11. 2.4.3 The first company with unlimited liability was registered in 1973-74. The number of such companies at the end of 2010-11 were 437 (excluding 229 dormant companies). 2.4.4 Besides the companies registered under the Companies Act, 1956 there are Branches of Foreign companies, as defined under Section 591 of the Companies Act, operating in the country. The number of Branches of Foreign companies operating in the country, which was 551 at the end of 1956-57 remained almost

constant till 1974-75. Thereafter, the number of Branches of Foreign companies recorded gradual decline till the end of 1980-81 when it touched as low as 300 branches. The number has steadily increased since then and as on 31.3.2011, stood at 3127.

CHAPTER II

GOVERNMENT COMPANIES Registration of New Companies:

2.5.1 During the year 2010-11, 51 Government companies were registered with an authorised capital of Rs. 28657.62 crore. State-wise distribution of Government companies limited by shares registered during the year 2010-11 is given in Statement II (Appendix). 2.5.2 Table 2.5 shows trend in registration of Government companies during the last five years.

Table 2.5 Year-wise Registration of New Government Companies (2006-07 to 2010-11)

Year Public Limited Private Limited Total

No. of Authorised No. of Authorised No. of Authorised Companies Capital Companies Capital Companies Capital (Rs. Crore) (Rs. Crore) (Rs. Crore) (1) 2006-07 2007-08 2008-09 2009-10 2010-11 (2) 52 41 64 41 38 (3) 12723.15 1752.81 3813.35 4947.70 28399.50 (4) 64 68 20 20 13 (5) 88.75 167.05 35.88 133.55 258.12 (6) 116 109 84 61 51 (7) 12811.90 1919.86 3849.23 5081.25 28657.62

19

Government companies which ceased to work:

2.6 Twenty-six (26) Government companies were reported to have ceased working during the year 2010-11.

Government companies limited by shares at work as on 31.03.2011 is given in Statement VI (Appendix).

CHAPTER II

NON-GOVERNMENT COMPANIES Registration of New Companies:

2.8 During the year 2010-11, 91586 NonGovernment companies limited by shares were registered in the country with an authorised capital of Rs. 40259.36 crore. Of these, 2998 were Public limited companies with aggregate authorised capital of Rs. 12675.48 crore and 88588 were Private limited companies with aggregate authorised capital of Rs. 27583.88 crore. State-wise distribution of Non-Government companies limited by shares registered during the year 2010-11 is given in Statement III (Appendix). Table 2.6 below indicates the trend in registration of new NonGovernment companies limited by shares during the last five years.

Government companies at work:

2.7 There were 1642 Government companies limited by shares at work in the country as on 31st March, 2010. After taking into account the newly registered companies, conversion between Government and non-Government companies, mergers, amalgamation and liquidation, there were 1316 (excludes 299 dormant companies) Government companies limited by shares at work in the country as on 31st March, 2011. Of these 1316 (excludes 299 dormant companies) companies, 988 (excludes 221 dormant companies) were public limited and 328 (excludes 78 dormant companies) were private limited companies. State-wise distribution of

Table 2.6 Year-wise Registration of Non-Government Companies Limited by Shares (2006-07 to 2010-11) Year Public Limited Private Limited No. of Authorised No. of Authorised Companies Capital Companies Capital (Rs. crore) (Rs. crore) (2) 1898 2556 2332 1990 2998 (3) 34574.30 31015.92 7172.29 21012.79 12675.48 (4) 49694 62694 62166 65519 88588
20

Total No. of Authorised Companies Capital (Rs. crore) (6) 51592 65250 64498 67509 91586 (7) 59699.00 73288.51 26778.66 36715.58 40259.36

(1) 2006-07 2007-08 2008-09 2009-10 2010-11

(5) 25124.70 42272.59 19606.37 15702.79 27583.88

State-wise Distribution:
2.9 Out of 91586 Non-Government companies registered during the year 2010-11, 60218 companies or 65.8 per cent of the total were registered in the 5 States/ Maharashtra, West Bengal, Delhi, Andhra Pradesh and Tamil Nadu. Maharashtra occupied the top position with 16797 new registration (18.3 per cent) followed by West Bengal (18.0 per cent), Delhi (17.0 per cent), Andhra Pradesh (6.3 per cent) and Tamil Nadu (6.1 per cent). The other States and Union Territories together accounted for 31368 registrations of new Non- Government companies.

Industrial Activity Pattern:

2.10 Table 2.7 shows the distribution of Non-Government companies by broad activity classification registered during the year 201011. The largest number of companies registered during the year viz. 33131 companies or 36.2 per cent of the total, belonged to the group Finance, Insurance, Real Estate & Business Services followed by 18277 or 20.0 per cent of the total registered under the group of Trade, Hotels and Restaurants.

CHAPTER II

Table 2.7 Industrial Activity pattern of Non-Government Companies limited by share Registered during 2010-11 S. No. Industrial Classification (1) 1 2 3 4 5 6 7 8 9 10 (2) Agriculture and Allied Activities Mining and quarrying Manufacturing Electricity, Gas and water Companies Construction Trade, Hotels and Restaurants Transport, Storage and Communication Finance, Insurance, Real Estate & Business Services Community, Services Unclassified Total Personal and Social Number of Companies Number (3) 2256 1221 14798 2223 10490 18277 2821 33131 6369 0 91586 Percent (4) 2.46 1.33 16.16 2.43 11.45 19.96 3.08 36.17 6.95 0.00 100.00 Authorised Capital (Rs. Crore) Percent (5) 548.37 413.26 12192.89 7253.49 6277.41 2473.05 2258.79 7439.39 1402.71 0.00 40259.36 (6) 1.36 1.03 30.29 18.02 15.59 6.14 5.61 18.48 3.48 0.00 100.00

21

Non-Government Companies which ceased to work:

2.11 During the year 2010-11, 20049 NonGovernment companies limited by shares were reported to have ceased to work either by going into liquidation or their names having been struck off under Section 560(5) of the

CHAPTER II

Companies Act. The aggregate paid-up capital of these companies was Rs. 2038.94 crore. State/ Region-wise distribution of companies which ceased to work during 2010-11 is shown in Statement IV (Appendix). Table 2.8 shows the details of liquidated and struck off companies during the last five years

Table 2.8 Non-Government Companies which ceased to work from 2006-07 to 2010-11
Liquidations under Companies struck off Total Courts Order No. of Paid-up No. of Paid-up No. of Paid-up No. of Paid-up Companies Capital Companies Capital Companies Capital Companies Capital (Rs. crore) (Rs. crore) (Rs. crore) (Rs. crore) (1) (2) (3) (4) (5) (6) (7) (8) (9) 2006-07 0 0.00 65 394.48 17753 20910.86 17818 21305.34 2007-08 0 0.00 27 15.58 54307 35643.06 54334 35658.64 2008-09 0 0.00 28 11.68 17442 4868.66 17470 4880.34 2009-10 0 0.00 19 3.11 12871 605.28 12890 608.39 2010-11 0 0.00 9 2.30 20040 2036.64 20049 2038.94 Year Voluntary Liquidations

Non-Government Companies Limited by shares at work:

2.12.1 There were 713239 (excludes 170014 dormant companies) Non-Government companies limited by shares at work in the country as on 31st March, 2011. These

comprised 58658 (excludes 21688 dormant companies) Public limited companies and 654581 (excludes 148326 dormant companies) Private limited companies. State-wise distribution of Non-Government companies limited by shares at work as on 31.03.2011 is given in Statement VII (Appendix).

22

Non-Government Companies Limited by shares at work during (1998-2011)

CHAPTER II

Government Companies Unlimited liability

with

2.13 As on 31.03.2011, there were 4 Government companies with unlimited liabilities at work.

Non-Government Companies with Unlimited liability

2.14 During the year 2010-11, 27 Non-

Government companies with unlimited liability were registered. These companies were mainly registered in the state of Delhi (7), Maharastra (7), Karnataka (3) and Uttar Pradesh (3). There were 433 (excludes 229 dormant companies) Non-Government companies with Unlimited Liability at work as on 31.03.2011.Table 2.9 gives state-wise distribution of NonGovernment companies with unlimited liability during 2010-11.

23

Table 2.9 State-wise distribution of Non-Government Companies with Unlimited liability during 2010- 11 Sl. No.
CHAPTER II

State / Union Territory (2) Andhra Pradesh Arunachal Pradesh Bihar Chandigarh Delhi Goa Gujarat Haryana Himachal pradesh Jammu and Kashmir Jharkhand Karnataka Kerala Madhya Pradesh Maharashtra Orissa Puducherry Punjab Rajasthan Tamil Nadu Uttar Pradesh Uttaranchal West Bengal Total

Number of Companies registered during 2010- 11 (3) 0 0 0 0 7 1 0 0 1 2 0 3 1 0 7 0 0 0 0 0 3 1 1 27

Number of Companies at work as on 31.3.2011 (4) 19 1 2 2 99 29 99 5 4 3 1 49 2 5 63 4 1 10 3 6 6 3 17 433 *

(1) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23.

* Excludes 229 dormant companies.

24

Companies with Liability limited by Guarantee and Associations not for profit:
2.15 During the year 2010-11, 197 Guarantee companies and Associations not for profit were registered under the Companies Act, 1956. The total number of Guarantee companies and Associations not for profit at work in the country as on 31.3.2011 was 3600 (excludes 3858 dormant companies).

Foreign Companies:
2.16 As per section 591 of the Companies Act, 1956, foreign companies are those companies which are incorporated outside India but establish a place of business within India. The number of foreign companies which are reported to have place of business in the country as on 31.3.2011 was 3127. Table 2.10 gives the country-wise distribution of such foreign companies as on 31.3.2010 and 31.3.2011. 2.17 Statistical information given above is as generated under MCA21 system.

CHAPTER II

Table 2.10 Distribution of Foreign Companies defined under Section 591 of the Companies Act, 1956 by their country of incorporation as on 31.3.2010 and 31.3.2011 Sl. No. (1) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Singapore United Kingdom Japan Germany Hong Kong France Republic of Korea Australia Netherlands Italy Malaysia Switzerland Country of incorporation of Foreign Companies (2) United States of America Number of Companies as on 31.03.2010 (3) 444 311 235 185 127 104 88 79 61 59 54 46 40 Number of Companies as on 31.03.2011 (4) 448 313 250 183 128 106 90 90 62 60 58 48 45

25

Sl. No. 14. 15.

CHAPTER II

Country of incorporation of Foreign Companies China Canada Spain Thailand UAE Belgium Others Total

Number of Companies as on 31.03.2010 36 35 34 30 28 25 1029 3050

Number of Companies as on 31.03.2011 37 36 41 31 35 24 1042 3127

16. 17. 18. 19. 20.

26

Chapter III Applications and Documents Received Under Different Sections of the Companies Act, 1956
3.1.1 The receipt and disposal of applications and documents under various Sections of the Companies Act, 1956 during the year 2010-11, except those relating to managerial personnel, are reviewed in this Chapter. Applications relating to managerial personnel are dealt with in Chapter IV. 3.1.2 The applications and documents are received either by (i) Regional Directors/ Registrars of Companies and (ii) the Central Government/ the Company Law Board. These have been reviewed separately under respective sub-heads.

Applications and Documents received by the Regional Directors/Registrars of Companies

Applications received under Sections 20, 166(1), 210(4) & other various Sections of the Companies Act, 1956. 3.2.1 Applications received during the year 2010-11 in the Offices of the Registrars of Companies under Sections 20, 166(1), 210(4) & other various Sections of the Companies Act, 1956 aggregated to 172182. The break-up of applications received during the last three years is given in Table 3.1.

Table 3.1 Applications received under Sections 20, 166(1), 210(4) & other various Sections of the Companies Act, 1956 during the years 2008- 09, 2009- 10 and 2010-11
2008-09 B/F from Received Total previous during Col. year the year (2)+(3) (1) (2) (3) (4) 1. Availability 2152 98021 100173 of name (Section 20) 2. Extension 99 1618 1717 of Annual General Meeting [Section 166(1)] Subject / Section 2009-10 B/F from Received Total previous during Col. year the year (5)+(6) (5) (6) (7) 2067 98265 100332 2010-11 B/F from Received Total previous during the Col. year year (8)+(9) (8) (9) (10) 2101 132030 134131

157

1571

1728

106

1413

1519

27

Subject / Section

CHAPTER III

(1) 3. Extension of Financial year [Section 210(4)] 4. Other applications (Under various Sections) Total

2008-09 B/F from Received previous during year the year (2) (3) 24 293

Total Col. (2)+(3) (4) 317

2009-10 B/F from Received Total previous during Col. year the year (5)+(6) (5) (6) (7) 45 238 283

2010-11 B/F from Received Total previous during the Col. year year (8)+(9) (8) (9) (10) 32 267 299

8292

60839

69131

6252

195436

201688

7116

39460

46576

10567

160771

171338

8521

295510

304031

9355

172182

181537

3.2.2 Taking into account the 172182 applications received during the year under review and 9355 applications brought forward from the previous year, the number of applications considered during the year came to 181537. Of

these, 166717 applications were allowed, 8386 were rejected and 6434 were under examination/ consideration at the end of the year. Table 3.2 gives Section-wise details of disposal of the applications during the year 2010-11.

Table 3.2 Disposal of applications received under Sections 20, 166(1), 210(4) & other various Sections of the Companies Act, 1956 during the year 2010-11 Subject/Section B/F from the previous year (2) 2101 106 32 7116 9355 Received Total Allowed Rejected Pending during Col. during during at the the year (2)+(3) the year the year end of the year (3) (4) (5) (6) (7) 132030 134131 124770 7171 2190 1413 267 39460 172182 1519 299 46576 1033 178 41724 394 77 744 8386 92 44 4108 6434

(1) 1. Availability of Name (Section 20) 2. Extension of Annual General Meeting (Section 166(1)) 3. Extension of Financial year (Section 210(4)) 4. Other Applications (Under various Sections) Total

181537 166717

28

Documents filed under Sections 159, 160, 220 & other various Sections of the Companies Act, 1956.
3.3.1 The statutory documents filed by companies may be broadly classified under 3 categories viz. (i) Annual Returns (Sections 159 and 160), (ii) Balance Sheets and Profit and Loss Accounts (Section 220) and (iii) Other Documents. In all 2916961 documents were filed by the companies with the Registrars

of Companies during the year 2010-11. Of these, 593859 were Annual Returns under Sections 159 and 160 of the Act., 705911 were Balance Sheets and Profit and Loss Accounts filed under Section 220 of the Act, and the remaining 1617191 documents were filed under the miscellaneous provisions of the Act. The number of documents filed with the Registrars of Companies during the last three years are given in Table 3.3.
CHAPTER III

Table 3.3 Documents received under Sections 159, 160, 220 & other various Sections of the Companies Act, 1956 during the years 2008- 09, 2009- 10 and 2010-11
Nature of Document B/F from and Section previous concerned year (1) (2) 1444 1. Annual Returns (Sections 159&160) 2. Balance 1360 Sheets and Profit & Loss Accounts (Section 220) 3. Other 42971 Documents (Under various Sections) Total 45775 2008-09 Received during the year (3) 390083 Total Col. (2)+(3) (4) 391527 2009-10 B/F from Received previous during year the year (5) (6) 20260 455856 Total Col. (5)+(6) (7) 476116 2010-11 B/F from Received previous during year the year (8) (9) 9585 593859 Total Col. (8)+(9) (10) 603444

534723

536083

13871

546484

560355

2832

705911

708743

1382769

1425740

49752

1364516 1414268

57229

1617191

1674420

2307575

2353350

83883

2366856 2450739

69646

2916961

2986607

3.3.2 Taking into account the 2916961 documents received during the year under review and 69646 documents brought forward from the previous year, the total number of documents requiring scrutiny during the year was 2986607. Of these, 2871499 documents

were taken on record as being in order, 27492 were returned for rectification of defects and 77619 remained pending at the end of the year. Section-wise details of disposal of documents are shown in Table 3.4.

29

Table 3.4 Disposal of Documents received under Sections 159, 160, 220 & other various Sections of the Companies Act, 1956 during the year 2010-11 Nature of documents and Section concerned (1) 1. Annual Returns (Section 159 & 160) 2. Balance Sheets and Profit & Loss A/c (Section 220) 3. Other Documents (Under various Sections) Total B/F from the previous year (2) 9585 2832 Received Total Col. during the (2)+(3) year (3) 593859 705911 (4) 603444 708743 Taken on record (5) 569928 707380 Returned for rectification (6) 1949 177 Pending at the end of the year (7) 30567 1186

CHAPTER III

57229

1617191

1674420

1603188

25366

45866

69646

2916961

2986607

6591496

27492

77619

Inspection of Documents Section 610(1)(a)

Under

3.4 During the year 2010-11, 586953 documents were inspected in the Offices of the Registrars of Companies received from shareholders and members of the public under Section 610(1)(a) of the Companies Act,1956. The fees realised by the Registrars of Companies on this account amounted to Rs. 2,93,47,650/-. The number of documents inspected in the previous year (2009-10) was 463275 and the amount of fee realised was Rs. 2,32,21,850/-. The largest number of documents inspected during the year under review was of the Registrar of Companies, Delhi i.e. 143801 documents representing 24.50 per cent of the total. The number of documents in the office of the Registrar of Companies, Mumbai (viz.

130004 representing 22.15 per cent) came next, followed by documents inspected in the Office of the Registrars of Companies, West Bengal, Chennai, and Andhra Pradesh (viz. 61182, 46217 and 43823 respectively) in that order. The documents inspected in the offices of these five Registrars of Companies together accounted for 72.41 per cent of the total documents inspected under this Section in the offices of all the Registrars of Companies during the year under review.

Issue of Certificates and certified copies of documents under Section 610(1)(b).

