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        Corp. Laws, SEBI & IBC

        Violation of Provisions of Companies Act by Companies

        April 24, 2015

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        The Government has taken cognizance of the companies which have violated the provisions of Companies Act, 1956. The details of prosecutions filed and penalty imposed during the relevant period are enclosed as Annexure.

        Annexure

        A.        Details of prosecution filed and penalty imposed, recovered during last three years and current year (upto 20/04/2015) by Registrars of Companies.

        (Figure in Rupees)

        Sl. No.

        Year

        Prosecution Filed

        Penalties Imposed

        1.

        2012-13

        10,837

        60,22,115

        2.

        2013-14

        13,475

        38,09,232

        3.

        2014-15

        5,866

        1,65,32,482

        4.

        2015-16 (upto 20/4/15)

        211

        7,97,500

         

        Total

        30,389

        2,71,61,329

         

        B.        During last three years Serious Fraud Investigation Office has filed 230 complaints in different courts/forums. The year wise break-up is as under. 

        Sl. No.

        Year

        No. of complaints filed

        1.

        2012-13

        50

        2.

        2013-14

        94

        3.

        2014-15

        86

         

        Total

        230

        During this period, in respect of the cases filed by SFIO, conviction has been made in 12 cases wherein fine of approximately ₹ 3 Crore have been imposed. In six cases Directors of the Company concerned have been sentenced to imprisonment for six months.

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

        Companies Act enforcement: prosecutions and penalties enforced, and SFIO prosecutions yielding convictions and director sentences. Enforcement under the Companies Act comprised year wise prosecutions by Registrars of Companies with penalties imposed and recovered, alongside SFIO criminal complaints filed in courts; SFIO prosecutions yielded a limited number of convictions with fines and director custodial sentences, as reported by the Minister of Corporate Affairs.
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Companies Act enforcement: prosecutions and penalties enforced, and SFIO prosecutions yielding convictions and director sentences.

                              Enforcement under the Companies Act comprised year wise prosecutions by Registrars of Companies with penalties imposed and recovered, alongside SFIO criminal complaints filed in courts; SFIO prosecutions yielded a limited number of convictions with fines and director custodial sentences, as reported by the Minister of Corporate Affairs.





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                              Topics

                              ActsIncome Tax
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