TMI BlogCHAPTER XXIX - MISCELLANEOUSX X X X Extracts X X X X X X X X Extracts X X X X ..... ecified in the notice (not being less than fourteen days from the date of service thereon), why the inquiry should not be held against him. Provided that every notice issued under this clause, shall clearly indicate the nature of non compliance or default alleged to have been committed or made by such company and/or person, as the case may be. Provided further that the adjudicating officer may, for reasons to be recorded in writing, extend the period referred to above by a further period not exceeding fourteen days if the company or person (as applicable) satisfies the said officer that it has sufficient cause for not responding to the notice within the stipulated period. (3) If, after considering the cause, if any, shown by such comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s a result of the default; (c) the repetitive nature of the default. (9) All sums realised by way of penalties under the Act shall be credited to the Consolidated Fund of India. (10) The provisions of the Code of Civil Procedure, 1908, Indian Evidence Act, 1872 and the Code of Criminal Procedure, 1973 shall not be applicable to such adjudication proceedings. Appeal against the order of adjudicating officer. 29.2. (1) For the purposes of sub-section (6) of section 454 , every appeal against the order of the adjudicating officer passed under sub-section (3) of section 454 shall be filed in writing with the Regional Director having jurisdiction in the matter within sixty days from the date of receipt of the order of adjudicating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... days thereof. Provided further that the Regional Director may, for reasons to be recorded in writing, extend the period referred to in the first proviso above by a further period of fourteen days if an appellant satisfies the Regional Director that the appellant had sufficient cause for not rectifying the defects within the period of fourteen days referred in the first proviso above. 29.4. (1) On the admission of the appeal, the Regional Director shall serve a copy of appeal upon the adjudicating officer against whose order the appeal is sought along-with a notice requiring such adjudicating officer to file his reply thereto within such period, not exceeding twenty-one days, as may be stipulated by the Regional Director in the said noti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te order and restore the appeal. (5) Every order passed under this rule shall be dated and signed by the Regional Director. (6) A certified copy of every order passed by the Regional Director shall be communicated to the adjudicating officer and to the appellant forthwith and to the Central Government. Application for obtaining status of dormant company. 29.5. For the purposes of sub-section (1) of section 455 , a company may make an application in Form No. 29.2 along with such fee as provided in Annexure B to the Registrar for obtaining the status of a Dormant Company in accordance with the provisions of section 455 after passing a special resolution to this effect in the general meeting of the company. Certificate of sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -section (5) of section 455 for obtaining the status of an active company shall be made in Form No. 29.5 along with such fee as may be provided in Annexure B and shall be accompanied by a return in Form No. 29.4 in respect of the financial year in which the application for obtaining the status of an active company is being filed. Provided that the Registrar shall initiate the process of striking off of the name of the company if the company remains as a dormant company for a period of consecutive five years. (2) Where a dormant company does or omits to do any act mentioned in the Grounds of application in Form no. 29.2 submitted to ROC for obtaining the status of dormant company, affecting its status of dormant company, the directors ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction (1) of section 464, no association or partnership shall be formed, consisting of more than fifty persons for the purpose of carrying on any business that has for its objects the acquisition of gain by the association or partnership or by individual members thereof, unless it is registered as a company under the Act or is formed under any other law for the time being in force. Dissolution of Company Law Board and consequential provisions. 29.13. For the purposes of fifth proviso to sub section (1) of section 466 , the monies in the provident fund, superannuation fund, welfare fund or other fund established by the Company Law Board and relatable to the officers and other employees who have become the officers or employees of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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