3.5 The number of certificates of incorporation and certified copies of documents issued during the year 2010-11 by the Registrars

30

of Companies under Section 610(1)(b) of the Companies Act totalled 21576 and fees realised on this account amounted to Rs.60,29,359/-. During the year 2009-10, 27992 certificates of incorporation and certified copies of documents were issued and fee of Rs. 1,62,71,410/- was realised.

Complaints (A) Complaint received and disposed of by ROCs

3.7.1 During the year 2010-11, 6678 complaints were received in the offices of the Registrars of Companies from shareholders and members of the public. The number of complaints received in the previous year was 7375.
CHAPTER III

Conversion of Companies Section 31 and 43A

under

3.6 There were 1511 conversions of companies from private to public and viceversa during the year 2010-11. Of these, 408 conversions from private to public and 1103 from public to private were by alteration of articles of association by special resolution under Section 31 of the Act.

3.7.2 During the year 2010-11, 7846 complaints were considered including 1168 complaints brought forward from the previous year. Of these, action was taken on 6168 complaints after necessary scrutiny and inquiry and 1678 complaints remained pending at the end of the year. Table 3.5 gives the comparative position regarding the complaints received and disposed of by ROCs during the last three years.

Table 3.5 Complaints received and disposed of by ROCs during the years 2008-09, 2009-10 and 2010-11 Year (1) 2008-09 2009-10 2010-11 B/F from the Received during Total Col. Disposed of Pending at the previous year the year (2) + (3) during the year end of the year (2) (3) (4) (5) (6) 399 6385 6784 6165 619 619 7375 7994 6826 1168 1168 6678 7846 6168 1678

Nature of Complaints
3.7.3 The grounds of complaints varied in nature. 1368 complaints (20.5%) out of the total number of complaints received during the year 2010-11 related to non-receipt of balance sheet

by share holders. The other grounds on which a large number of complaints received related to non-payment of public deposits (12.1%) and non-registration of transfer of share (5.4%). The break-up of complaints according to their nature is shown in Table 3.6.

31

Table 3.6 Nature of complaints received & disposed by ROCs during 2010-11
Sl. Nature of No. complaints (1) (2) 1 Non-payment of public deposits 2 Mismanagement 3 Non-payment of dividend 4 Non-receipt of Balance Sheets 5 Non-receipt of Notices 6 Non-registration of Transfer of Shares 7 Non-issue of Share certificates 8 Improper holding of meetings 9 Non-holding of Annual General Meetings 10 Non-receipt of Dividend warrant 11 Misappropriation 12 Fraud/ Embezzlement 13 Misapplication of funds 14 Improper election of Directors 15 Failure to allow inspection of 16 Other complaints (Miscellaneous) Total B/F from Received Total Col. Percentage Disposed Percentage Pending at the previous during the (3)+(4) of the total of during of the total the end of year year receipts the year disposal the year (3) (4) (5) (6) (7) (8) (9) 120 809 929 11.9 548 8.9 381 30 43 88 12 12 21 5 10 206 352 1368 93 363 242 37 9 236 395 1456 105 375 263 42 19 3.0 5.0 18.6 1.3 4.8 3.4 0.5 0.2 230 304 1276 104 359 206 42 19 3.7 5.0 20.7 1.7 5.8 3.3 0.7 0.3 6 91 180 1 16 57 0 0

CHAPTER III

32 5 13 4 1 2 770 1168

174 9 67 4 2 12 2931 6678

206 14 80 8 3 14 3701 7846

2.6 0.2 1.0 0.1 0.0 0.2 47.2 100

204 13 79 8 3 13 2760 6168

3.3 0.2 1.3 0.1 0.1 0.2 44.7 100

2 1 1 0 0 1 941 1678

ROC-wise distribution of complaints

3.8 The Registrar of Companies, Mumbai received the largest number of complaints
32

during the year 2010-11, viz. 2472 (37.0 per cent of the total) followed by the Registrars of Companies, Delhi/Haryana, Andhra Pradesh, U.P. and Tamil Nadu (Chennai), who received

1038, 610, 525, and 524 complaints respectively. These five Registrars of Companies together accounted for 77.40 per cent of the total number

of complaints received during the year. The ROC-wise break-up of complaints received during the year 2010-11 is given in Table 3.7.

Table 3.7 ROC-wise break-up of complaints received during 2010-11

Sl. State/Union No. Territory (1) (2) 1 2 3 4 5 6 7 8 9 Andhra Pradesh Assam Bihar Delhi/ Haryana Goa Gujarat Jammu & Kashmir Karnataka Kerala B/F from Received the previous during year the year (3) 81 0 0 358 27 0 0 22 0 0 272 0 0 0 14 12 62 0 28 292 1168 (4) 610 25 17 1038 15 235 1 122 119 205 2472 148 2 4 234 124 524 56 525 202 6678 Total Col. (3)+(4) (5) 691 25 17 1396 42 235 1 144 119 205 2744 148 2 4 248 136 586 56 553 494 7846 Percentage Disposed Percentage Pending at of Total of during of grand the end of receipts the year total disposal the year (6) 8.8 0.3 0.2 17.8 0.5 3.0 0.0 1.8 1.5 2.6 35.0 1.9 0.0 0.1 3.2 1.7 7.5 0.7 7.1 6.3 100 (7) 357 24 17 1386 31 220 1 134 119 205 1796 135 2 4 248 136 548 56 553 196 6168 (8) 5.8 0.4 0.3 22.5 0.5 3.6 0.0 2.2 1.9 3.3 29.1 2.2 0.0 0.1 4.0 2.2 8.9 0.9 9.0 3.2 100 (9) 334 1 0 10 11 15 0 10 0 0 948 13 0 0 0 0 38 0 0 298 1678
CHAPTER III

10 Madhya Pradesh 11 Maharashtra (Mumbai) 12 Maharashtra (Pune) 13 Orissa 14 Puducherry 15 Punjab/ H.P./ Chandigarh 16 Rajasthan 17 Tamil Nadu (Chennai) 18 Tamil Nadu (Coimbatore) 19 Uttar Pradesh 20 West Bengal Total

33

(B) Complaint received and disposed of by Head Quarters New Delhi.

3.9 The Investor Grievance Management Cell (IGMC) at Ministrys Head Quarters, New Delhi received 7079 complaints from the investors/depositors during the period from 1.04.2010 to 31st March, 2011 whereas 1542 complaints were brought forward from the previous year. Out of a total of 8621 complaints, 6972 complaints have been resolved/settled and 1649 complaints were pending for resolution as on 31.03.2011. Further, IGMC received 212 complaints pertaining to other Agencies and the same were forwarded to the respective Agencies for necessary action. Out of these, 58 complaints were forwarded to Securities and Exchange Board of India (SEBI), 33 complaints to Department of Economic Affairs, 44 complaints to Depatrment of Financial Services, 23 complaints to Ministry of Labour, 24 complaints to Official Liquidators, 9 complaints to DARPG, 6 to IRDA, 3 each to Company Law Board(CLB) and Department of Consumer Affairs, 2 each to Ministry of Civil Aviation, Ministry of Railways and BIFR, one

each to Govt. of Maharastra, Ministry of Law & Justice and Department of Post.

Applications considered and disposed of by the Regional Directors and Registrars of Companies.
3.10 The powers and functions of the Central Government in respect of some Sections of the Companies Act,1956 have been delegated to the Regional Directors located at Kolkata, Mumbai, Chennai, Noida (U.P.), Hyderabad and Ahmedabad and to the Registrars of Companies. Table 3.8 below shows the disposal of applications dealt with by the Regional Directors/ Registrars of Companies under the delegated powers. It would be seen that during the year under review 1,04,038 applications including 25,468 brought forward from the previous year were considered. The largest number of applications, viz. 39,405 (37.88 per cent of the total) were considered under Section 560 of the Act regarding Striking of the name of companies in the register maintained by ROCs. Out of the total 1,04,038 applications, 83,526 were disposed of during the year leaving 20,512 applications pending as on 31st March, 2011.

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34

Table 3.8 Applications considered and disposed of by the Regional Directors and Registrars of Companies under various Sections of the Companies Act, 1956 during the year 2010-11
Sl. Section of the Applications Applications Total Col. Applications Applications No. Companies Act and the Pending as Received (3)+(4) disposed of Pending as on subject matter of the on 31.3.2010 during the during the 31.03.2011 application year 2010-11 year 2010-11 (1) (2) (3) (4) (5) (6) (7) 1. 21 - Change of name by 588 16253 16841 15297 1544 company 2. 22 - Rectification of 102 66 168 50 118 name of company 3. 25 - Grant of license 118 474 592 431 161 4. 25(8) - Alteration in 40 108 148 124 24 Memorandum & Articles of Association 5. 31 - Alteration in 230 5149 5379 5217 162 Articles through Special Resolution 6. 108(1D) - Extension of 47 38885 38932 38885 47 time for Registration of transfer of shares 7. 224(3)&224(7) 17 38 55 37 18 Appointment and Remuneration of Auditors 8. Section 394-A 147 1362 1509 1250 259 amalgation of companies (pub/pvt. Companies) by RD 9. 555(7)(b) - Company 903 106 1009 288 721 liquidation Accounts 10. 560 Striking of name 23276 16129 39405 21947 17458 of the companies in the Register maintained by ROC Total 25468 78570 104038 83526 20512

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35

Applications received by Central Government and Company Law Board Invitation and acceptance of Deposits under Section 58A
3.11.1 Section 58A of the Companies Act, 1956 which came into force on 1.2.1975, regulates the invitation and acceptance of deposits by non-banking non-financial companies. The Companies (Acceptance of Deposits) Rules, 1975 framed in pursuance of sub-section (1) of Section 58A of the aforementioned Act, prescribe the limits up to which, the manner in which and the conditions subject to which deposits may be invited or accepted by these companies either from the public or from their members. These Rules prescribe every company to advertise at the time of inviting deposits, a summarized financial position of the company for the preceding two financial years. The rules lay down the following conditions governing the acceptance of deposits: Ceiling limits of deposits with reference to the companys net worth. Maximum period of 36 months for which the deposits can be accepted. Maximum rate of brokerage, which can be paid by the company to brokers through whom the deposits are collected. Maintenance of liquid assets to the extent of 15% of deposits maturing during the year to be invested in specified securities in order to safeguard the interests of depositors. Maximum rate of interest payable on deposits.
36

3.11.2 Under the proviso to sub-section (7) of Section 58A of the Companies Act, 1956, the Government is empowered to exempt a class of companies from all or any of the provisions of Section 58A. The Ministry has granted exemption vide Notification GSR No. 1075E dated 29.12.1989 from the provisions of subsection (1) to (6) of Section 58A in respect of acceptance of deposits through issue of Commercial paper by companies which satisfy the eligibility criteria laid down by Reserve Bank of India in the Non-Banking Companies (Acceptance of Deposits through Commercial Paper) Directions 1989. The said Notification has come into force on and from 1.1.1990. 3.11.3 Sub-section (8) of Section 58A of the Companies Act, 1956 empowers Central Government, if it considers necessary for avoiding any hardship or for any other just and sufficient reason, to grant extension of time to a company or class of companies to comply with or exempt any company or class of companies from all or any of the provisions of Section 58A either generally or for a specified period subject to such conditions as may be specified, either prospectively or retrospectively from a date not earlier than the commencement of the Companies (Amendment) Act, 1974. In case exemption is to be granted for a class of companies, it is to be done after consultation with Reserve Bank of India. 3.11.4 Sub-sections (9) & (10) of Section 58A Act of the Companies Act, 1956 empower the Company Law Board to take cognizance of any case of non-repayment of deposits on maturity and direct the company to make repayment of such deposits within such time and subject to such conditions, as may be specified in the

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order. Non-compliance of the orders of the Company Law Board would attract penalty by way of imprisonment, which may extend to three years and shall also be liable to a fine of not less than Rs. 500/- for every day till such non-compliance continues.

one (1) application/petition was pending as on 31.03.2011.

(c) Restriction on Acquisition/ Transfer of certain shares under section 108A & 108B
3.14.1 Under section 108A & 108B, prior approval of the Central Government is required to be obtained for acquisition/transfer of shares by or to, an individual, firm, group constituent of a group, body corporate or bodies corporate under the same management in relation to dominant undertaking provided there is any increase in dominance as a result of such an acquisition or transfer of shares. 3.14.2 During the year 2010-11, two (2) applications were received and no application was pending as on 31.03.2010. Out of these 2 applications, one (1) application was disposed of during the year and one (1) application was pending as on 31st March, 2011.

(A) Applications Disposed of by the Central Government (a) Applications for exemption/ extension of time under section 58A (8).
3.12 During the period with effect from 1st April, 2010 to 31st March, 2011, Only one (1) application for granting exemption/ extension of time under Section 58A (8) of the Companies Act, 1956 was received in addition to 6 applications brought forward from the previous year. Out of the total 7 applications, 5 applications were disposed of during the said period, and 2 applications were under examination as on 31st March, 2011.

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(b) Reduction of Equity Share Capital under Section 101

3.13.1 As on 31.03.2010, three (2) applications/ petitions were pending under Section 101 by (i) M/s. Durgapur Chemicals Ltd. and (ii) M/s. National Products Construction Ltd. During the year 2010-11, one (1) more application was received from (i) M/s.Britannia Engineering Ltd. 3.13.2 Out of these 3 cases, 2 applications/ petitions of (i) M/s. Durgapur Chemicals Ltd. and (ii) M/s National Projects Construction Ltd. were considered and disposed of. Remaining

(d) Permission to Government Companies under section 166

3.15 The Central Government has powers under Section 166(1) & (2) of the Companies Act, 1956 to grant extension of time by three months to Government Companies for holding Annual General Meetings (AGM) and for change of venue of AGM to a place other than where the registered office of the company is situated. The number of applications for extension of time and change of venue received and disposed of during the year 2010-11 are given in Table 3.9.

37

Table 3.9 Applications under Section 166 received and disposed of during 2010-11
Section of Companies Act,1956 Nature of Applications Pending Received Total Col. Disposal during the Pending at the during the (3)+(4) year as on beginning Year 31.3.2011 Request Request accepted rejected (3) (4) (5) (6) (7) (8) 0 195 195 194 1 0

(2) Annual General Meeting (Extension of time) 166(2) Annual General Meeting (Change of venue) TOTAL

(1) 166(1)

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29

29

29

224

224

223

(e) Payment of Dividends out of Reserve under section 205A (3)

3.16.1 Section 205A (3) of the Companies Act, 1956 makes it obligatory for a company to seek prior approval of the Central Government where owing to inadequacy or absence of profits in any year, it proposed to declare dividend out of the accumulated profits earned in the previous years and transferred to the reserves and where declaration of dividend is not in accordance with the Rules, namely, the Companies (Declaration of Dividend out of Reserves) Rules, 1975 framed under the said section. 3.16.2 During the year 2010-11, three (3) applications were received under section 205A (3), while no application was pending as on 31.03.2010. Out of 3 applications, one (1) application was disposed of during the year and two (2) applications were pending as on 31st March, 2011.
38

(f) Change in rate of Depreciation under section 205(2)( c)

3.17.1 As on 31.03.2010, six (6) applications were pending under section 205 (2) (c) by (i) ISMT Ltd., (ii) NACIL (iii) Air India Ltd., (iv) New Tirupur Area Dev.Ltd.. (v) Maharastra State Corporation Generation Co. Ltd. and (vi) GTL Infrastructure Ltd. During the period from 1st April, 2010 to 31.03.2011, eight (8) more applications were received from (i) BSES Yamuna Power Ltd., (ii) BSES Rajdhani Power Ltd.,(iii) Vamshi Hydro Energies Pvt. Ltd.,(iv) Reliance Infratel Ltd.,(v) Delhi Airport Metro Express Pvt. Ltd.,(vi) Mumbai Metro One Pvt. Ltd.,(vii) Rosa Power Supply Company Ltd. and (viii) Gujrat State Petronet Ltd. 3.17.2 Out of above 14 cases, 6 applications of (i) BSES Yamuna Power Ltd (ii) BSES Rajdhani Power Ltd (iii) Vamshi Hydro Energies Pvt. Ltd (iv) Reliance Infratel Ltd. (v) GTL Infra.Ltd. and (vi) M/s NACIL were

considered and disposed of. Remaining 8 applications were under consideration and pending as on 31.03.2011.

(h) Exemption from annexing balance sheet of the subsidiary companies under section 212(8)
3.19.1 Section 212 of the Companies Act, 1956 provides that the Balance sheet of a holding company should include certain documents of its subsidiaries. However sub-section (8) thereof empowers the Central Government to exempt a holding company from the requirements of including in balance sheet the said documents of subsidiary companies. 3.19.2 As on 31.03.2010, 178 applications were pending under section 212(8) of the Companies Act, 1956. During the period from 01.4.2010 to 31.03.2011, 566 applications were received for seeking exemption from attaching the balance sheet etc. of their subsidiaries with their balance sheets as required under Section 212 (1) of the Act. 3.19.3 Out of these 744 cases, 741 applications were considered and disposed of. Remaining three (3) applications were under consideration and pending as on 31.03.2011.

(g) Exemption from disclosing the quantitative details under section 211(4)
3.18.1 Part II of Schedule VI to the Companies Act,1956 dealing with the preparation of Profit and Loss Accounts provides that the manufacturing and other companies should give by way of notes, additional data in regard to turnover, installed capacity, licensed capacity, actual production, raw material consumed, opening and closing stock of good produced etc. Some of the Companies which on account of certain difficulties, are unable to comply with the said provisions to furnish the additional data, can approach the central Government for order under section 211(4) of the Companies Act, 1956 for exemption from furnishing this information. 3.18.2 As on 31.03.2010, 56 applications were pending under section 211(4) of the Companies Act, 1956. During the period from 1st April, 2010 to 31.03.2011, 204 more applications were received for seeking exemption from complying with the requirements of para 3 and 4 Part-II of Schedule VI to the Companies Act, 1956. 3.18.3 Out of these 260 cases, 257 applications were considered and disposed of. Remaining three (3) applications were under consideration and pending as on 31.03.2011.

