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    September 11, 2009
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    Regulatory empowerment of cost accountants urged to strengthen pricing oversight and expanded statutory audit and certification roles
    Request for expanded statutory roles for cost and management accounting professionals to support price stabilization and strengthen enterprise governance by implementing Expert Group recommendations. Key proposals include redrafting cost accounting and audit provisions to remove anomalies with company law, permitting cost accountants to attest and certify statements under Revised Schedule VI, inclusion of cost accountants in LLP audits and within the definition of "Accountants" under the Direct Tax Code, representation in the IFRS Expert Group, addition of the cost accountant designation to MCA-21 Form I, and renaming the institute for global alignment.
    September 10, 2009
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    Formation of Non Profit Investment Promotion Company approved to centralize and facilitate foreign direct investment promotion.
    Approval creates Invest India as a Section 25 non profit joint venture to promote and facilitate FDI, with a Board equally representing the Department of Industrial Policy and Promotion and the industry partner, a DIPP non executive Chair, an appointed Managing Director, and administrative support from the private partner. Initial equity and funding arrangements provide majority private participation with phased reduction of the Central share and equity induction by State Governments; DIPP's contribution will be funded from its investment promotion scheme.
    September 8, 2009
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    Foreign direct investment approvals noted alongside deferrals, rejections, automatic route advices and an escalation for higher approval.
    Nine foreign investment proposals were approved to permit foreign equity participation, ex post facto regularisation, establishment of wholly owned subsidiaries, increases in foreign equity caps, and issuance of securities, with specific proposals identified for compliance with existing press note guidance. Concurrently, thirteen proposals were deferred for further scrutiny, five were rejected, three withdrawn, six advised for the automatic route, and one escalated for higher level consideration.
    July 16, 2009
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    Societies registration enables establishment of a corporate affairs institute to provide capacity building and regulatory support.
    The Indian Institute of Corporate Affairs is constituted as an institutional vehicle to support corporate governance, reform and regulation and is registered under the Societies Registration Act, 1860, providing the legal basis for advisory, capacity building and service delivery activities; it functions as a holistic think tank focused on knowledge management, global partnerships and real-time solutions and is operating from Paryavaran Bhawan, CGO Complex, New Delhi.
    July 14, 2009
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    Regulation of valuation professionals proposed via autonomous institute to standardize business valuation, certification and disciplinary oversight.
    Recommendation to establish an autonomous Institute of Valuation Professionals to regulate and professionalise valuation through a Council, independent disciplinary and quality review, a common certifying examination, uniform technical standards, and statutory emphasis on business valuation with integration of specialists for physical assets.
    May 4, 2009
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    Trade mark fees and form framework defining application, renewal, opposition and expedited filing procedures and charges.
    Schedule prescribes the fee and form framework for trade mark filings, prosecutions, renewals, restorations, special mark registrations, oppositions and ancillary services. It distinguishes single-class and multi-class filings, sets per-mark and per-class charges for series, collective, certification and textile marks, and lists fees for oppositions, counterstatements, extensions, transfers, registration of users, searches, certified copies, expedited services and agent registration, mapping each payable instance to a specific form.
    February 20, 2009
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    Inspection powers under the Companies Act enable government inspections and public electronic disclosure of audited company accounts.
    Government uses inspection powers under section 209A of the Companies Act, 1956 to inspect company books on complaint or other information of non compliance, with suitable legal action taken for violations; 263 companies were inspected between 1.4.2003 and 31.1.2009. An electronic registry publishes filed and audited accounts; auditors are appointed by statute and regulated under the Chartered Accountants Act, 1949, while company secretary certification and regulation apply for listed companies under the Company Secretaries Act, 1980. Amendments in 2006 strengthened disciplinary mechanisms and Accounting Standards were notified; the Companies Bill, 2008 was introduced to further strengthen checks against irregularities.
    February 19, 2009
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    Corporate disclosure integrity strengthened through auditor peer review and event based disclosures to curb financial reporting misstatements.
    Investigations were initiated into material misstatements in a listed company's financial accounts, with regulators inspecting auditors' documents, company records and promoters' statements, while the securities regulator mandated a panel-led peer review of auditors' working papers and amended rules requiring event-based and periodic disclosures on promoters' share pledging to strengthen auditor oversight and transparency.
    February 14, 2009
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    Company disclosure obligations trigger investigation and statutory enforcement including document requisition and management remedies.
    Allegations of falsified financial statements at Satyam led the Government to order SFIO investigations under Section 235 and to empower Inspectors under Section 240(1A) and 240(2)(b) to obtain documents and examine on oath entities including Maytas Properties, Maytas Infra and 356 connected persons; the action proceeds within the statutory framework requiring true and fair disclosures, independent statutory audits, company secretary certification for listed entities, and governmental inspection and remedial powers under the Companies Act, subject to Company Law Board approvals.

