Press Information Bureau

Government of India

Ministry of Corporate Affairs

08-August-2011 18:24 IST

Misuse of Public Issue Funds by Companies

The Minister of State in the Ministry of Corporate Affairs today informed the Rajya Sabha that such complaints relate to misuse of public issue funds by way of diversion of funds, non-fulfillment of terms and conditions for the completion of the projects as per the time schedule given in the prospectus, non-traceability of the companies and their directors; etc;

Replying to a written question the Minister said where any company is found violating the provisions of the Sections 62,63,68 and 628 of the Companies Act, 1956, prosecutions are filed against such companies and their officers in default. In case of non-availability of the companies and their directors, FIRs are filed. If circumstances warrant, private detective agencies are also engaged to trace out the disappeared companies and their directors. The Ministry has also devised e-Form to be filed by the companies which came out with IPO so as to monitor the utilization of funds raised through IPOs and also, to detect the diversion of funds.

During 2007-08, 2008-09 and 2009-10, 11, 27 and 27 cases respectively were filed against the companies for violation of provisions of Sec. 63,68 and 628 of the Act.

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Misuse of public issue funds: prosecutions and enforcement steps including FIRs, tracing and monitoring e forms. Misuse of public issue funds by companies is addressed through criminal and regulatory enforcement where diversion of IPO proceeds, non fulfilment of prospectus commitments, and non traceability of companies or directors result in prosecutions against companies and officers in default, lodging of FIRs, engagement of private detectives to trace disappeared parties, and use of an electronic filing mechanism to monitor and detect diversion of funds.