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(i) Appointment of Cost Auditors under section 233B(2)

3.20.1 Consequent upon the launch of MCA21 Project under the e-Governance, companies under Cost Audit have started filing applications for appointment of cost auditors, through electronic mode from April, 2006. 3.20.2 During the year 2010-11, 2007 applications were received through e-mode for

39

approval of appointment of cost auditors under sections 233B(2) of the Companies Act, 1956 as against 1656 applications received during the previous year 2009-10.

(j) Appointment of Sole Selling/ Buying Agents under section 294AA (1), (2) & (3)
3.21.1 Sub-section 294AA (1) of the Companies Act, 1956 requires that where the Central Government is of the opinion that the demand for goods of any category is substantially in excess of the production or supply of such goods and that the services of the Sole Selling Agents will not be necessary to create a market for such goods, the Central Government may, by notification in the Official Gazette, declare that Sole Selling Agent shall not be appointed by a company for the sale of such goods for such period as may be specified in the declaration. At present, the said prohibition on appointment of Sole Selling Agents exists only in respect of Bulk drugs, Drugs and Formulations which has been extended for a period of three years w.e.f. 16.7.2010 vide Notification No. GSR 601(E) dated 16.7.2010. 3.21.2 Sub- sections (2) and (3) of Section 294-AA of the Companies Act, 1956 require the companies to obtain approval of Central Government for appointment of Sole Selling Agents. Sub-section (2) applies to those companies, in which the Sole Selling Agents either by themselves or through their relatives hold paid-up-capital of Rs. 5 lakhs or 5 per cent of the paid-up-capital of the company, whichever is less. Sub-section (3) applies to the companies whose paid-up capital is Rs. 50 lakh or more.
40

3.21.3 During the year 2010-11, three (3) applications were received under sub-sections (2) & (3) of Section 294AA of the Companies Act, 1956 while 3 applications were brought forward from the previous year. Out of the total 6 applications, 4 applications were disposed of and 2 applications were pending as on 31st March, 2011.

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(k) Loan to Directors, giving guarantee or providing security in connection with a loan- under section 295
3.22.1 Section 295 of the Companies Act, 1956 requires all public companies or their subsidiaries to obtain the previous approval of the Central Government before making any loan to, or giving any guarantee or providing any security in connection with a loan made by any other person to, or to any other person by their directors, relatives of such directors, firms or private companies in which such directors are interested and to other body corporate falling within the ambit of clauses (d) & (e) of sub-Section (1) of the said Section. 3.22.2 During the year 2010-11, the Central Government received 46 applications while 33 applications were brought forward from the previous year under Section 295. Out of these 79 applications, 53 applications were disposed of and 26 applications were pending as on 31st March, 2011.

(l) Contracts in which Directors are interested under Section 297

3.23.1 Section 297(1) of the Companies Act, 1956, as amended by the Companies

(Amendment) Act, 1974 which came into force with effect from 1st February, 1975 makes it obligatory for companies having paid-up share capital of not less than Rs. 1 crore to seek prior approval of the Central Government in respect of any contract to be entered into (a) for sale, purchase or supply of goods, material or service or (b) for underwriting the subscription of any share or debentures of the company with a Director of the company or his relatives, a firm in which such a Director or relative is a partner, any other partner in such a firm or a private company of which a Director is a member or Director. The powers of Central Government to accord approval under Section 297(1) of the Companies Act, 1956 have been delegated to Regional Directors with effect from 19.8.1993. This has been done with the twin purposes of decentralisation and expeditious disposal. 3.23.2 During the period from 1st April, 2010 to 31st March, 2011, Regional Directors considered 2457 applications including 260 applications brought forward from the previous year. Out of these, 1941 applications have been decided leaving a balance of 516 applications under consideration with Regional Directors as on 31st March, 2011.

UTI Technology Services Ltd. (iv) Maharastra Elektroselt Ltd. with SAILI. During the period from 1st April, 2010 to 31.03.2011, four (4) more applications/petitions were received (i) Nahan Foundry Ltd with HP State Ind. Dev. Corp. Ltd., (ii) HP State Ind. & Export Corp. Ltd. with HP State Ind. Dev. Corp. Ltd., (iii) West Bengal Rural Energy Dev. Corp. Ltd. with West Bengal State Elec. Distribution Co. Ltd. and (iv) IDBI Bank Ltd. with IDBI Homefinance Ltd. and IDBI Glitz Ltd. 3.24.2 During the period from 1st April, 2010 to 31st March, 2011, Out of these 8 applications/ petitions, 3 applications/petitions of (i) M/s. Karnataka Small Industries Marketing Corp. Ltd. with Karnataka State Small Industries Development Ltd., (ii) UTI Infrastructure and Services Ltd. with UTI Technologt Services Ltd. and (iii) HP State Ind. & Export Corp. Ltd. with HP State Ind. Dev. Corp. Ltd. were considered and disposed of. Remaining 5 applications/petitions were under consideration and pending as on 31.03.2011.

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(n) Amalgamation/ Merger of Government companies on public interest under Section 396
3.25.1 As on 31.03.2010, two (2) applications/ petitions were pending under section 396 by (i) M/s. Tamilnadu Goods Transport Corporation Ltd. with State Express Transport Corporation Ltd. and (ii) Tamilnadu Graphite Ltd. with Tamilnadu Mineral Ltd. During the period from 1st April, 2010 to 31.03.2011, no more application/petition was received. 3.25.2 Out of these 2 cases, 2 applications/ petitions of (i) M/s. Tamilnadu Goods Transport
41

(m) Amalgamation/ between Government under Section 391-394.

Merger companies

3.24.1 As on 31.03.2010, four (4) applications/ petitions were pending under sections 391-394 by M/s.M.P.State Industrial Development Ltd. and its Secured and Unsecured Creditors etc. (ii) ) Karnataka Small Ind. Marketing Corp. Ltd. with Karnataka State Small Ind. Dev. Ltd. (iii) UTI Infrastructure and Services Limited with

Corporation Ltd. with State Express Transport Corporation Ltd. and (ii) Tamilnadu Graphite Ltd. with Tamilnadu Mineral Ltd. were pending as on 31.03.2011.

(o) Amalgamation of Public & Private companies under section 394A

3.26 During the year 2010-11, 1362 applications were received under this Section, while 147 were brought forward from the previous year. Out of total of 1509 applications, 1250 were disposed of and 259 cases were under examination as on 31.03.2011.

4 applications were brought forward from the previous year. Out of these 13 applications, 5 applications were disposed of and 8 applications were under consideration of the Central Government as on 31st March, 2011.

(q) Applications 81(1) and (3)

under

section

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3.28 During the year 2010-11, no application was received under section 81(1) and (3) for further issue of share capital and no application was pending as on 31.03.2010. Hence, no application was pending as on 31st March, 2011.

(p) Power to modify Act in its application to NIDHI, etc. under section 620A
3.27.1 Under section 620A of the Companies Act, 1956, the Central Government is empowered to declare by notification in the official gazette certain special type of NonBanking Financial Companies as Nidhi companies or Mutual Benefit Societies as the case may be and the Central Government vide its notifications GSR 881 (E) dated 03.11.2010 has made certain amendments in the notification of the Government of India, erstwhile Ministry of Law, Justice and Company Affairs (Department of Company Affairs) No. GSR 555(E) dated 26.07.2001 and published in the Gazette of India, in Part II, Section 3, Sub-Section (1) dated the 26.07.2001 pertaining to Nidhi Companies. The total number of Companies notified as Nidhi Companies is now 368 as on 31st March, 2011. 3.27.2 During the year 2010-11, the Central Government received 9 applications under section 620A of the Companies Act, 1956 while
42

B. Applications/Appeals disposed of by Company Law Board

3.29.1 Section 111 of the Companies Act, 1956 provides for transferors or transferees of shares in a company to appeal to the Central Government against the refusal of the company to register the transfer or transmission of shares, or against the failure within the prescribed time limit, to register the transfer or transmission of shares, or to intimate its refusal to register the transfer or transmission of shares. Powers under this Section are delegated to the Company Law Board Benches. 3.29.2 As on 31st March, 2010, 197 appeals under Section 111 were pending with the Company Law Board. During the year 201011, 79 appeals were received. Thus 276 appeals were considered during the year. Of these, 117 appeals were disposed of and 159 appeals were pending disposal for non-compliance of various formalities as on 31.03.2011 as per the Companies (Appeals to the Central Government) Rules, 1957.

Chapter IV Corporate Management

Appointment of Managerial Personnel
4.1.1 The Ministry of Corporate Affairs deals with statutory applications relating to the appointment of and payment of remuneration to Managing Directors, Whole-time Directors and Managers of Public Limited Companies and of Private Limited Companies which are subsidiaries of Public limited companies under Section 259, 268, 269, 198/309, 310 and 314 of the Companies Act, 1956 in accordance with provisions of Schedule XIII to the said Act, as amended from time to time. 4.1.2 To bring greater transparency in processing of various statutory applications, the submission of applications on-line through the website of the Ministry was operationalised since September, 2006. The companies can also track the status of their application on the website of the Ministry. 4.1.3 It has been observed that applications received are generally deficient in several respects. In order to have complete information at the initial stage itself, Form Nos. 25A and 24B have been revised and notified to make them more effective and to ensure speedy disposal of applications. 4.1.4 The details of receipt and disposal of statutory applications for the periods from 01.04.2010 to 31.03.2011 are given in Table 4.1 below:

Table 4.1 Applications on Managerial Appointment received and disposed of by the Central Government during 01.04.2010 - 31.03.2011
Under Section (1) 259 268 Nature of Applications Brought Received Total (Col. Disposed of Pending forward as on during the 3+4) during the as on 01.04.2010 year year 31.03.2011 (3) (4) (5) (6) (7) 10 32 42 34 8 19 7 26 8 18

(2) Increase in number of Directors Amendment of provisions in the Articles of Association relating to Managing Director or Whole time Director.

43

Under Section (1) 269/ Schedule XIII, 309(1)(b), 309(4)/ (5B), 310

Nature of Applications

(2) Appointment/ reappointment of Managing Director or Whole-time Directors/ managers, Remuneration to Directors for rendering professional services. Remuneration to Directors other than Managing Director or whole time Director/ waiver of sums refundable to Directors and Increase in the remuneration of Director. 314(1B) Appointment/continuance of relative of a Director to hold any office or place of profit in the company which carries total monthly remuneration of not less than Rs. 50,000 per month. Total

Brought Received Total (Col. Disposed of Pending forward as on during the 3+4) during the as on 01.04.2010 year year 31.03.2011 (3) (4) (5) (6) (7) 837 1233 2070 1851 219

312

374

686

480

206

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1178

1646

2824

2373

451

44

Chapter V Inspections, Investigations, Prosecutions, Cost Audit, Investors Education and Protection Fund, Investor Protection and Vanishing Companies
Inspections
5.1.1 Section 209A of the Companies Act, 1956 empowers the Registrar of Companies or the officers duly authorised by the Central Government, to undertake inspection of the books of accounts and other records of companies. Several officers of the Ministry have been authorised under this Section to undertake inspections. 5.1.2 Broadly, inspections are undertaken to serve one or more of the following objects: (i) to verify compliance by companies of various provision of the Companies Act,1956; to verify whether the company accounts represent a true and fair picture of the companys finances and whether the same have been disclosed in a manner consistent with Companies Act; adversely affect the interest of company stakeholders, or which may adversely prejudice such interests, which may merit the company to be wound up on just and equitable grounds under the Act; (v) whether statutory auditors have carried out their duties properly while certifying true and fair view of the state of affairs of the company; and

(ii)

(vi) to examine legal action under Companies Act if the company has made a default in filing its balance sheet and profit and loss account or annual return for any five consecutive financial years with the Registrar. 5.1.3 Inspections under Section 209A of the Companies Act, 1956 of the books of accounts of the company are generally ordered on the basis of: (i) complaints received in the Ministry of Corporate Affairs or in its field offices about mis-management in respect of maintenance of books of accounts as prescribed under Section 209 of the Act, delay in transfer of share/debentures, delay in payment of dividend, nonpayment of deposits or interest thereon etc.;

(iii) whether the companys funds have been siphoned off, applied or diverted in a manner violative of the provision of the Act and whether the company management has misused its fiduciary position for any personal advantage in violation of the Act; (iv) whether there are acts of mismanagement or oppression which

45

(ii)

violations/irregularities noticed on scrutiny of documents including Auditors remarks filed in the office of the Registrar of Companies; and

(iii) reference received from other Govt. Departments/Agencies pointing out violations of the provisions of the Companies Act, 1956 or other irregularities. 5.1.4 Details of the number of inspections conducted and reports received by the Ministry during last 4 financial years are as under: Year 2007-08 2008-09 2009-10 2010-11
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showing details of action taken in respect of points concerning MCA have been forwarded to JPC Cell in the Department of Economic Affairs which is monitoring the follow up action on the JPC Report from time to time. Action taken under Section 237(b)/388(b)/397 /398/402/406/408of the Companies Act, 1956. 5.3.1 Section 397/398 of the Companies Act, 1956 provides power for filing of application before Company Law Board for relief in cases of oppression, mismanagement or apprehension of mismanagement of the affairs of the Company. Section 408 of the Act empowers the Central Government to appoint such number of persons on the Board of the company as directed by Company Law Board on the reference/application made by the Government to safeguard the interest of the company or its shareholders or the general public. In addition, the Central Government can also file petitions under Section 402 read with Section 406 of the Act for disgorgement of assets against the Directors of the Company when they indulged in misappropriation/misfeasance. 5.3.2 As on 31.3.2011, there were seven (7) cases pending before Company Law Board/ High Court/Supreme Court. The details of the same are given in table 5.1.

Number 189 207 204 190

Follow up of the report of Joint Parliamentary Committee (JPC) on Stock Market Scam.
5.2 The Government had set up a Joint Parliamentary Committee (JPC) to investigate the Stock Market Scam. JPC submitted its report in December 2002. The Ministry of Corporate Affairs was asked to furnish Action Taken Report on certain recommendations of the JPC concerning this Ministry. Status reports

Table 5.1 Details of cases pending before CLB/High Court as on 31.03.2011 Sl. No. Court Name of Company 1. Company Law Board UOI Vs. Satyam Computer Services Ltd. 2. Company Law Board UOI Vs. Maytas Infra Ltd. Section 397/398/ 406&408 397/398/ 406&408 Remarks Pending Pending

46

Sl. No. 3. 4. 5. 6. 7.

Court Company Law Board High Court High Court High Court Supreme Court

Name of Company UOI Vs. Maytas Properties Ltd. Eveready Industries Ltd Vikas WSP Ltd. Morepan Laboratories Ltd. Morepan Laboratories Ltd.

Section 397/398/ 406&408 397/398 397/398 391/394& 408 408

Remarks Pending Pending Pending Pending Pending

Investigations
5.4.1 The Investigation cases of companies u/s 235/237 of the Act are entrusted to the Serious Fraud Investigation Office (SFIO) on the following grounds/criteria: (i) Where the size of the alleged fraud is estimated to be at least Rs. 50 crore or more, or; Paid-up capital of the company is more than Rs. five crores, and 20% or more capital is subscribed by the public; or

specialized skills and multi-disciplinary approach. 5.4.2 So far, 79 cases have been referred to SFIO for investigation. Out of these, SFIO has submitted investigation reports in 62 cases till 31.03.2011, in one case order for investigation was withdrawn, while two cases have either been stayed or dismissed by Courts and the remaining 14 cases are under investigation. As on 31.03.2011, 834 cases of prosecution have been filed in the different Courts against the persons/entities involved in fraudulent activities. During the year, in 39 cases the accused were convicted by the court and fines imposed. 795 cases which are under progress in different courts are indicated in Table 5.2.

(ii)

(iii) When the alleged fraud involves widespread public concern estimated to affect at least more than 5000 persons; or (iv) Where investigation requires

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Table 5.2 Details of Investigation cases pending before different courts (as on 31.3.2011) Sl. No. (1) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 Name of the Company (2) Daewoo Motors India Ltd. Design Auto Systems Ltd. Bonanza Biotech Ltd Vatsa Corporation Ltd. Mardia Chemicals Ltd. Soundcraft Industries Ltd. Kolar Biotech Ltd. Adam Comsof Ltd DSQ Software Ltd. Usha India Ltd
47

Pending Cases Total Pending Company Law IPC cases (3) (4) (5) 21 02 23 11 02 13 16 01 17 106 08 114 22 01 23 35 09 44 24 04 28 21 04 25 23 02 25 27 07 34

Sl. No. (1) 11 12. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34. 35 36 37 38 39 40 41

Pending Cases Total Pending Company Law IPC cases (2) (3) (4) (5) Malvika Steels Ltd 27 06 33 Koshika Telecom Ltd 41 03 44 Chitrakoot Computers 16 02 18 Classic Credit Ltd 05 01 06 Classic Shares & Stock Broking Services Ltd 09 -09 Goldfish Computer P Ltd 22 01 23 KNP Securities Pvt Ltd 15 -15 Luminant Investrade P Ltd 11 -11 Manmandir Estate Dev. 02 01 03 N H Securities Ltd 24 01 25 Panther Fincap and Management Services Ltd 24 02 26 Panther Industrial Products Ltd. 25 -25 Panther Investrade Ltd 14 01 15 Saimangal Investrade Ltd 18 01 19 Triumph International Finance India Ltd 10 02 12 V N Parekh Securities Pvt Ltd 12 -12 Triumph Securities P Ltd 22 01 23 Nakshatra Software Pvt Ltd. 17 02 19 Morepen Laboratories Ltd. 12 05 17 Shonk Tech. Ltd. 17 01 18 Shonk Tech. Int. Ltd 09 -09 Satyam Computer Services Ltd 07 -07 SHCIL Services Ltd. 09 01 10 JVG Publication Ltd 05 -05 JVG Steels Ltd. 05 -05 JVG Holdings Ltd 03 -03 JVG Farm Fresh Ltd. 06 -06 JVG Overseas Ltd. 07 -07 JVG Hotels Ltd. 08 -08 JVG Industries Ltd. 10 -10 JVG Techno India Ltd. 06 -06 Total 724 71 795 The Ministry has received Thirteen (13) investigation report for the period 01.04.2010 to 31.03.2011 as indicated in table 5.3.