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      Corp. Laws, SEBI & IBC

      Inspection of Companies

      February 20, 2009

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      Government orders inspections under Sec. 209A of the Companies Act, 1956 of the books of accounts of companies selected on account of complaints or other information relating to non-compliance with or violation of the provisions of the Companies Act, 1956 or other irregularities. Suitable action under the law is taken in case any non-compliance/ violation of the Companies Act comes to notice with regard to any company on the basis of inspection reports.

      263 companies were inspected on the basis of complaints received against them from 1.4.2003 to 31.1.2009. The list of companies is attached and marked as Annex A.

      Disclosures about the affairs of companies intended to inform the stakeholder the truth about the state of affairs of companies, have been mandated under the Companies Act, 1956.  To facilitate making of such disclosures by companies, and for stakeholders and regulatory agencies to easily access and view them, Government has set up an electronic registry with round the clock access through internet.  The Government has powers of inspection of the books of accounts of companies and also to investigate their affairs, if need be, under the Companies Act, 1956.  In addition, the Act provides for appointment of independent, statutory auditors to audit the accounts and report to the shareholders.  Such audited accounts are also displayed on the electronic registry for general viewing.  While the reporting requirements are regulated under the Companies Act, 1956, the conduct of auditors is regulated under the Chartered Accountants Act, 1949.  In addition, for listed companies, compliance with these statutory requirements is required to be certified by a company secretary in practice, who in turn is regulated under the Company Secretaries Act, 1980.  Government has amended the Chartered Accountants Act, 1949 and the Company Secretaries Act, 1980 in 2006 to provide for a more effective disciplinary mechanism to deal with cases of misconduct by Chartered Accountants and Company Secretaries respectively.  In 2006, the Government has notified Accounting Standards to enable accounts of companies to be drawn up and disclosed on the basis of fair, transparent and internationally accepted principles.

      The Government has also introduced the Companies Bill, 2008 in the Lok Sabha to provide for a comprehensive revision of the Companies Act, 1956 including, inter alia, provisions that would enable more effective checks against irregularities/frauds by companies.  

      Annex  A

      Names of companies inspected on the basis of complaints

      From 1.4.2003 to 31.1.2009

      S.No.

      Name of the Company

       

      Venus Cements Ltd

       

      Bharat Fuel Company Ltd

       

      SR Industries Ltd

       

      Majestic Industries Ltd

       

      Shrenik Commercial Co Ltd

       

      Deep Special Steals Ltd

       

      Ashiana Agro Industries Ltd

       

      Shruti Synthetics Ltd

       

      PFG Ltd

       

      Kashi Ispat Pvt Ltd

       

      Viswkarma Cements Ltd

       

      Sharman woolen mills Ltd

       

      Arihant Threads Ltd

       

      Bansware Syntex Ltd

       

      Visisth Chay Vyapar Ltd

       

      Druckgrafen India Ltd

       

      Multimetals Ltd

       

      UP Digitals Ltd

       

      Majestic Securities Ltd

       

      Shree Rajasthan Syntex Ltd

       

      Mesco Pharmaceuticals Ltd

       

      Banaras Beeds Ltd

       

      Modern Syntex (India) Ltd

       

      Delta Colonisers Ltd

       

      Morepen Laboratories Ltd

       

      Versatile Plantaitons Ltd

       

      Vardhman Engineering Co. Pvt. Ltd

       

      Modella Knitwear Ltd

       

      Ashoka Polyfabrics Pvt Ltd.