Name of the Company

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5.4.3 During the year 2010-11, the Ministry has ordered/ referred thirty one (31) cases to SFIO for investigation under Section 235/237(b)/247 of the Companies Act, 1956.
48

Table- 5.3 Details of Investigation reports submitted during 1.4.2010 to 31.3.2011 Sl. No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Name of the Company Date of receipt of investigation report M/s Nicco UCO Alliance Credit Ltd. 03.06.2010 M/s PSG Developers & Engineers Ltd. 18.11.2010 M/s Information Technologies (India) Ltd. 03.09.2010 M/s Zenet Software Ltd. 21.01.2011 M/s Sugandh Estate and Investment Private Ltd. 21.01.2011 M/s Amadhi Investment Ltd. 21.01.2011 M/s Welvet Financial Advisers Pvt. Ltd. 21.01.2011 M/s A & R Oil Mills Ltd. 31.01.2011 M/s AVI Petroleum Ltd. 31.01.2011 M/s Rishi Spinners Ltd. 31.01.2011 M/s Rishi Financial Services Ltd. 31.01.2011 M/s AVI Telecom Ltd. 31.01.2011 M/s AVI Packaging Ltd. 31.01.2011 235/237(b)/247 of the Companies Act, 1956 by the Central Government under separate orders are given in table 5.4.
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5.4.4 Details of progress of investigation as on 31.3.2011, against 14 companies including five (5) companies which were ordered for investigation during the year under section

Table- 5.4 Details of pending Investigation cases ordered by the Central Government Sl. No. (1) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Name of the Company (2) Systems America (India) Ltd. Sesa Goa Ltd. Sesa Industries Ltd. Rishi Oil & Fats Ltd (in Liqn) AVI Shoes Ltd (in Liqn) Kuber Mutual Benefits Ltd Megacity (Bangalore) Developers & Bldgs Ltd. AVI Industries Ltd (in Liqn) Austral Coke & Project Ltd. Global Trust Bank Goldquest International Pvt. Ltd. Questnet Enterprieses India Pvt Ltd. Jayant Vitamins Ltd. City Limouzines (India) Ltd.
49

Date of Order (3) 17.01.2008 23.10.2009 23.10.2009 05.05.2008 05.05.2008 09.09.2008 17.04.2009 13.05.2009 20.01.2010 28.05.2010 28.07.2010 28.07.2010 11.08.2010 07.10.2010

Prosecution
5.5.1 A total of 61149 prosecutions, launched under the Companies Act, were pending in various courts as on 31.3.2010 and 4541 prosecutions (Table 5.5) were instituted during

the year 2010-11 against 1653 companies and their officers. Thus, in all 65690 prosecutions were pursued in the courts during 2010-11. Out of these, 5437 prosecutions were disposed of and 60258 were pending at the end of the year. Statewise details are given in the Statement XXIV.

Table - 5.5 Nature of Defaults and number of prosecutions filed during 2010-11 Sl. Section of the No. Act or Rule (1) (2) 1 17 2 22 3 49 4 58A(1) 5 63 6 68 7 73 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 75 85 97 113 125 138 142 143 146 147 149 150 154 159 159/162 163 165/168 176(2) 192 Number of Cases Filed (3) (4) Special resolution & Configuration by CLB 1 Rectification name of company 2 Investments of company to be held in its own name 2 Acceptance of Deposits 11 Criminal liability for Mis-statements in Prospectus 1 Penalty for fraudulently inducing persons to invest money. 1 allotment of shares &debentures to be dealt on stock 2 exchcange Return as to allotments 1 Failure to comply with the provision of said section 1 Notice of increase of share capital or of members 4 Limitation of the time for issue of certificate 2 Failure to company with the provision of said section 1 Failure to comply with the provision of said section 1 Non comliance of registration of change &satisfaction 9 Companys Register of charges 6 Registered office of company 8 Publication of name by company 10 Restriction on Commencement of business 3 Register of Members 2 Power to close register of members or debenture holders 4 Reg Annual Report 61 Annual return to be made by company having a share 1472 capital place of keeping and inspection for registers and returns 1 Statutory meeting and statutory report of company 79 Notices of AGM was not made with reasonable 4 prominence Registration of certain resolutions and agreements 5
50

Nature of Defaults

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Sl. Section of the Nature of Defaults Number of No. Act or Rule Cases Filed (1) (2) (3) (4) 27 193 Minutes of proceedings of general meetings and of 9 Board and other meetings 28 196 Default in inspection of minutes of general meetings 1 29 197 Publication of reports of proceedings of general 1 30 209A Inspection of books of accounts etc. of companies 24 31 209(3)B non keeping of books as accurals basis 3 32 209A(5) Powers of the officer making an Inspection 11 33 210 Annual accounts and balance sheets 12 34 211 Forms and contents of Balance sheets and profit and loss 252 account 35 212 Reg Balance Sheet 2 36 215 Authentication of B/s & P.L.A/C 1 37 217 Boards report 66 38 219 Right of member to copies of Balance Sheet and auditors 1 report 39 220 Three copies of balance sheet etc. to be filed with 1981 Registrar 40 221 Non disclosures of payments of directors 1 41 224 Auditors Duty 9 42 227(3) (d) Compliances of accounting standard 26 43 233 Penalty of non compliance of auditor with Section 227 227 and 229p 44 234 Power of Registrar to call for information or explanation 17 45 238 Firm body corporate 5 46 240 production of documents and evidence 1 9 47 269 Appointment of Managing or whole time director or Manager to require Government Approval only in certain cases 48 274 Disqualification of Directors 1 49 283 vacation of office by directors 1 50 291 General power of board 1 51 292 Certain powers to be exercised by board only at meeting 11 52 293 Restriction on power of Board 2 53 295 Loans to directors etc. 4 54 297 Boards sanction to be required for certain contracts in 12 which particular directors are interested

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51

Sl. Section of the Nature of Defaults No. Act or Rule (1) (2) (3) 55 299 Disclosure of interests by director 56 300 Interested director no. to participate or vote in Boards proceedings 57 301 Register of contracts, companies and firms in which Directors are interested 58 302 Non disclose to members of directors intrest in contract appointing manager 59 303 Register of directors managing agents, secretaries and measurers etc. 60 305 failure to company with the provision of said section 61 307 Register of Directors share holdings etc. 62 372 Purchase of shares by company of other companies 63 383A Certain companies to have secretaries 64 391 Power to compromise or make arrangments with creditors & members 65 394 Provision for facilitating reconstrution & amalgation of companies 66 614A(2) failure to comply with the provision of said section 67 628 Penalty for false statements 68 629 Penalty for false evidence 69 629A Penalty where no specific penalty is provided elsewhere in the Act 70 631 Penalty for improper use of word Limites & PA Ltd. 71 Others Total

Number of Cases Filed (4) 5 10 11 1 7 7 5 7 4 1 1 5 3 1 58 1 29 4541

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52

5.5.2 Comparative data showing the progress of prosecutions during the last five years from

2006-07 to 2010-11 is given in Table 5.6.

Table 5.6 Progress of Prosecutions: 2006-07 to 2010-11 Sl. Subject No. (1) (2) 1 Number of companies prosecuted during the year 2 Number of prosecutions started during the year 3 Number of prosecutions pending at the beginning of the year 4 Number of prosecutions disposed during the year 5 Convictions 6 Number of prosecutions ending in acquittals 7 Number of prosecutions withdrawn or otherwise disposed of (including condonations) 8 Number of prosecutions pending at the end of the year 9 Total fine imposed ( in rupees) 10 Total amount awarded as cost to Registrar (in rupees) 11 Percentage of conviction to total cases decided 12 Average number of prosecutions per company prosecuted 13 Average fine imposed per case ending in conviction (in Rs.) 2006-07 (3) 2668 10601 45705 8509 2273 310 4576 2007-08 (4) 2140 17080 46837 6993 4272 226 2495 2008-09 (5) 3616 13971 54294 10506 3751 165 2540 2009-10 2010-11 (6) 3196 9021 60303 7647 3716 417 3050 (7) 1653 4541 61149 5437 2518 198 2104
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47797 5814261 2729661 27 3 2557.97

54422 11184020 3080607 61 3 2617.98

57759

61677

60258

11058647 9230317 7084542 3234539 2901472 2633641 36 3 2948.18 49 2.4 46 3.3

2483.94 2813.56

Cost Audit
5.6.1 In exercise of the powers conferred by sub-section (1) of Section 642 read with clause (d) of sub-section (1) of Section 209 of the Companies Act, 1956, the Central Government notifies the Cost Accounting

Records Rules (CARRs) from time to time with respect to various industries and products. All companies engaged in production, processing, manufacturing or mining activities, in respect of industries or products specified in the Cost Accounting Record Rules, as applicable, are required to keep at its registered office proper
53

books of account relating to utilisation of material or labour or to other items of cost as prescribed under the said Rules. Every company covered under these Rules shall maintain cost accounting records from the financial year on or after the publication of these Rules. These rules do not apply to a company: a) wherein, the aggregate value of machinery and plant installed as on the last date of the preceding financial year, does not exceed the limit as specified for a small scale industrial undertaking under the provisions of Industries (Development and Regulation) Act, 1951 (65 of 1951); and the aggregate value of the turnover made by the company from sale or supply of all its products or activities during the preceding financial year does not exceed ten crore of rupees.

are issued on eligible companies, from time to time, to get their cost records audited by a practicing Cost Accountant, in accordance to the Cost Audit Report Rules, 2001. Such orders are also issued on companies arising out of mergers, de-mergers, amalgamations, sale/transfer, change of name, etc. During the period from April, 2010 to March, 2011, 131 cost audit orders were issued. 5.6.4 Consequent upon the launch of MCA-21 Project under the e-Governance, companies under cost audit have started filing applications for appointment of cost auditors, through electronic mode from April, 2006. In compliance with Section 233(B) (2) of the Companies Act, 1956, 2007 applications were received through e-mode for approval of appointment of cost auditors during the period from April, 2010 to March, 2011. Online approval process resulted in reduction of processing time benefiting the Government as well as the applicant companies significantly. The companies find it very useful as they can check the status of their applications and take the print outs of the approvals online without waiting for letter of approval from this office. Cost involving dispatch time, postage stamps and replies to queries from the companies has been saved. 5.6.5 Similarly, companies/cost auditors have also started filing the cost audit reports through electronic mode from April, 2006. This has dispensed with the requirement of wide space in the form of record rooms for keeping hard and soft copies of the reports as were received earlier. It has also ensured proper safety of confidential information of concerned companies. The numbers of cost audit reports received during April 2010 to March, 2011 were 2830.

b)

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5.6.2 The Cost Accounting Record Rules (CARRs) prescribe the manner in which cost records are to be maintained so as to have cost data base to be primarily utilized by industries/ companies themselves to improve upon their performance and face competitive environment and also by various Government agencies like, price-fixation authorities, regulatory bodies, WTO implementation & monitoring agencies, Competition Commission of India (CCI), revenue authorities, and other institutions for meeting their respective objectives. Cost Accounting Records Rules have so far been notified in respect of 44 industries as indicated in Table 5.7. 5.6.3 Under sub section (1) of section 233B of the Companies Act, 1956, cost audit orders
54

Table 5.7 Industries in which Cost Accounting Record Rules notified under Section 209(1)(d) of the Companies Act, 1956. S. No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Name of the Industries S. No. Aluminum 23. Batteries - other than Dry Cell Batteries 24. Bearings 25. Bulk Drugs 26. Cement 27. Chemicals 28. Cosmetic & Toiletries 29. Cycle 30. Dry Cell batteries 31. Dyes 32. Electric Cables and Conductors 33. Electric fans 34. Electricity Industry 35. Electric Lamps 36. Electric Motors 37. Electronic Products 38. Engineering Industries 39. Fertilizers 40. Footwear 41. Formulations 42. Industrial Alcohol 43. Industrial Gases 44. Name of the Industries Insecticides Jute goods Milk food Mining and metallurgy Motor vehicles Nylon Paper Petroleum Industry Plantation Products Polyester Rayon Refrigerators Room Air conditioners Shaving Systems Soaps and Detergents Steel Plants Steel tubes & pipes Sugar Telecommunications Textiles Tyres and Tubes Vanaspati

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5.6.6 The exemption from cost audit orders is granted, on year-to-year basis, in situations arising out of temporary closure of the company and/or its manufacturing facilities, negligible production/ activity, etc. Similarly, withdrawal of cost audit orders is considered in case of permanent closure or sale or merger/amalgamation of production activities for the product under reference. During the period from April 2010 to March, 2011, 20 such cases of exemption/withdrawal were received and processed.

5.6.7 During the year 2010-11, 364 cost audit reports filed by the companies were shared with various user departments such as, Anti-dumping Directorate of the Ministry of Commerce & Industries, Tariff Commission, National Pharmaceuticals Pricing Authority, and Competition Commission of India, Central Vigilance Commission, Commissioner of Custums, Pune, etc.

55

Investor Education and Protection Fund (IEPF)

5.7.1 The Ministry of Corporate Affairs has established the Investor Education and Protection Fund (IEPF) under the provisions of Section 205C of the Companies Act, 1956 with the objectives of promoting investor awareness and protection of their interests. Under this initiative, the Ministry while promoting the concept of prudent & informed investment decision making, also provides services related to making available informational and educational content for investors, investor grievance redressal and technical/ financial assistance to organizations engaged in investor education activities. 5.7.2 The Ministry has undertaken various initiatives for increasing the investors awareness and education in the year 2010-11, which are as follows:(i) The website, namely, www.iepf.gov. in which was launched by the Honble Minister for Corporate Affairs during 2007-08, continues to provide a knowledge sharing platform in the area of financial literacy as a measure of investor awareness and education. The educational contents available in the website www.iepf.gov.in have been originally developed in English. In order to reach out to the large majority of people in the country, the Ministry got its contents translated into Hindi and 11 regional languages, viz. Tamil, Telgu, Kanada, Malayalam, Marathi, Gujarati, Bangla, Oriya, Assamese, Punjabi and Urdu. It is hoped that the
56

availability of this website in these languages will help a much greater number of investors to understand their rights and responsibility while making investment decisions. (ii) An Investor Helpline www. investorhelpline.in project, which had been launched under IEPF through Midas Touch Investors Association to provide a mechanism for redressal of grievances and to create investor awareness, has been rendering effective service to the investors. (iii) Further, another website, namely, www. watchoutinvestors.com which is a national registry of economic defaulters and covers information on convictions by various regulatory bodies, has also been rendering effective service to not only investors and prospective investors but also to professionals such as Advocates, Chartered Accountants and Company Secretaries. The Ministry organized India Investor Week from July 1217, 2010 in order to bring a national focus on the subject of investor awareness. The theme of the India Investor Week 2010 was Informed Investor An Asset To Corporate India. The Ministry partnered with the professional institutes, trade and industry chambers, stock exchanges, SEBI, RBI, DPE etc. for organizing a large number of investor awareness programmes throughout the year in order to reach out to the investors. During India Investor Week, five national events were organized in

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(iv)

five metros, namely, Kolkata, Mumbai, Hyderabad, Bangalore and Chennai. The Ministrys investor education website, www.iepf.gov.in was launched in Assamese, Bangla, Telgu, Kanada and Tamil by Honble Minister of Corporate Affairs during IIW. Further, a book titled Investors Guide to the Capital Market and a booklet titled A Beginners Guide to the Capital Market were also released by the Honble Minister of Corporate Affairs. The booklet A Beginners Guide to the Capital Market was also translated into various regional languages with the assistance of the participating organizations. (v) The Ministry also observed Investor Day in Bhubaneswar on 28th August, 2010 in partnership with the Department of Public Enterprises of the Government of Orissa. On this occasion, the Ministrys investor education website, www.iepf.gov.in was launched in Oriya along with the booklet A Beginners Guide to the Capital Market.

in different parts of the country till 31.03.2011 by partner organizations. The financial support was given to only professional institutes, namely ICSI, ICAI and ICWAI. (viii) The Ministry Organised India Corporate Week from December 14 -21, 2010 with the theme Sustainable Business. It was inaugurated by Honble Prime Minister on 14th December, 2010 in Vigyan Bhawan, New Delhi. There was also a Panel discussion on the theme by renowned corporate leaders at Vigyan Bhawan itself. On this occasion, Honble Prime Minister simultaneously launched the investors education website in English, Hindi and 11 regional languages. He also released the Book titled INDIA UNLIMITED- A Corporate Journey.
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(ix) The number of registered NGOs under IEPF has increased to 174 upto 31.03.2011. (x) The final grant 2010-11 under IEPF Scheme is Rs. 4,93,89,000/-. It is pointed out that the entire amount was spent and the unspent balance is Nil.

(vi) The initiatives of the Ministry for spreading investor awareness in association with all other Institutes and organizations are a step forward in creating a congenial climate for the growth of the retail informed investors and would eventually contribute towards the growth and stability of the Indian Capital Market. (vii) The Ministrys initiative on investor awareness is progressing well. Over 4132 programmes have been organized

Investor Grievance Management Cell

5.8.1 Investor Grievance Management Cell (IGMC), renamed from earlier Investor Protection Cell (IPC), of the Ministry of Corporate Affairs, was set up in 1993 to deal with investors grievances. Its function is to take up the grievances of investors through the jurisdictional Registrars of Companies. It also coordinates with the Reserve Bank of India, Department of Economic

57

Affairs and the Securities and Exchange Board of India for redressal of Investrors complaints received in this Ministry but pertaining to those agencies. Broadly, the complaints relate to the following issues. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
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Non- receipt of annual report Non- receipt of dividend amount Non- refund of application money Non- payment of matured deposits and interest thereon Non- receipt of duplicate shares Non- registration of transfer of shares Non- issue of share certificates Non- receipt of debenture certificates Non- issue of rights bonus shares Non- issue of interest on late payment Non- redemption of debentures and interest thereon Non- receipt of share certificates on conversion

well as at Headquarters in the Ministry. The investors may take up their grievances with the concerned Nodal Officers at the Regional Level. If any investor has any grievance which is yet to be redressed even after a lapse of reasonable time, the same may be brought to the notice of Nodal Officer at the Ministry Level. 5.8.4 A website namely, www. investorhelpline.in has been sponsored and launched in September, 2006 under Investor Education and Protection Fund and created by Midas Touch Investor Association (NGO) to provide a mechanism for redressal of grievances of investors free of cost. It provides a facility to the investors to lodge their grievance on the website. It acts as an intermediary between investors and companies, stock exchanges, and other authorities. It also educates investors about their lawful right under various acts and the procedure to get them enforced. 5.8.5 Beside, a Website www. watchoutinvestors.com has been created by Prime Investors Protection Association and League, with the financial assistance from the Investor Education and Protection Fund, to help the investors protect themselves from unscrupulous promoters, companies and entities. The website is a national registry of economic defaulters and covers information on conviction by various regulatory bodies.

11. 12.

5.8.2 The investor/depositors can lodge their complaints with concerned Registrar of Companies on-line through MCA-21 program using the website of the Ministry viz. www. mca.gov.in. The system acknowledges the receipt of complaint online by generating a complaint number which can be used for future follow up of the complaint. 5.8.3 In order to actively associate the field offices in investor grievances redressal function, a nodal team headed by a designated officer has been set up in all offices of Regional Directors and Registrars of Companies as
58

Vanishing Companies
5.9.1 A Central coordination and Monitoring Committee (CMC), co-chaired by Secretary, Ministry of Corporate Affairs and Chairman, SEBI was set up on 27.2.1999 to look into issues relating to companies that had come out

with public issue and disappeared by way of (i) non-maitenance of their registered office; (ii) non-filing of statutory returns/listing requirements with the concerned ROCs/Stock Exchanges for a period of two years; and (iii) non-correspondence between the Exchange and a company for a long time and to monitor the progress of action taken against them. Specific criteria have been adopted by CMC for identification of such vanishing companies.

5.9.2 Out of the companies that came out with the IPOs during 1992-2005, a total of 238 companies were identified as vanishing companies. With the continuous efforts of the Ministry, 119 companies have been traced and 32 vanishing companies were identified under liquidation and as such deleted from the list of vanishing companies. The total number of vanishing companies as on 31.03.2011 stood at 87.

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59

Chapter VI Liquidation of Companies

Companies under Liquidation Winding up/
companies were under consideration of Courts, whereas 978 companies were under Voluntary consideration of Members and remaining 78 of Creditors. The distribution of companies under liquidation by their mode of winding up as on 31.03.2009, 31.03.2010 and 31.03.2011 is given in table 6.1:-

6.1 A total of 5918 companies were under liquidation as on 31.03.2011 as compared to 6757 as on 31.3.2010 and 6155 as on 31.03.2009. Out of 5918 companies under liquidation at the end of 2010-11, 4862

Table 6.1 Companies under Winding up/Liquidation Sl. No. Companies under liquidation as on Subject/Mode

(1) (2) 1. 31st March, 2009 2. 31st March, 2010 3. 31st March, 2011

Creditors Winding up Winding up subject Total Members by Court to supervision of Voluntary Voluntary Court winding up winding up (3) (4) (5) (6) (7) 1282 112 4758 3 6155 1357 978 100 78 5297 4862 3 0 6757 5918

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Mobilization of funds through various sources

by the corporate sector Resources Raised by Corporate Sector
7.1.1 During 2010-11, as per provisional estimates, there has been an increase in the total resource mobilization by Corporate Sector to the extent of Rs.16204 crore as compared to previous year; comprising of an increase of Rs.3103 crore in equity issues and balance of Rs.13101 crore in debt issues. Total resources mobilsed during 2010-11 the stands at Rs. 286394 crores as against Rs. 270190 crore in 2009-10. In 2010 -11, resources raised through equity issues stands at Rs. 58157 crore. Of the Debt issues, Public & Rights Issue stands at Rs. 9451 crore and Private placement at Rs. 218785 crore, Year-wise resources raised by corporate sector from 2006-07 to 2010-11 is given in Table 7.1.

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Table 7.1 Year-wise Resources Raised by Corporate Sector (2006-07 to 2010-11) (Rs. crore) Year Equity Issues* (2) 32901 79739 14272 55054 58157 Debt Issues Public and Right Issues Private Placements ** (3) 605 7290 1500 2500 9451 (4) 145571 212725 202745 212635 218785 Total Resource Mobilisation (Col. 2+3+4) (5) 179078 299754 218517 270190 286394

(1) 2006-07 2007-08 2008-09 2009-10 2010-11(P)

P: Provisional * Includes CCPS and Offer for Sale. ** Includes negligible amount of equity. Source: RBI, SEBI.

63

Chart 7.1

7.1.2 As per provisional estimates, the total resources mobilized by Non-Government Public Ltd. Companies marginally declined to Rs. 24830 crore in 2010-11from Rs. 25479 crore in previous year, whereas the resources

mobilized through new Capital Issues increased to Rs. 16149 crore in 2010-11 from Rs. 14595 crore in 2009-10. Year-wise resources mobilized from 2006-07 to 2010-11 is given in Table 7.2.

Table 7.2 Year-wise Capital Issues by Non-Government Public Limited Companies (2006-07 to 2010-11) (Rs. crore) Year (1)
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Total No. of Issues (2) 117 115 45 68 70

Amount (3) 30603 63638 14671 25479 24830

No. of New Issues (4) 72 80 21 36 49

Amount (5) 25662 37088 2033 14595 16149

2006-07 2007-08 2008-09 2009-10 2010-11(P) P: Provisional Source: RBI

64

Chart 7.2

7.1.3 As per provisional estimates, the resources mobilized from Primary market in 2010-11 increased to Rs. 67609 crore from Rs. 57555 crore in the previous year of which Rs.58105 crore was through Public Issue and Rs. 9503 crore through Rights Issue. The breakup by Issuer type, amount stands at Rs. 22599 crore for Listed companies and Rs. 35559 crore for IPOs. Of the total resources mobilized in 2010-11, Rs. 57617 crore were raised through equities at premium. It may be observed that as per provisional estimates, the resources mobilized through Public Issue increased to Rs 58105 crore in 2010-11 from 49236 in the previous year and resources mobilized

through Rights Issue increased to Rs. 9503 in 2010-11 from Rs 8319 crore in the previous year. However, resources mobilized by listed companies in 2010-11 registered at Rs.22599 crore showed a decline from Rs. 30359 crore in 2009-10. Resources mobilised through Initial Public Offers (IPOs) in 2010-11 stood at Rs. 35559 crore which recorded an increase of Rs.10,863 crore from Rs. 24696 crore in 200910. During the year the amount raised through Equity Issues at premium increased by Rs. 2751 crore from the amount raised in previous year. Year-wise No. of Issues and resources mobilized from primary market from 2006-07 to 2010-11 is given in Table 7.3.

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65

Table 7.3 Year-wise No. of Issues and Resources Mobilized from Primary Market (Rs. crore)
Year (1) Total No of Issues (2) Category-wise Issuer Type (3) (4) Public Rights Listed 4(a) IPOs 4(b) Issue 3(a) Issue 3(b) No Amt No Amt No Amt No Amt 85 92 22 47 68 29796 54511 3582 49236 58105 39 32 25 29 23 3710 32518 12637 8319 9503 47 39 25 34 28 5002 44434 12637 30359 22599 77 85 21 39 53 28504 42595 2082 24696 35559 Equities (5) At Par At Premium 5(a) 5(b) No Amt No Amt 2 7 5 1 2 12 387 96 9 50 119 113 40 71 78 32889 79352 14176 54866 57617

No 2006-07 2007-08 2008-09 2009-10 2010-11(P) 124 124 47 76 91

Amt 33508 87029 16220 57555 67609

P : Provisional Note:- Instrument-wise break-up may not tally to the total number of issues, as for one issue there could be more than one instrument. Source: SEBI

Chart 7.3

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7.1.4 Industry wise Classification of Capital raised during the last three years from 200809 to 2010-11 is given in Table 7.4. It may be observed that resources raised by Banking Industry/FI in 2010-11 increased to Rs. 17248 as compared to Rs. 3138 in the previous year. Resources raised by Food Processing Industries in 2010-11 increased by Rs. 802 crore as
66

compared to 2009-10 and in Power Industry resources was not raised in 2010-11 decreased by Rs. 15824 crore as compared to 2009-10. With the exception of Electronic, Plastic, Telecommunication, Information Technology and Paper & Pulp Industries there was increase in resource mobilization in all other Industries in 2010-11 as compared to previous year.

Table 7.4 Industry wise Classification of Capital Raised (Rs. crore) Sl.No. (1) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Industry (2) Banking/FIs Cement & Construction Chemical Electronics Engineering Entertainment Finance Food Processing Healthcare Information Technology Paper & Pulp Plastic Power Printing Telecommunication Textiles Others Total 2008-09 (3) No. Amount 0 0 3 80 4 218 0 0 0 0 2 1156 2 466 0 0 3 144 1 42 0 0 0 0 2 958 0 0 2 100 5 710 22 10845 46 14719 2009-10 (4) No. Amount 6 3138 8 2780 1 36 1 1156 1 50 9 2461 2 1826 2 443 2 1059 4 540 1 35 1 39 6 25293 0 0 0 0 3 237 29 18461 76 57554 2010-11(P) (5) No. Amount 18 17248 3 2841 5 247 0 0 5 1394 4 715 3 2210 1 1245 3 292 1 170 0 0 0 0 4 9469 1 52 0 0 3 207 40 31519 91 67609

P : Provisional Source: SEBI Chart 7.4

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67

7.1.5 A total of Rs. 67609 crore was raised in 2010-11 as compared to Rs. 57554 crore in 2009-10. Higher resource mobilization is observed for large issues. The size wise breakup reveals that an amount of Rs 65735 crore was raised in 2010-11 through issue size exceeding Rs. 100 crore whereas amount raised through issue size of Rs.10 crore-<50 crore and Rs.50 crore-<100 crore were Rs. 455 crore and Rs.

1406 crore respectively. It may be observed that small sized issues were not encouraging in 2010-11 as in previous years. In 2010-11, there was only 1 issue by companies in the category of less than Rs 5 crore and 2 issue in the category of Rs. 5 crore-<Rs. 10 crore. Sizewise Classification of Capital raised during the last five years from 2006-07 to 2010-11 is given in Table 7.5.

Table 7.5 Size-wise Classification of Capital Raised (Rs. crore) Year (1) 2006-07 2007-08 2008-09 2009-10 2010-11(P) Total (2) 124 33508 124 87029 47 76 91 16220 57554 67609 3 4 1 1 1 <5cr (3) 10 16 3 2 2 6 1 1 3 2 5cr-<10cr 10cr-<50cr 50cr-<100cr (4) 45 6 7 24 11 40 33 21 18 13 (5) 1129 920 509 596 455 31 25 6 9 20 (6) Amt.* 2386 1669 445 636 1406 44 61 18 45 55 >100cr (7) No Amt.* 29938 84418 15255 56298 65735

No Amt.* No Amt.* No Amt.* No Amt.* No

P : ProvisionalSource: SEBIAmt.*= Amount Chart 7.5

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68

7.1.6 It is observed that during the year 201011, the total amount of resources mobilized by Public Sector stood at Rs.38223 crore has been higher than the amount of Rs.25078 crore mobilized in the previous year. In contrast, the total amount of Rs. 29385 crore mobilized by Private Sector in 2010-11, registered a decline

from Rs.32477 crore in 2009-10. It may also be observed that in the year 2010-11, the share of Public Sector in the total resource mobilization has been 56.5%. Sector-wise distribution of Capital Mobilized from 2006-07 to 2010-11 is given in Table 7.6 (i).

Table 7.6 (i) Sector-wise Distribution of Capital Mobilized (Amount in Rs. crore) Year No (2) 124 124 47 76 91 Total Amount (3) 33508 87029 16220 57555 67609 No (4) 122 120 47 71 77 Sector Private Amount (5) 31728 67311 16620 32477 29385 No (6) 2 4 0 5 14 Public Amount (7) 1779 19718 0 25078 38223

(1) 2006-07 2007-08 2008-09 2009-10 2010-11(P) Source: SEBI

Chart 7.6 (i)

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69

7.1.7 As regards to resources mobilized by various regions in the current year, the highest mobilization has been observed by Western Region (WR) (Rs. 21479 crore) followed by Eastern Region (ER) (Rs.17190 crore) by

Northern Region (NR) (Rs. 16356 crore) and Southern Region (SR) (Rs. 10097 crore). Regionwise distribution of Capital Mobilized from 2006-07 to 2010-11 is given in Table 7.6(ii).

Table 7.6 (ii) Region wise Distribution of Capital Mobilized (Amount in Rs. crore) Year Total Region Eastern No Amount (6) (7) 5 165 11 1093 5 315 10 4175 8 17190 Western Southern No Amount No Amount (8) (9) (10) (11) 55 22964 36 6706 55 64139 36 5270 21 11202 15 1800 36 15796 13 12870 35 21479 27 10097 Northern No Amount No Amount (1) (2) (3) (4) (5) 2006-07 124 33508 28 3673 2007-08 124 87029 22 16526 2008-09 47 16220 6 2902 2009-10 76 57555 17 24714 2010-11(P) 91 67609 20 16356 Source: SEBI Chart 7.6 (ii)

CHAPTER VII

70

7.1.8 Year-wise Foreign Investment Inflows in India from 2006-07 to 2010-11 is given in Table 7.7. Table 7.7 Foreign Investment Inflows Year Total (A+B) A. Direct Investment (Rs. Crore) (US $ (Rs. Crore) (US $ Million) Million) (2) (3) (4) (5) 135080 29829 103367 22826 249921 62106 140180 34835 110123 23983 173741 37838 332575 70139 179059 37763 281897 61851 138462 30380 B. Portfolio Investment (Rs. Crore) (US $ Million) (6) (7) 31713 7003 109741 27271 (-)63618 (-)13855 153516 32376 143435 31471

(1) 2006-07 2007-08 2008-09 2009-10(P) 2010-11(P)

P: Provisional Note:- Direct investment data for 2006-07 include swap of shares of 3.1 billion. Source: RBI Chart 7.7

CHAPTER VII

71

7.1.9 Trends in FII Investment in India during the years from 2006-07 to 2010-11(P) is given in Table 7.8. Table 7.8 Trends in Foreign Institutional Investors Investment Year Gross Purchases (Rs. Crore) 2 520506 948018 614576 846438 992599 Gross Sales Net Investment (Rs. Crore) (Rs.Crore) 3 489665 881839 660386 703780 846161 4 30841 66179 (-)45811 142658 146438 Net investment (US $ mn.) 5 6821 16442 (-)9837 30253 32226 Cumulative Net Investment (US $ mn.) 6 52478 68919 59082 89335 121561

1 2006-07 2007-08 2008-09 2009-10 2010-11(P) P: Provisional Source: SEBI

Chart 7.8

CHAPTER VII

72

Chapter VIII Financial Aggregates of Corporate Sector

8.1.1 Corporate sector today is one of the major driving forces of economic growth in country. The growing importance of corporate sector demands greater transparency and availability of corporate data in terms of comprehensiveness, reliability and timeliness. The corporate sector is studied for various aspects like its size and composition, growth & restructuring and financial performance focusing on capital structure, profitability measures and debt repayment capacity to ascertain financial vulnerability of Indian companies. It is also studied to assess the impact of regulatory framework which enables to introduce further reforms in regulation of companies. Further, the growth potential of a country is measured through the estimates of gross domestic saving and investment. The estimate of Gross Domestic Saving (GDS) for the Indian economy is compiled for three major institutional sectors viz., public sector, private corporate sector and household sector. The share of private corporate sector to gross domestic savings was in the range of 25 per cent during the Eleventh Five Year Plan. 8.1.2 With the launch of MCA21, the e-governance programme of the Ministry, a huge data repository has been created as a by product of the services provided by the Ministry. A major drive has been taken up to clean, correct and validate the database which has been built up progressively due to e-filing being mandated and transfer of legacy documents forming a part of electronic registry. Having overcome the initial problems of making the e-governance system operational, the focus of the Ministry is now on the data management, mining and its value exploitation by way of introduction of value added series. 8.1.3 As an initial step in this direction, the paid up capital, one of the important and extensively used population parameter of the sector in estimating other financial indicators, has been compiled using the MCA21 data repository.

Methodology
8.2 All companies limited by shares registered under Companies Act, 1956 are required to file their Annual Returns under section 159 and Balance Sheet under Section 220 of the Companies Act. Since the launch of MCA21 and e-filing having been mandated these documents are filed electronically. The financial parameters contained in these documents are captured from the relevant documents and accompanying attachments. To estimate Paid up capital for 2010-11, data of 582816 companies, as available in the electronic registry, was consolidated and aggregated at state as well as industrial activity level. The aggregation is done separately for both public and private companies within government and non government categories. The detailed tables are shown in Statements XII to XXIII.