       

      Modern Denim Ltd

       

      Status Management Services Ltd

       

      Classic Shoes Pvt Ltd

       

      Standard Appartments Pvt Ltd

       

      Rajgah Investments Ltd

       

      Rajasthan Breweries Ltd

       

      Cossets Marketing Pvt Ltd

       

      Arihant Industries Ltd

       

      Thapar Spining Mills Ltd

       

      Arihant Corporation Ltd

       

      Escorts Finance Investment and Leasing Pvt Ltd

       

      Shree Cements Ltd

       

      Selfridge Automobile Leasing and Industries Ltd

       

      Saimoh Auto Links Ltd

       

      Hari parvat Merry Land & Resorts Ltd

       

      Raymeb labs Ltd

       

      Autopal Industries Ltd

       

      Escorts Ltd

       

      JCT Ltd

       

      Dragon Fisheries Ltd

       

      Mohan Meakin Ltd

       

      Bhushan Steel & Strips Ltd

       

      Rayban sun optics India Ltd

       

      Modern Terry Towel Ltd

       

      Modern Threads (India) Ltd

       

      Rajindra Gymkhana & Mahindra Club Ltd

       

      Mukerian Papers Ltd

       

      Urban Improvement Co Pvt Ltd

       

      ETI Travel and Technologies Pvt. Ltd

       

      Escorts Finance Ltd

       

      Sun City Projects Pvt Ltd

       

      Kalyani Finance Ltd

       

      Sagar Edutech Private Limited

       

      DCM Financial Services Limited

       

      SRG Infotech Ltd

       

      Numatic Tubes Pvt. Ltd

       

      Majestic Metaliks Limited

       

      NIIT Limited

       

      Doctor Morepen Limited

       

      Harprashad Co Private Limited

       

      South Delhi Club Limited

       

      DCM Limited

       

      Associated Chemical & Industries Ltd

       

      Basti Sugar Mills Limited (RVD)

       

      Govind Sugar Mills Ltd(RVD)

       

       Ahluwalia Contracts (India) Limited

       

      Petunia Finance Services Private Limited

       

      Niketan Traders Private Limited

       

      Shakun Enterprises Private Limited

       

      Cross Trading Private Limited

       

      KMG Milk Foods Limited

       

      Radico Khaitan Ltd

       

      U.P.Laminators Private Limited

       

      Keshav Foods Ltd

       

      AMRIT agro Industries Ltd

       

      Kailash Motors Finance P Ltd

       

      Middle East Estate Builders Private Limited

       

      Commercial Automobiles Private Limited

       

      Jaiprakash Associates Ltd

       

      Kailash Motors Private Ltd

       

      Commercial Engineers and Body Builders Company pvt Ltd

       

      Reckitt Benckiser India Limited

       

      U.G.Hotels and Resorts Ltd

       

      STL Global Ltd(Shivalik Global Ltd)                

       

      Kailas Rubber Company Ltd

       

      Nagarjuna Finance Ltd

       

      Spectrum Power Generation Ltd

       

      Shruti Oil Industries Ltd

       

      Jumbo Bag Limited

       

      Trichur Heart Hospital Ltd

       

      Param Finance & Securities Ltd

       

      Swadharma Swarajya Sangha

       

      The Cochin Malabar Estates and Industries Ltd

       

      Pentafour Products Ltd

       

      The Pentafour Solac Technologies Ltd

       

      Arudhra Paper and Board Ltd

       

      The Nonsuch Tea Estates Ltd

       

      Pioneer Bake House P Ltd

       

      Anupama Homes P Ltd

       

      Nagarjuna Fertilisers & Chemicals Ltd

       