73

Appendix
Statistical Statements

(I to XXIV)

STATEMENT- I Registration of New Companies Limited by Shares during 2010-11: (Region/State-wise Distribution)
Public (2) 61 8 1 93 102 166 10 22 427 890 0 71 28 21 2 6 0 0 141 4 652 925 28 158 114 440 1 0 3 744 0 176 76 52 172 1 0 477 3036 No. of Companies Private Total (3) (4) 2041 254 145 1023 3179 3854 331 678 15117 26622 24 505 1271 659 15 54 5 22 1442 28 15805 19830 659 4391 2239 16360 25 9 299 23982 18 5640 4695 2242 5446 125 1 18167 88601 2102 262 146 1116 3281 4020 341 700 15544 27512 24 576 1299 680 17 60 5 22 1583 32 16457 20755 687 4549 2353 16800 26 9 302 24726 18 5816 4771 2294 5618 126 1 18644 91637

APPENDIX

(Rs. in crore)

Region/State (1) NORTHERN REGION HARYANA HIMACHAL PRADESH JAMMU & KASHMIR PUNJAB RAJASTHAN UTTAR PRADESH UTTRAKHAND CHANDIGARH DELHI Total EASTERN REGION ARUNACHAL PRADESH ASSAM BIHAR JHARKHAND MANIPUR MEGHALAYA MIZORAM NAGALAND ORISSA TRIPURA WEST BENGAL Total WESTERN REGION CHHATISGARH GUJARAT MADHYA PRADESH MAHARASHTRA DADRA & N HAVELI DAMAN & DIU GOA Total SOUTHERN REGION A & N ISLAND ANDHRA PRADESH KARNATAKA KERALA TAMIL NADU PUDUCHERRY LAKSHDWEEP Total Grand Total

Authorised Capital Public Private Total (5) (6) (7) 125.40 5.90 5.00 23103.35 171.35 386.50 12.40 8.35 2653.69 26471.94 0.00 40.05 90.50 28.05 5.50 8.15 0.00 0.00 104.57 0.75 899.40 1176.97 25.20 295.82 36.06 1578.75 500.00 0.00 6.05 2441.88 0.00 3107.08 3681.28 3623.85 571.88 0.10 0.00 10984.19 41074.98 750.15 25.54 36.41 185.02 255.34 555.47 61.82 85.34 4897.75 6852.84 7.50 116.15 163.17 128.44 13.26 11.39 2.10 10.47 359.23 13.20 2068.16 2893.07 107.00 904.98 1235.31 5274.92 5.13 3.97 79.94 7611.25 11.19 5110.32 2528.50 497.37 2285.20 52.25 0.01 10484.84 27842.00 875.55 31.44 41.41 23288.37 426.69 941.97 74.22 93.69 7551.44 33324.78 7.50 156.20 253.67 156.49 18.76 19.54 2.10 10.47 463.80 13.95 2967.56 4070.04 132.20 1200.80 1271.37 6853.67 505.13 3.97 85.99 10053.13 11.19 8217.40 6209.78 4121.22 2857.08 52.35 0.01 21469.03 68916.98

77

APPENDIX

STATEMENT- II Registration of New Government Companies Limited by Shares during 2010-11: (Region/State-wise Distribution)
Region/State (1) NORTHERN REGION HARYANA HIMACHAL PRADESH JAMMU & KASHMIR PUNJAB RAJASTHAN UTTAR PRADESH UTTRAKHAND CHANDIGARH DELHI Total EASTERN REGION ARUNACHAL PRADESH ASSAM BIHAR JHARKHAND MANIPUR MEGHALAYA MIZORAM NAGALAND ORISSA TRIPURA WEST BENGAL Total WESTERN REGION CHHATISGARH GUJARAT MADHYA PRADESH MAHARASHTRA DADRA & N HAVELI DAMAN & DIU GOA Total SOUTHERN REGION A & N ISLAND ANDHRA PRADESH KARNATAKA KERALA TAMIL NADU PUDUCHERRY LAKSHDWEEP Total Grand Total Public (2) 0 0 1 2 7 6 1 0 4 21 0 0 2 1 0 0 0 0 0 0 2 5 3 3 0 1 0 0 0 7 0 0 1 2 2 0 0 5 38 No. of Companies Private Total (3) (4) 0 0 2 0 0 0 0 0 1 3 0 0 0 1 0 0 0 0 0 0 2 3 0 0 0 2 0 0 0 2 0 3 1 1 0 0 0 5 13 0 0 3 2 7 6 1 0 5 24 0 0 2 2 0 0 0 0 0 0 4 8 3 3 0 3 0 0 0 9 0 3 2 3 2 0 0 10 51 Authorised Capital Public Private (5) (6) 0.00 0.00 5.00 23000.00 125.25 269.00 10.00 0.00 1215.05 24624.30 0.00 0.00 60.00 5.00 0.00 0.00 0.00 0.00 0.00 0.00 150.00 215.00 5.20 20.00 0.00 5.00 0.00 0.00 0.00 30.20 0.00 0.00 5.00 3515.00 10.00 0.00 0.00 3530.00 28399.50 0.00 0.00 2.00 0.00 0.00 0.00 0.00 0.00 100.00 102.00 0.00 0.00 0.00 5.00 0.00 0.00 0.00 0.00 0.00 0.00 5.01 10.01 0.00 0.00 0.00 16.00 0.00 0.00 0.00 16.00 0.00 100.11 5.00 25.00 0.00 0.00 0.00 130.11 258.12

(Rs. in crore) Total (7) 0.00 0.00 7.00 23000.00 125.25 269.00 10.00 0.00 1315.05 24726.30 0.00 0.00 60.00 10.00 0.00 0.00 0.00 0.00 0.00 0.00 155.01 225.01 5.20 20.00 0.00 21.00 0.00 0.00 0.00 46.20 0.00 100.11 10.00 3540.00 10.00 0.00 0.00 3660.11 28657.62

78

STATEMENT- III Registration of New Non-Government Companies Limited by Shares during 2010-11: (Region/State-wise Distribution)
Region/State (1) NORTHERN REGION HARYANA HIMACHAL PRADESH JAMMU & KASHMIR PUNJAB RAJASTHAN UTTAR PRADESH UTTRAKHAND CHANDIGARH DELHI Total EASTERN REGION ARUNACHAL PRADESH ASSAM BIHAR JHARKHAND MANIPUR MEGHALAYA MIZORAM NAGALAND ORISSA TRIPURA WEST BENGAL Total WESTERN REGION CHHATISGARH GUJARAT MADHYA PRADESH MAHARASHTRA DADRA & N HAVELI DAMAN & DIU GOA Total SOUTHERN REGION A & N ISLAND ANDHRA PRADESH KARNATAKA KERALA TAMIL NADU PUDUCHERRY LAKSHDWEEP Total Grand Total No. of Companies Public Private Total (2) (3) (4) 61 8 0 91 95 160 9 22 423 869 0 71 26 20 2 6 0 0 141 4 650 920 25 155 114 439 1 0 3 737 0 176 75 50 170 1 0 472 2998 2041 254 143 1023 3179 3854 331 678 15116 26619 24 505 1271 658 15 54 5 22 1442 28 15803 19827 659 4391 2239 16358 25 9 299 23980 18 5637 4694 2241 5446 125 1 18162 88588 79 2102 262 143 1114 3274 4014 340 700 15539 27488 24 576 1297 678 17 60 5 22 1583 32 16453 20747 684 4546 2353 16797 26 9 302 24717 18 5813 4769 2291 5616 126 1 18634 91586 Authorised Capital Public Private (5) (6) 125.40 5.90 0.00 103.35 46.10 117.50 2.40 8.35 1438.64 1847.64 0.00 40.05 30.50 23.05 5.50 8.15 0.00 0.00 104.57 0.75 749.40 961.97 20.00 275.83 36.06 1573.75 500.00 0.00 6.05 2411.69 0.00 3107.07 3676.28 108.85 561.88 0.10 0.00 7454.18 12675.48 750.15 25.54 34.41 185.02 255.34 555.47 61.82 85.34 4797.75 6750.84 7.50 116.15 163.17 123.44 13.26 11.39 2.10 10.47 359.23 13.20 2063.15 2883.06 107.00 904.98 1235.31 5258.92 5.13 3.97 79.94 7595.25 11.19 5010.22 2523.50 472.37 2285.20 52.24 0.01 10354.73 27583.88 Total (7)

APPENDIX

(Rs. in crore)

875.55 31.44 34.41 288.37 301.44 672.97 64.22 93.69 6236.39 8598.48 7.50 156.20 193.67 146.49 18.76 19.54 2.10 10.47 463.80 13.95 2812.55 3845.03 127.00 1180.81 1271.37 6832.67 505.13 3.97 85.99 10006.94 11.19 8117.29 6199.78 581.22 2847.08 52.34 0.01 17808.91 40259.36

APPENDIX

STATEMENT - IV Non-Government Companies which ceased working: (both liquidated and struck-off during 2010-11): (Region/State-wise Distribution)
Region/State (1) NORTHERN REGION HARYANA HIMACHAL PRADESH JAMMU & KASHMIR PUNJAB RAJASTHAN UTTAR PRADESH UTTRAKHAND CHANDIGARH DELHI Total EASTERN REGION ARUNACHAL PRADESH ASSAM BIHAR JHARKHAND MANIPUR MEGHALAYA MIZORAM NAGALAND ORISSA TRIPURA WEST BENGAL Total WESTERN REGION CHHATISGARH GUJARAT MADHYA PRADESH MAHARASHTRA DADRA & N HAVELI DAMAN & DIU Goa Total SOUTHERN REGION A & N ISLAND ANDHRA PRADESH KARNATAKA KERALA TAMIL NADU PUDUCHERRY LAKSHDWEEP Total Grand Total Public (2) 5 17 2 63 54 554 38 36 93 862 1 1 42 5 0 0 0 0 37 0 298 384 4 7 16 284 0 0 1 312 0 0 10 132 180 1 0 323 1881 No. of Companies Private Total (3) (4) 48 100 47 630 844 2661 206 358 593 5487 3 38 205 118 0 2 2 4 594 0 2388 3354 88 418 278 5504 0 0 11 6299 0 0 1214 1263 515 36 0 3028 18168 80 53 117 49 693 898 3215 244 394 686 6349 4 39 247 123 0 2 2 4 631 0 2686 3738 92 425 294 5788 0 0 12 6611 0 0 1224 1395 695 37 0 3351 20049 Paid up Capital Public Private (5) (6) 0.04 1.63 0.00 7.18 2.31 2.01 0.88 24.87 9.57 48.49 0.00 0.05 1.07 1.04 0.00 0.00 0.00 0.00 1.05 0.00 263.26 266.47 0.39 1.78 4.02 23.67 0.00 0.00 0.05 29.91 0.00 0.00 4.80 13.79 30.71 0.10 0.00 49.40 394.27 0.39 2.89 0.48 24.57 13.50 6.72 0.24 11.71 12.26 72.76 0.54 0.58 4.92 3.78 0.00 0.01 0.02 0.04 14.08 0.00 1342.97 1366.94 2.02 5.18 4.33 127.39 0.00 0.00 0.17 139.09 0.00 0.00 14.27 32.57 17.22 1.82 0.00 65.88 1644.67

(Rs. in crore) Total (7) 0.43 4.52 0.48 31.75 15.81 8.73 1.12 36.58 21.83 121.25 0.54 0.63 5.99 4.82 0.00 0.01 0.02 0.04 15.13 0.00 1606.23 1633.41 2.41 6.96 8.35 151.06 0.00 0.00 0.22 169.00 0.00 0.00 19.07 46.36 47.93 1.92 0.00 115.28 2038.94

STATEMENT - V Companies Limited by Shares at work as on 31st March, 2011: (State-wise Distribution)
Sl. No. (1) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 STATE / UT (2) ANDHRA PRADESH ARUNACHAL PRADESH ASSAM BIHAR CHHATISGARH GOA GUJARAT HARYANA HIMACHAL PRADESH JAMMU & KASHMIR JHARKHAND KARNATAKA KERALA MADHYA PRADESH MAHARASHTRA MANIPUR MEGHALAYA MIZORAM NAGALAND ORISSA PUNJAB RAJASTHAN TAMIL NADU TRIPURA UTTAR PRADESH UTTRAKHAND WEST BENGAL DELHI A & N ISLAND CHANDIGARH DAMAN & DIU D & N HAVELI LAKSHDWEEP PUDUCHERRY Total Public Limited (3) 3901 21 647 467 351 190 4811 828 208 101 218 2046 1281 1255 10897 25 120 9 16 783 1547 1587 5555 25 2151 165 8140 11432 2 703 44 53 0 67 59646 * No. of companies Private Limited (4) 37132 211 5216 6614 3776 4389 35205 8860 1888 1295 3710 34022 15207 12096 134452 114 496 39 170 7545 10155 24189 45538 144 21606 1776 95508 137248 94 4809 120 201 10 1074 654909 ** Total (5) 41033 232 5863 7081 4127 4579 40016 9688 2096 1396 3928 36068 16488 13351 145349 139 616 48 186 8328 11702 25776 51093 169 23757 1941 103648 148680 96 5512 164 254 10 1141 714555 ***

APPENDIX

* Excludes 21909 dormant companies. ** Excludes 148404 dormant companies *** Excludes 170313 dormant companies 81

APPENDIX

STATEMENT- VI Government Companies Limited by Shares at work as on 31st March, 2011: (State-wise Distribution)
Sl. No. (1) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 STATE / UT (2) ANDHRA PRADESH ARUNACHAL PRADESH ASSAM BIHAR CHHATISGARH GOA GUJARAT HARYANA HIMACHAL PRADESH JAMMU & KASHMIR JHARKHAND KARNATAKA KERALA MADHYA PRADESH MAHARASHTRA MANIPUR MEGHALAYA MIZORAM NAGALAND ORISSA PUNJAB RAJASTHAN TAMIL NADU TRIPURA UTTAR PRADESH UTTRAKHAND WEST BENGAL DELHI A & N ISLAND CHANDIGARH DAMAN & DIU D & N HAVELI LAKSHDWEEP PUDUCHERRY Total Public Limited (3) 38 1 24 27 15 11 65 13 10 11 15 66 65 47 107 1 8 1 1 44 8 50 59 5 83 16 68 107 1 18 1 2 0 0 988 * No. of companies Private Limited (4) 30 3 15 4 4 3 3 2 8 4 8 16 30 11 59 0 6 2 2 6 3 2 14 4 8 2 24 29 1 9 0 0 1 15 328 ** Total (5) 68 4 39 31 19 14 68 15 18 15 23 82 95 58 166 1 14 3 3 50 11 52 73 9 91 18 92 136 2 27 1 2 1 15 1316 ***

* Excludes 221 dormant companies. ** Excludes 78 dormant companies. *** Excludes 299 dormant companies.

82

STATEMENT- VII Non-Government Companies Limited by Shares at work as on 31st March, 2011: (State-wise Distribution)
Sl. No. (1) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 STATE / UT (2) ANDHRA PRADESH ARUNACHAL PRADESH ASSAM BIHAR CHHATISGARH GOA GUJARAT HARYANA HIMACHAL PRADESH JAMMU & KASHMIR JHARKHAND KARNATAKA KERALA MADHYA PRADESH MAHARASHTRA MANIPUR MEGHALAYA MIZORAM NAGALAND ORISSA PUNJAB RAJASTHAN TAMIL NADU TRIPURA UTTAR PRADESH UTTRAKHAND WEST BENGAL DELHI A & N ISLAND CHANDIGARH DAMAN & DIU D & N HAVELI LAKSHDWEEP PUDUCHERRY Total Public Limited (3) 3863 20 623 440 336 179 4746 815 198 90 203 1980 1216 1208 10790 24 112 8 15 739 1539 1537 5496 20 2068 149 8072 11325 1 685 43 51 0 67 58658 * No. of companies Private Limited (4) 37102 208 5201 6610 3772 4386 35202 8858 1880 1291 3702 34006 15177 12085 134393 114 490 37 168 7539 10152 24187 45524 140 21598 1774 95484 137219 93 4800 120 201 9 1059 654581 ** Total (5) 40965 228 5824 7050 4108 4565 39948 9673 2078 1381 3905 35986 16393 13293 145183 138 602 45 183 8278 11691 25724 51020 160 23666 1923 103556 148544 94 5485 163 252 9 1126 713239 ***

APPENDIX

* Excludes 21688 dormant companies. ** Excludes 148326 dormant companies. *** Excludes 170014 dormant companies.

83

APPENDIX

STATEMENT- VIII Companies Limited by Shares at work as on 31st March, 2011: (Distribution by Industrial Activity)
Sl.No. (1) 1 2 3 4 5 6 7 8 9 10 Industrial Classification Public Limited (2) Agriculture & Allied Activites Mining & Quarrying Manufacturing Electricity, Gas & Water Companies Construction. Trade, Hotels and Restaurants Transport, Storage & Communication Finance,Insurance,Real Estate & Business Services Community, Personal & Social Services Unclassified Total * Excludes 21909 dormant companies. ** Excludes 148404 dormant companies. *** Excludes 170313 dormant companies (3) 2264 729 18807 1605 4199 5687 1397 16707 2817 5434 59646* No. of companies Private Limited (4) 15134 8244 152635 7031 71137 110672 22095 191566 35978 40417 654909** Total (5) 17398 8973 171442 8636 75336 116359 23492 208273 38795 45851 714555***

84

STATEMENT- IX Government Companies Limited by Shares at work as on 31st March, 2011: (Distribution by Industrial Activity)
Sl.No. (1) 1 2 3 4 5 6 7 8 9 10 Industrial Classification Public Limited (2) Agriculture & Allied Activites Mining & Quarrying Manufacturing Electricity, Gas & Water Companies Construction. Trade, Hotels and Restaurants Transport,Storage & Communication Finance,Insurance,Real Estate & Business Services Community, Personal & Social Services Unclassified Total * Excludes 221 dormant companies. ** Excludes 78 dormant companies. *** Excludes 299 dormant companies (3) 54 46 246 160 65 65 69 129 84 70 988* No. of companies Private Limited (4) 25 26 84 14 27 31 14 52 35 20 328** Total (5) 79 72 330 174 92 96 83 181 119 90 1316***

APPENDIX

85

APPENDIX

STATEMENT- X Non-Government Companies limited by shares at work as on 31st March, 2011: (Distribution by Industrial Activity)
Sl.No. (1) 1 2 3 4 5 6 7 8 9 10 Industrial Classification Public Limited (2) Agriculture & Allied Activites Mining & Quarrying Manufacturing Electricity, Gas & Water Companies Construction. Trade, Hotels and Restaurants Transport,Storage & Communication Finance, Insurance, Real Estate & Business Services Community, Personal & Social Services Unclassified Total * Excludes 21688 dormant companies. ** Excludes 148326 dormant companies. *** Excludes 170014 dormant companies. (3) 2210 683 18561 1445 4134 5622 1328 16578 2733 5364 58658* No. of companies Private Limited (4) 15109 8218 152551 7017 71110 110641 22081 191514 35943 40397 654581** Total (5) 17319 8901 171112 8462 75244 116263 23409 208092 38676 45761 713239***

86

STATEMENT- XI Companies at work 1956-57 to 2010-11

As on 31st Government Companies March Number Estimated Paid-up Capital (Rs. Crore) (1) (2) (3) 1957 74 72.6 1958 91 256.8 1959 104 428.9 1960 125 477.2 1961 142 547.0 1962 154 629.7 1963 160 786.2 1964 176 960.8 1965 183 1114.9 1966 214 1247.7 1967 232 1391.5 1968 241 1559.3 1969 259 1714.9 1970 282 1790.6 1971 314 2064.4 1972 352 2369.1 1973 390 2998.4 1974 450 4645.1 1975 573 4966.0 1976 651 6122.3 1977 701 7174.5 1978 745 8527.6 1979 782 8315.2 1980 825 10070.3 1981 851 11442.6 1982 894 13309.3 1983 943 16734.9 1984 973 19510.6 1985 980 22447.0 1986 1020 27087.8 1987 1053 32872.7 1988 1104 37169.3 1989 1134 42572.4 1990 1160 47450.7 1991 1167 54484.6 1992 1180 57911.0 1993 1190 61163.4 1994 1203 67380.5 1995 1199 73299.5 1996 1216 76962.8 1997 1220 84317.8 1998 1223 88958.9 1999 1229 95918.4 2000 1245 102849.9 2001 1266 109745.6 2002 1261 120505.2 2003 1283 130482.3 2004 1309 146358.3 2005 1328 155814.1 2006 1352 167614*(1136) 2007 1669 199269*(1232) 2008 1628 253124*(1321) 2009 1591 229939*(1372) 2010(R) 1642 277258*(1088) 2011(P) 1316 303740*(1092) Companies Limited by Shares Non-Government Total Companies Companies Number Estimated Paid- Number Estimated Paidup Capital up Capital (Rs. Crore) (Rs. Crore) (4) 29283 28189 27299 26772 26007 24821 25462 25756 26038 26551 26795 27103 27765 28727 30008 31915 33966 37035 40007 42755 45165 47549 50736 55668 61863 71508 81960 93291 108329 123359 139617 157220 179194 200968 223285 249181 275664 304422 352093 407926 449730 483277 510761 541189 567834 587985 610872 640203 678321 730817 742009 767517 785183 834218 713239 (5) 1005.0 1049.5 1086.7 1141.5 1271.5 1389.4 1470.3 1640.0 1727.9 1878.4 2009.8 2114.5 2259.4 2299.9 2439.2 2571.7 2750.1 2985.9 3234.8 3497.2 3705.2 4070.4 4260.0 4536.3 4914.1 5626.2 6321.4 6989.8 8149.7 9506.8 11095.1 12954.8 15131.1 17192.7 20313.3 26731.3 32891.7 46441.4 62719.2 87125.6 106200.8 128689.7 167440.9 215960.4 247501.2 285248.0 326576.4 352432.5 498207.5 451538*(478870) 507291*(534782) 670904*(579411) 689004*(642023) 867867*(519973) 953500*(581724) (6) (7) 29357 1077.6 28280 1306.3 27403 1515.6 26897 1618.7 26149 1818.5 24975 2019.1 25622 2256.5 25932 2600.8 26221 2842.8 26765 3126.1 27027 3401.3 27344 3673.8 28024 3974.3 29009 4090.5 30322 4503.6 32267 4940.8 34356 5748.5 37485 7631.0 40580 8200.8 43406 9619.5 45866 10879.7 48294 12598.0 51518 12575.2 56493 14606.6 62714 16356.7 72402 18935.5 82903 23056.3 94264 26500.4 109309 30596.7 124379 36594.6 140670 43967.8 158324 50124.1 180328 57703.5 202128 64643.4 224452 74797.9 250361 84642.3 276854 94055.1 305625 113821.9 353292 136018.7 409142 164088.4 450950 190518.6 484500 217648.6 511990 263359.3 542434 318810.3 569100 357246.8 589246 405753.2 612155 457058.7 641512 498790.8 679649 654021.6 732169 619152*(480006) 743678 706560*(536014) 769145 924028*(580732) 786774 918943*(643395) 835860 1145125*(521061) 714555 1257240*(582816) No. of Companies Companies Companies Foreign with limited by companies as unlimited Guarantee defined under liability and Sec. 591 of the (No.) Association Companies Act, not for profit 1956 (8) (9) (10) 1364 551 1356 561 1323 572 1180 565 1169 569 1143 564 1153 582 1162 580 1162 582 1161 579 1152 578 1160 581 1188 564 1206 561 1220 543 1242 541 1262 538 1 1294 540 4 1326 510 15 1337 481 43 1356 482 47 1381 473 62 1414 358 78 1447 315 176 1478 300 219 1496 311 252 1536 320 282 1598 326 295 1677 324 298 1739 335 299 1817 371 309 1881 401 319 1954 420 303 2041 469 317 2117 489 330 2192 507 337 2262 529 349 2350 565 375 2416 619 392 2506 679 419 2578 772 420 2652 871 427 2727 956 449 2824 1045 461 2918 1141 479 3007 1285 490 3108 1497 496 3244 1654 496 3432 1840 498 3605 2040 520 3846 2310 559 4039 2609 639 13014 2903 678 7577 3050 437 3600 3127

APPENDIX

* Paid-up Capital data for companies (nos given in parenthesis) as compiled from MCA21. 87

APPENDIX

STATEMENT - XII Paid-up Capital of Companies Limited by Shares as on 31st March, 2010: (State-wise Distribution )

(Revised) (Rs. in crore)

Sl.No.

STATES / UT

Public Limited Private Limited Total No. of Paid up No. of Paid up No. of Paid up Companies Capital* Companies Capital* Companies Capital* (3) 3126 17 448 306 298 154 3254 696 183 79 158 1684 1021 964 9483 9 98 5 13 548 1357 1133 4092 14 1824 147 6815 10267 2 615 40 49 0 56 48955 (4) 39101.05 57.68 3075.85 625.33 3168.67 1640.89 69200.17 27351.81 9904.52 294.24 5749.00 45082.66 6219.20 11762.44 166101.82 117.46 3703.24 20.91 76.69 8425.89 9662.20 16280.60 54555.40 406.52 41436.53 4911.97 45996.64 155577.52 4.59 2511.00 379.62 1979.22 0.00 258.70 735640.03 (5) 22094 105 3351 4195 2672 2917 25762 5446 1311 844 2517 22627 10030 8344 98473 43 318 8 72 5076 8073 16836 30533 71 15166 1144 73201 106316 48 3593 86 147 5 682 472106 (6) 32550.90 47.29 1836.28 896.35 1582.81 1408.75 17615.42 8520.27 1381.28 286.95 2929.12 30001.83 5774.44 3526.44 103041.37 20.33 369.71 25.26 21.05 2121.46 3315.40 4118.03 38902.61 74.16 5347.13 545.92 33728.99 106679.06 16.81 1197.16 159.67 138.44 6.54 1298.06 409485.29 (7) 25220 122 3799 4501 2970 3071 29016 6142 1494 923 2675 24311 11051 9308 107956 52 416 13 85 5624 9430 17969 34625 85 16990 1291 80016 116583 50 4208 126 196 5 738 521061 (8) 71651.95 104.97 4912.13 1521.68 4751.48 3049.64 86815.59 35872.08 11285.80 581.19 8678.12 75084.49 11993.64 15288.88 269143.19 137.79 4072.95 46.17 97.74 10547.35 12977.60 20398.63 93458.01 480.68 46783.66 5457.89 79725.63 262256.58 21.40 3708.16 539.29 2117.66 6.54 1556.76 1145125.32

(1) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

(2) ANDHRA PRADESH ARUNACHAL PRADESH ASSAM BIHAR CHHATISGARH GOA GUJARAT HARYANA HIMACHAL PRADESH JAMMU & KASHMIR JHARKHAND KARNATAKA KERALA MADHYA PRADESH MAHARASHTRA MANIPUR MEGHALAYA MIZORAM NAGALAND ORISSA PUNJAB RAJASTHAN TAMIL NADU TRIPURA UTTAR PRADESH UTTRAKHAND WEST BENGAL DELHI A & N ISLAND CHANDIGARH DAMAN & DIU D & N HAVELI LAKSHDWEEP PUDUCHERRY TOTAL

*Paid-up Capital is worked out on the basis of the companies data available on the MCA Portal.

88

STATEMENT - XIII Paid-up Capital of Government Companies Limited by Shares as on 31st March, 2010: (State-wise Distribution )
Sl.No. STATES / UT

APPENDIX

(Revised) (Rs. in crore)

(1) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

Public Limited Private Limited Total No. of Paid up No. of Paid up No. of Paid up Companies Capital* Companies Capital* Companies Capital* (2) (3) (4) (5) (6) (7) (8) ANDHRA PRADESH 31 6224.58 14 8099.36 45 14323.94 ARUNACHAL PRADESH 1 5.00 3 3.16 4 8.16 ASSAM 23 1617.70 14 421.18 37 2038.88 BIHAR 14 182.03 4 104.33 18 286.36 CHHATISGARH 11 52.33 4 388.00 15 440.33 GOA 11 215.00 1 0.62 12 215.62 GUJARAT 53 30865.68 1 0.01 54 30865.69 HARYANA 13 14477.46 2 117.08 15 14594.54 HIMACHAL PRADESH 8 4236.91 8 636.08 16 4872.99 JAMMU & KASHMIR 9 188.34 2 5.01 11 193.35 JHARKHAND 12 3161.43 7 2130.35 19 5291.78 KARNATAKA 58 22596.89 6 12.68 64 22609.57 KERALA 59 2067.55 25 578.36 84 2645.91 MADHYA PRADESH 37 8135.42 9 242.99 46 8378.41 MAHARASHTRA 96 24457.21 45 516.60 141 24973.81 MANIPUR 2 60.40 0 0.00 2 60.40 MEGHALAYA 4 3282.72 6 103.51 10 3386.23 MIZORAM 1 15.78 2 19.79 3 35.57 NAGALAND 1 12.02 2 1.70 3 13.72 ORISSA 36 3156.79 3 65.24 39 3222.03 PUNJAB 6 600.66 2 0.26 8 600.92 RAJASTHAN 38 9244.79 2 24.06 40 9268.85 TAMIL NADU 50 8473.77 9 60.36 59 8534.13 TRIPURA 5 54.26 3 57.62 8 111.88 UTTAR PRADESH 72 29423.70 5 19.57 77 29443.27 UTTRAKHAND 13 4189.27 2 7.01 15 4196.28 WEST BENGAL 60 15977.53 19 732.88 79 16710.41 DELHI 100 66381.90 18 2384.21 118 68766.11 A & N ISLAND 1 1.00 1 10.97 2 11.97 CHANDIGARH 18 407.95 8 105.63 26 513.58 DAMAN & DIU 1 9.96 0 0.00 1 9.96 D & N HAVELI 1 4.93 0 0.00 1 4.93 LAKSHDWEEP 0 0.00 1 6.50 1 6.50 PUDUCHERRY 0 0.00 15 621.72 15 621.72 T OTAL 845 259780.96 243 17476.84 1088 277257.80

*Paid-up Capital is worked out on the basis of the companies data available on the MCA Portal.

89

APPENDIX

STATEMENT - XIV Paid-up Capital of Non-Government Companies Limited by Shares as on 31st March, 2010: (State-wise Distribution )
Sl.No. STATES / UT

(Revised) (Rs. in crore)

(1) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

Public Limited Private Limited Total No. of Paid up No. of Paid up No. of Paid up Companies Capital* Companies Capital* Companies Capital* (2) (3) (4) (5) (6) (7) (8) ANDHRA PRADESH 3095 32876.47 22080 24451.54 25175 57328.01 ARUNACHAL PRADESH 16 52.68 102 44.13 118 96.81 ASSAM 425 1458.15 3337 1415.11 3762 2873.26 BIHAR 292 443.30 4191 792.02 4483 1235.32 CHHATISGARH 287 3116.34 2668 1194.81 2955 4311.15 GOA 143 1425.89 2916 1408.13 3059 2834.02 GUJARAT 3201 38334.49 25761 17615.41 28962 55949.90 HARYANA 683 12874.35 5444 8403.19 6127 21277.54 HIMACHAL PRADESH 175 5667.61 1303 745.20 1478 6412.81 JAMMU & KASHMIR 70 105.89 842 281.94 912 387.83 JHARKHAND 146 2587.57 2510 798.77 2656 3386.34 KARNATAKA 1626 22485.77 22621 29989.15 24247 52474.92 KERALA 962 4151.64 10005 5196.07 10967 9347.71 MADHYA PRADESH 927 3627.03 8335 3283.45 9262 6910.48 MAHARASHTRA 9387 141644.62 98428 102524.73 107815 244169.35 MANIPUR 7 57.06 43 20.33 50 77.39 MEGHALAYA 94 420.52 312 266.20 406 686.72 MIZORAM 4 5.13 6 5.47 10 10.60 NAGALAND 12 64.67 70 19.35 82 84.02 ORISSA 512 5269.10 5073 2056.22 5585 7325.32 PUNJAB 1351 9061.54 8071 3315.13 9422 12376.67 RAJASTHAN 1095 7035.81 16834 4093.97 17929 11129.78 TAMIL NADU 4042 46081.64 30524 38842.25 34566 84923.89 TRIPURA 9 352.25 68 16.54 77 368.79 UTTAR PRADESH 1752 12012.83 15161 5327.57 16913 17340.40 UTTRAKHAND 134 722.71 1142 538.91 1276 1261.62 WEST BENGAL 6755 30019.11 73182 32996.11 79937 63015.22 DELHI 10167 89195.62 106298 104294.87 116465 193490.49 A & N ISLAND 1 3.59 47 5.84 48 9.43 CHANDIGARH 597 2103.05 3585 1091.54 4182 3194.59 DAMAN & DIU 39 369.66 86 159.67 125 529.33 D & N HAVELI 48 1974.29 147 138.44 195 2112.73 LAKSHDWEEP 0 0.00 4 0.04 4 0.04 PUDUCHERRY 56 258.70 667 676.34 723 935.04 TOTAL 48110 475859.08 471863 392008.44 519973 867867.52

*Paid-up Capital is worked out on the basis of the companies data available on the MCA Portal.

90

STATEMENT - XV Paid up Capital of Companies Limited by Shares as on 31st March, 2010: (Distribution by Industrial Activity)
(Revised) (Rs. in crore) Sl.No. Industrial Classification Public Limited No. of Companies (1) 1 2 3 4 5 6 7 8 9 10 (2) Agriculture, Forestry and Fishing Mining & Quarrying Manufacturing Electricity, Gas & Water Companies Construction. Trade, Hotels and Restaurants Transport,Storage and Communications Finance,Insurance,Real Estate & Business Services Community, Personal & Social Services Unclassified TOTAL (3) 1569 608 15916 1225 3234 4822 1118 13275 2297 4891 48955 Private Limited Total Paid up Capital* (8) 9859.71 24051.29 326363.07 160128.67 116479.25 67672.90 40654.01 212969.56 61690.37 125256.49 1145125.32

APPENDIX

Paid up No. of Paid up No. of Capital* Companies Capital* Companies (4) 5481.86 18096.35 202437.24 143603.38 69393.61 24690.96 26286.40 116241.96 42973.40 86434.87 735640.03 (5) 10641 5674 119617 3674 50847 77641 15812 127904 23039 37257 472106 (6) 4377.85 5954.94 123925.83 16525.29 47085.64 42981.94 14367.61 96727.60 18716.97 38821.62 409485.29 (7) 12210 6282 135533 4899 54081 82463 16930 141179 25336 42148 521061

*Paid-up Capital is worked out on the basis of the companies data available on the MCA Portal.

91

APPENDIX

STATEMENT - XVI Paid up Capital of Government Companies Limited by Shares as on 31st March, 2010: (Distribution by Industrial Activity)
(Revised) (Rs. in crore) Sl.No. Industrial Classification Public Limited No. of Companies (1) 1 2 3 4 5 6 7 8 9 10 (2) Agriculture, Forestry and Fishing Mining & Quarrying Manufacturing Electricity, Gas & Water Companies Construction. Trade, Hotels and Restaurants Transport,Storage and Communications Finance,Insurance,Real Estate & Business Services Community, Personal & Social Services Unclassified TOTAL (3) 53 40 214 125 56 64 43 117 74 59 845 Private Limited Total Paid up Capital* (8) 653.08 12067.73 57475.78 106096.03 29555.82 776.12 4406.47 10466.68 21904.14 33855.95 277257.80

Paid up No. of Paid up No. of Capital* Companies Capital* Companies (4) 501.30 9115.34 47661.61 105120.18 28790.96 686.97 4067.08 10009.82 21550.48 32277.22 259780.96 (5) 23 21 66 11 18 21 9 31 25 18 243 (6) 151.78 2952.39 9814.17 975.85 764.86 89.15 339.39 456.86 353.66 1578.73 17476.84 (7) 76 61 280 136 74 85 52 148 99 77 1088

*Paid-up Capital is worked out on the basis of the companies data available on the MCA Portal.