      Automobile Association of Southern India

       

      ACI Limited

       

      Teaktex Processing Complex Limited

       

      The Madura Hindu Permanent Fund Ltd

       

      Kirloskar Investment & Finance Ltd

       

      Electrex (India) Ltd

       

      NEPC India Ltd

       

      Ootacamund Club

       

      Al-Ameen Internatioanl Ltd

       

      Prasad Productions Ltd

       

      S&S Industries & Enterprises Ltd

       

      Kumbakonam Mutual Benefit Fund Ltd

       

      Reymound Commodities P Ltd

       

      Hyderabad Race Club

       

      S.S. Organics Ltd

       

      Manali Petrochemiclas Ltd

       

      Tamilnadu Viswakarma Mutual Benefit Fund Ltd

       

      Saag RR Infra Ltd

       

      Yeshaswi Ltd

       

      Megacity (Bangalore) Developers and Builders Ltd

       

      JR Foods Ltd

       

      Imex Engineering Co. Ltd

       

      Golden Carpets Ltd

       

      Archana Software Ltd

       

      North Madras Benefit Fund Ltd

       

      KalaBhavan Studios Ltd

       

      Central Travancore Specialists Hospitals Ltd

       

      SDF Industries Ltd

       

      First Commodities Exchange of India Ltd

       

      Somatheeram Ayurvedic  Beach Resorts P Ltd

       

      Kumar Mutual Funds Ltd

       

      Navarathna Business Developers P Ltd

       

      SWP Madras Ltd

       

      IGGI Resorts International Ltd

       

      Oriental Hotels Ltd

       

      Maxworth Country (I) Ltd

       

      Leader Software P Ltd

       

      West Coast Paper Mills Ltd

       

      Sujara Universal Industries Ltd

       

      Mode Finance Corporation Ltd

       

      Palmour Agro Complex Ltd

       

      CDR Health Care Ltd

       

      Fourth Generation Systems Ltd

       

      Terry Gold (India) Ltd

       

      Leafin India Limited

       

      Suryajothi Spinning Mills Ltd

       

      Saffire Global Medicare Ltd

       

      Emed.Com Technologies Ltd

       

      Country Club (India) Ltd

       

      Kiran Krishna Agro Tech Limited

       

      Kiran Krishna Real Estates & Constructions Pvt Ltd

       

      G.P.R Housing Limited

       

      Harsha Leafin Commercial Limited          

       

      M/s. Fiat India Pvt. Ltd.

       

      M/s. PCI Chemicals & Pharmaceuticals Ltd.

       

      M/s. Lloyds Finance Ltd.

       

      M/s. G. G. Automotive  Gears Ltd.

       

      M/s. Jyoti Weighing Systems Ltd.

       

      M/s. Saswad Mali  Sugar  Factory Ltd.

       

      M/s. Indusind Bank Limited.

       

      M/s. Indocon Engg. Systems Ltd.

       

      M/s. Swift Finlease (India) Limited.

       

      M/s. Home  Trade One Ltd

       

      M/s. Home Trade Ltd.

       

      M/s. Bombay Oxygen Corporation Ltd.

       

      M/s. National Board of Trade Limited.

       

      M/s. Home Trade Mktg. Ltd.

       

      M/s. Sesa Goa Ltd.

       

      M/s. Sesa  Industries Ltd.

       

      M/s. Vallabh Refactories Ceramics Ltd.

       

      M/s. Reliance Capital Ltd.

       

      M/s. Reliance Consolidated Enterprises P. Ltd

       

      M/s. Kudrat Leasing & Investment P. Ltd.

       

      M/s. Twin Roses  Trades & Angencies Ltd.

       

      M/s. Manna Glass Tech. Industries Ltd.

       

      M/s. Hindustan Systems & Consultants P. Ltd

       

      M/s. Indo Biotech Foods Ltd.

       

      M/s. Good  Value Mrketing Co. Ltd.

       

      M/s. Lloyd Housing Finance Ltd.