92

STATEMENT - XVII Paid up Capital of Non-Government Companies Limited by Shares as on 31st March, 2010: (Distribution by Industrial Activity)
(Revised) (Rs. in crore)

APPENDIX

Sl.No.

Industrial Classification

Public Limited No. of Companies

Private Limited

Total Paid up Capital* (8) 9206.63 11983.56 268887.30 54032.64 86923.41 66896.78 36247.54 202502.88 39786.23 91400.54 867867.51

Paid up No. of Paid up No. of Capital* Companies Capital* Companies (4) 4980.56 8981.01 154775.64 38483.20 40602.65 24003.98 22219.32 106232.14 21422.92 54157.65 475859.07 (5) 10618 5653 119551 3663 50829 77620 15803 127873 23014 37239 471863 (6) 4226.07 3002.55 114111.66 15549.44 46320.76 42892.80 14028.22 96270.74 18363.31 37242.89 392008.44 (7) 12134 6221 135253 4763 54007 82378 16878 141031 25237 42071 519973

(1) 1 2 3 4 5 6 7 8 9 10

(2) Agriculture, Forestry and Fishing Mining & Quarrying Manufacturing Electricity, Gas & Water Companies Construction Trade, Hotels and Restaurants Transport,Storage and Communications Finance,Insurance,Real Estate & Business Services Community, Personal & Social Services Unclassified TOTAL

(3) 1516 568 15702 1100 3178 4758 1075 13158 2223 4832 48110

*Paid-up Capital is worked out on the basis of the companies data available on the MCA Portal.

93

APPENDIX

STATEMENT - XVIII Paid-up Capital of Companies Limited by Shares as on 31st March, 2011: (State-wise Distribution)

(Provisional) (Rs. in crore)

Sl.No.

(1) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

Public Limited Private Limited Total No. of Paid up No. of Paid up No. of Paid up Companies Capital* Companies Capital* Companies Capital* (2) (3) (4) (5) (6) (7) (8) ANDHRA PRADESH 3207 49436.10 26512 40625.66 29719 90061.76 ARUNACHAL PRADESH 16 59.39 114 66.12 130 125.51 ASSAM 485 3281.49 3756 1975.76 4241 5257.25 BIHAR 328 589.97 5208 1023.13 5536 1613.10 CHHATISGARH 332 11471.17 3247 1424.13 3579 12895.30 GOA 150 1481.14 3136 1723.03 3286 3204.17 GUJARAT 3263 85243.57 28677 22052.64 31940 107296.21 HARYANA 706 28804.73 6751 10860.88 7457 39665.61 HIMACHAL PRADESH 186 8481.28 1485 1818.20 1671 10299.48 JAMMU & KASHMIR 78 254.43 975 283.31 1053 537.74 JHARKHAND 162 4896.76 3075 3056.63 3237 7953.39 KARNATAKA 1674 49259.71 25757 29775.62 27431 79035.33 KERALA 1026 6571.48 11500 6773.58 12526 13345.06 MADHYA PRADESH 1024 16547.01 9753 4541.82 10777 21088.83 MAHARASHTRA 9367 165235.89 108526 109332.01 117893 274567.90 MANIPUR 7 120.56 49 28.09 56 148.65 MEGHALAYA 105 3697.71 350 402.47 455 4100.18 MIZORAM 5 25.58 13 26.52 18 52.10 NAGALAND 13 76.68 82 26.36 95 103.04 ORISSA 606 7941.08 6081 2820.76 6687 10761.84 PUNJAB 1395 17693.67 8813 4057.16 10208 21750.83 RAJASTHAN 1189 17609.60 19373 4611.10 20562 22220.70 TAMIL NADU 4051 67580.73 34596 40288.62 38647 107869.35 TRIPURA 17 469.26 90 89.14 107 558.40 UTTAR PRADESH 1940 43226.33 18009 5911.25 19949 49137.58 UTTRAKHAND 148 4933.00 1390 656.82 1538 5589.82 WEST BENGAL 7032 57309.36 85408 36742.77 92440 94052.13 DELHI 10202 152969.20 115457 112435.06 125659 265404.26 A & N ISLAND 2 4.59 73 18.22 75 22.81 CHANDIGARH 620 3094.88 4034 1363.64 4654 4458.52 DAMAN & DIU 38 389.52 93 465.66 131 855.18 D & N HAVELI 44 1156.48 167 149.91 211 1306.39 LAKSHDWEEP 0 0.00 8 6.57 8 6.57 PUDUCHERRY 55 277.22 785 1618.02 840 1895.24 TOTAL 49473 810189.57 533343 447050.66 582816 1257240.23

STATES / UT

*Paid-up Capital is worked out on the basis of the companies data available on the MCA Portal. 94

STATEMENT - XIX Paid-up Capital of Government Companies Limited by Shares as on 31st March, 2011: (State-wise Distribution)

APPENDIX

(Provisional) (Rs. in crore)

Sl.No.

(1) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

Public Limited Private Limited Total No. of Paid up No. of Paid up No. of Paid up Companies Capital* Companies Capital* Companies Capital* (2) (3) (4) (5) (6) (7) (8) ANDHRA PRADESH 33 6989.71 16 8145.68 49 15135.39 ARUNACHAL PRADESH 1 5.00 2 2.17 3 7.17 ASSAM 24 1679.03 14 421.18 38 2100.21 BIHAR 13 82.03 4 104.39 17 186.42 CHHATISGARH 10 7989.42 3 28.30 13 8017.72 GOA 11 237.14 1 0.62 12 237.76 GUJARAT 57 36812.01 1 0.01 58 36812.02 HARYANA 13 15367.21 2 117.08 15 15484.29 HIMACHAL PRADESH 8 4240.97 7 882.98 15 5123.95 JAMMU & KASHMIR 8 136.68 2 5.01 10 141.69 JHARKHAND 11 1908.00 8 2130.85 19 4038.85 KARNATAKA 57 22548.29 6 1.63 63 22549.92 KERALA 58 2059.09 26 605.08 84 2664.17 MADHYA PRADESH 37 10537.29 11 244.99 48 10782.28 MAHARASHTRA 94 26575.57 44 441.85 138 27017.42 MANIPUR 1 60.00 0 0.00 1 60.00 MEGHALAYA 8 3283.87 6 103.26 14 3387.13 MIZORAM 1 15.78 2 19.79 3 35.57 NAGALAND 1 12.02 2 1.70 3 13.72 ORISSA 35 3983.60 5 70.92 40 4054.52 PUNJAB 6 972.22 2 0.26 8 972.48 RAJASTHAN 37 9382.27 2 24.06 39 9406.33 TAMIL NADU 51 10370.35 9 60.36 60 10430.71 TRIPURA 5 69.93 4 63.23 9 133.16 UTTAR PRADESH 78 29976.83 5 19.57 83 29996.40 UTTRAKHAND 14 4196.56 2 8.01 16 4204.57 WEST BENGAL 59 22136.18 20 322.91 79 22459.09 DELHI 92 65037.70 16 1917.74 108 66955.44 A & N ISLAND 1 1.00 1 10.97 2 11.97 CHANDIGARH 18 552.16 9 115.64 27 667.80 DAMAN & DIU 1 9.96 0 0.00 1 9.96 D & N HAVELI 1 4.93 0 0.00 1 4.93 LAKSHDWEEP 0 0.00 1 6.50 1 6.50 PUDUCHERRY 0 0.00 15 630.82 15 630.82 TOTAL 844 287232.80 248 16507.56 1092 303740.36

STATES / UT

*Paid-up Capital is worked out on the basis of the companies data available on the MCA Portal. 95

APPENDIX

STATEMENT - XX Paid-up Capital of Non-Government Companies Limited by Shares as on 31st March, 2011: (State-wise Distribution)

(Provisional) (Rs. in crore)

Sl.No.

(1) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

Public Limited Private Limited Total No. of Paid up No. of Paid up No. of Paid up Companies Capital* Companies Capital* Companies Capital* (2) (3) (4) (5) (6) (7) (8) ANDHRA PRADESH 3174 42446.39 26496 32479.98 29670 74926.37 ARUNACHAL PRADESH 15 54.39 112 63.95 127 118.34 ASSAM 461 1602.46 3742 1554.58 4203 3157.04 BIHAR 315 507.94 5204 918.73 5519 1426.67 CHHATISGARH 322 3481.75 3244 1395.83 3566 4877.58 GOA 139 1244.01 3135 1722.41 3274 2966.42 GUJARAT 3206 48431.55 28676 22052.63 31882 70484.18 HARYANA 693 13437.52 6749 10743.80 7442 24181.32 HIMACHAL PRADESH 178 4240.31 1478 935.22 1656 5175.53 JAMMU & KASHMIR 70 117.75 973 278.30 1043 396.05 JHARKHAND 151 2988.75 3067 925.78 3218 3914.53 KARNATAKA 1617 26711.41 25751 29773.99 27368 56485.40 KERALA 968 4512.39 11474 6168.50 12442 10680.89 MADHYA PRADESH 987 6009.71 9742 4296.83 10729 10306.54 MAHARASHTRA 9273 138660.34 108482 108890.15 117755 247550.49 MANIPUR 6 60.56 49 28.09 55 88.65 MEGHALAYA 97 413.84 344 299.20 441 713.04 MIZORAM 4 9.80 11 6.73 15 16.53 NAGALAND 12 64.66 80 24.66 92 89.32 ORISSA 571 3957.48 6076 2749.85 6647 6707.33 PUNJAB 1389 16721.45 8811 4056.90 10200 20778.35 RAJASTHAN 1152 8227.33 19371 4587.04 20523 12814.37 TAMIL NADU 4000 57210.38 34587 40228.26 38587 97438.64 TRIPURA 12 399.33 86 25.91 98 425.24 UTTAR PRADESH 1862 13249.50 18004 5891.69 19866 19141.19 UTTRAKHAND 134 736.44 1388 648.81 1522 1385.25 WEST BENGAL 6973 35173.18 85388 36419.86 92361 71593.04 DELHI 10110 87931.50 115441 110517.33 125551 198448.83 A & N ISLAND 1 3.59 72 7.25 73 10.84 CHANDIGARH 602 2542.72 4025 1248.00 4627 3790.72 DAMAN & DIU 37 379.57 93 465.66 130 845.23 D & N HAVELI 43 1151.54 167 149.91 210 1301.45 LAKSHDWEEP 0 0.00 7 0.07 7 0.07 PUDUCHERRY 55 277.22 770 987.20 825 1264.42 TOTAL 48629 522956.76 533095 430543.10 581724 953499.86

STATES / UT

*Paid-up Capital is worked out on the basis of the companies data available on the MCA Portal. 96

STATEMENT - XXI Paid up Capital of Companies Limited by Shares as on 31st March, 2011: (Distribution by Industrial Activity)
(Provisional) (Rs. in crore) Sl.No. Industrial Classification Public Limited No. of Companies (1) 1 2 3 4 5 6 7 8 9 10 (2) Agriculture, Forestry and Fishing Mining & Quarrying Manufacturing Electricity, Gas & Water Companies Construction. Trade, Hotels and Restaurants Transport,Storage and Communications Finance, Insurance, Real Estate & Business Services Community, Personal & Social Services Unclassified TOTAL (3) 1660 616 15781 1356 3444 4886 1153 13499 2381 4697 49473 Private Limited Total Paid up Capital* (8) 10940.04 20996.02 344165.41 204140.53 125719.26 76356.51 48827.33 233887.34 66135.60 126072.19 1257240.23

APPENDIX

Paid up No. of Paid up No. of Capital* Companies Capital* Companies (4) 5875.26 14966.83 214471.95 179525.79 79159.77 26678.61 31862.16 125532.53 47276.65 84840.02 810189.57 (5) 12023 6485 129303 5048 57813 91589 17776 149557 27453 36296 533343 (6) 5064.78 6029.19 129693.46 24614.74 46559.49 49677.90 16965.17 108354.81 18858.95 41232.17 447050.66 (7) 13683 7101 145084 6404 61257 96475 18929 163056 29834 40993 582816

*Paid-up Capital is worked out on the basis of the companies data available on the MCA Portal.

97

APPENDIX

STATEMENT - XXII Paid up Capital of Government Companies Limited by Shares as on 31st March, 2011: (Distribution by Industrial Activity)
(Provisional) (Rs. in crore) Sl.No. Industrial Classification Public Limited No. of Companies (1) 1 2 3 4 5 6 7 8 9 10 (2) Agriculture, Forestry and Fishing Mining & Quarrying Manufacturing Electricity, Gas & Water Companies Construction Trade, Hotels and Restaurants Transport,Storage and Communications Finance,Insurance, Real Estate & Business Services Community, Personal & Social Services Unclassified TOTAL (3) 52 40 202 136 57 64 50 114 75 54 844 Private Limited Total Paid up Capital* (8) 665.86 10458.17 59293.23 121749.66 33249.84 857.86 6820.20 12001.14 21868.87 36775.53 303740.36

Paid up No. of Paid up No. of Capital* Companies Capital* Companies (4) 512.35 7826.47 49904.23 120524.45 33071.94 766.70 6464.88 11,576.29 21504.46 35081.03 287232.80 (5) 22 23 66 11 20 20 11 28 30 17 248 (6) 153.51 2631.70 9389.00 1225.21 177.90 91.16 355.32 424.85 364.41 1694.50 16507.56 (7) 74 63 268 147 77 84 61 142 105 71 1092

*Paid-up Capital is worked out on the basis of the companies data available on the MCA Portal.

98

STATEMENT - XXIII Paid up Capital of Non-Government Companies Limited by Shares as on 31st March, 2011: (Distribution by Industrial Activity)
(Provisional) (Rs. in crore) Sl.No. Industrial Classification Public Limited No. of Companies (1) 1 2 3 4 5 6 7 8 9 10 (2) Agriculture, Forestry and Fishing Mining & Quarrying Manufacturing Electricity, Gas & Water Companies Construction. Trade, Hotels and Restaurants Transport,Storage and Communications Finance,Insurance, Real Estate & Business Services Community, Personal & Social Services Unclassified TOTAL (3) 1608 576 15579 1220 3387 4822 1103 13385 2306 4643 48629 Private Limited Total Paid up Capital* (8) 10274.18 10537.86 284872.16 82390.86 92469.43 75498.65 42007.13 221886.22 44266.73 89296.65 953499.87

APPENDIX

Paid up No. of Paid up No. of Capital* Companies Capital* Companies (4) 5362.91 7140.36 164567.72 59001.34 46087.83 25911.91 25397.28 113,956.25 25772.19 49758.98 522956.77 (5) 12001 6462 129237 5037 57793 91569 17765 149529 27423 36279 533095 (6) 4911.27 3397.50 120304.44 23389.52 46381.60 49586.74 16609.85 107,929.97 18494.54 39537.67 430543.10 (7) 13609 7038 144816 6257 61180 96391 18868 162914 29729 40922 581724

*Paid-up Capital is worked out on the basis of the companies data available on the MCA Portal.

99

APPENDIX

STATEMENT-XXIV Statement showing the statistics of prosecutions for the year 2010-11
Cases No. of Cases launched No. of No. of caess disposed of Cost outCos. during the Cos. awarded standing involved period 1.4.2010 involved Conviction Acquittal Withdrawl Disposed Total (Rs.) of as on - 31.3.2011 otherwise 1.4.2010 (3) 431 3260 12223 3266 774 2772 645 1322 1728 5751 1289 1012 2972 40 1924 586 4401 416 4905 11432 61149 14943 4320 1809 4541 838 196 206 50 1566 43 17 12 27 467 1653 227 149 51 414 97 46 9 1 1 797 435 228 591 2 87 171 79 14 0 418 2518 408 137 37 0 0 0 0 0 0 0 0 0 72 198 558 122 50 230 0 1032 339 138 0 31 558 188 47 269 5 73 0 27 0 101 6 34 0 0 14 0 31 611 266 94 26 152 1 16 228 0 0 0 0 0 756 159 73 41 0 17 34 0 192 38 39 4 5 34 2 15 108 298 0 14 10 2104 572 27 7 66 0 0 54 1349 122 87 193 69 207 689 1158 120 92 6 361 385 70 261 5 726 10 136 279 377 28 14 531 454 37 15 20 0 0 468 488 329 325 301 82 0 85 67 234 56 211 23 103 20 0 33 156 29,799 73,292 16,400 0 77,500 3,950 0 3,01,500 4,33,500 0 2,26,500 39,100 1,31,800 0 2,60,750 3,35,750 15,500 3,200 5,05,100 (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) 1,72,863 3,49,090 32,800 7,11,000 1,59,000 1,62,954 0 6,03,000 8,68,500 0 4,53,000 1,45,000 6,62,879 7,778 5,32,770 1,80,000 11,18,000 6,71,500 1,71,695 24,143 2,38,570 5437 26,33,641 70,84,542 Fine Number imposed of cases (Rs.) pending as on 31.3.2011 (14) 486 3351 11772 2230 681 2839 639 1055 1531 6020 1150 1149 2681 31 1885 456 4067 438 5087 12710 60258

Sl. No.

Name of ROC

(1)

(2)

Andhra Pradesh

Assam

Bihar

Delhi & Haryana

Goa

Gujarat

Jammu & Kashmir

100

Karnataka

Kerala

10 Maharashtra (Mumbai)

11 Maharasthra (Pune)

12 Madhya Pradesh

13 Orissa

14 Puducherry

15 Punjab, H.P.& Chandigarh

16 Rajasthan

17 Tamil Nadu( Chennai )

18 Tamil Nadu(Coimbatore)

19 Uttar Pradesh

20 West Bengal

Total