       

      M/s. Integrated Amusement Ltd.

       

      M/s. Isibars Ltd.

       

      M/s. Indo Biotech Herbal Products Ltd.

       

      M/s. Blossom Brewaries Ltd.

       

      M/s. Sun Earth Ceramics Ltd

       

      M/s. Mafatlal  Finance Co. Ltd.

       

      M/s. J. F. Laboratories Ltd.

       

      M/s. Sunstar Software System Ltd.

       

      M/s. Blue Information Technology Ltd.

       

      M/s. Phar  East Laboratories Ltd.

       

      M/s. Gujarat Concast Ltd.

       

      M/s. Gujarat Fun & Water Park Ltd.

       

      M/s. International Comptech Engg. Services Ltd.

       

      M/s. Alpic  Finance  Ltd.

       

      M/s. Enrai  Finance  Ltd.

       

      M/s. Gold Multifab Ltd.

       

      M/s. Sterling Biotech Ltd.

       

      M/s. Fastrack Investments Services & Commercial Advisors Ltd.

       

      M/s. Nexus Software Ltd.

       

      M/s. Dynamatic Forgings India Ltd.

       

      M/s. Kanel Oil Exports Ind. Ltd.

       

      M/s. Jayant  Vitamins Ltd.

       

      M/s. Sawaca Communications Ltd.

       

      M/s. Poonam & Patel Construction Ltd.

       

      M/s. Roofit Industries Ltd.

       

      M/s. Earnest Health Care Ltd.

       

      M/s. Indian Seamless Steel & Alloys Ltd.

       

      M/s. Prakash Fortron  & Softech Ltd.

       

      M/s. Enkay Texofoods Ltd.

       

      M/s. Mazda Inds. & Leasing  Ltd.

       

      M/s. Pateja Forgings &  Auto Parts Manufacturers Ltd.

       

      M/s. Saurashtra  Cement Ltd.

       

      M/s. Alpine Industries Ltd.

       

      M/s. Essar Oil Ltd.

       

      M/s. Phil Corpn. Ltd.

       

      M/s. International Finance & Tax Consultants Pvt. Ltd.

       

      M/s. Hanil Era Textiles Ltd.

       

      M/s. Gwalior Polypipes Ltd.

       

      M/s. Benlux Hotels India Pvt. Ltd.

       

      M/s. Manna Glass Tech. Inds. Ltd.

       

      M/s. Lan Eseda Steel Limited

       

      M/s. Joy Apartments Private Limited

       

      M/s. Tainwala Chemicals & Plastics (India) Limited.

       

      M/s. Godrej Industries Limited

       

      M/s.  Bajaj  Hindustan Ltd.

       

      M/s. Essar Steel Ltd.

       

      M/s. Whirlpool (India) Ltd.

       

      M/s. Dynavox Industries Ltd.           

       

      Pashupati Seohung  Limited

       

      Stone India. Limited

       

      SBI Home Finance  Limited

       

      Star Tea Company  Limited

       

      Alliance Management & Fiscal Services Limited

       

      Esskay Telecom  Ltd

       

      Delta International Limited

       

      Idio Construction & Industries (India) Limited

       

      Uniworth Limited

       

      Rexor India limited

       

      T & I Global Limited

       

      Globe Stock & Securities  Limited

       

      Imeco Ltd

       

      Duncan Industries Limited

       

      Perfect Refractories Ltd

       

      Ravico (India) Limited

       

      Happy Valley Tea Company Limited

       

      Capricorn Limited

       

      Doshi Agents Private Limited

       

      Seth Mehta & Co Private Limited

       

      MNR Exports Private Limited

       

      Vister Financiers Private Limited

       

      Jagadishwar Pharmaceuticals Works Ltd

       

      OCL India Limited

       

      Universal Paper Mills Limited

       

      Assambrook Limited

       

      Dunlop India Limited


       

      This information was given by the Minister of Corporate Affairs, Shri Prem Chand Gupta, in a written reply to a question in the Lok Sabha today.

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