TMI BlogScheme for Filing of Statutory Documents and other Transactions by Companies in Electronics ModeX X X X Extracts X X X X X X X X Extracts X X X X ..... e of this size and magnitude, being comprehensive and complex, is bounded to face transactional problems in the initial stages after the roll-out on the ground. As such, it has been found necessary to provide for a stabilization period of one year for the programme till 31-3-2007. (3)(i) The e-Governance programme has been implemented following the BOOT (Built, Own, Operate and Transfer) framework. The project consists of the period required for implementation till roll-out stage at all sites with testing and certification, and the operation period of six years over which payments towards project cost in the form of fixed equated quarterly instalments would be made to the BOOT Operator by the project owner. The BOOT Operator is responsible for:- (a) designing and implementing the project till stage of roll-out at all sites with testing and certification thereof; (b) owning, operating and maintaining the system for a period of six years after successful roll-out at all sites; (c) undertaking necessary replacement investments at the end of the third year/beginning of the fourth year, (ii) M/s. TCS-CMC consortium were selected as the BOOT Operato ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . (3) Issuance of certificates and such other approvals will continue to remain on paper and, as a general rule, will be dispatched by post/courier to the applicant. While the Ministry and its offices would be enabled to provide such approvals through appropriate electronic means with the development of the requisite technical environment to receive and validate electronic documents through appropriate means. (4) Suitable mechanisms are proposed to be evolved to progressively facilitate all transactions from the respective offices of the Ministry with its stakeholders interactively in the electronic mode in respect of matters related to obtaining additional information, clarifications and re-submissions, in addition to filing of statutory documents. 4. Implementation of the Programme (1) Website/Portal and Electronic Registry (a) The Government has created a website; www.mca.gov.in and set up a portal accessible through the internet to enable electronic filing of documents under the scheme. A Data Centre has been set up at Delhi to serve as a Secure Electronic Registry for storage and retrieval of all the records. A Disaster Recovery Centre has also been s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... N has been established even prior to the introduction of the related provisions in the Companies Act, 1956. The process of system generated provisional DIN was introduced to enable the companies to transact their businesses where a reference to the DIN was built into the software as necessary. A number of persons have generated provisional DINs and used such provisional DINs in their filings. The transactions made by the companies using such provisional DINs during the above transition period shall not be invalid on the ground that the provisional DIN holder had not submitted a formal application for the same. However, after the deadline for obtaining a DIN is reached, the system will allow only the regular DIN to be quoted in filings made thereafter. (3) e-Forms (a) Prior to the implementation of the e-Governance programme, all transactions, including statutory filings by companies, were conducted in the manual mode using the prescribe forms which supported submissions in physical paper form. These Forms have been re-engineered and converted into electronic Forms (e-Forms) so as to make the same compatible with the e-Governance processes. The e-Forms have already be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ress to the Central Government at which any communications may be sent in the electronic mode. Accordingly, the companies shall be required to interact through the MCA Portal OR use valid e-mail IDs (for themselves or their authorized representatives) so as to enable the offices of the Central Government to interact with them. This would be necessary for interactions related to provision of clarifications, additional/supplementary information pertaining to a transaction, re-submission of transactions, where called for, and verification of status of the progress of transactions. (7) Attachments (a) The filing of various documents including annual returns and balance sheets envisages attachment of certain documents. Paper source documents will generally need to be scanned/digitized to obtain electronic documents that could be submitted as attachments to e-Forms. Such attachments will need to be in Portable Document Format (PDF). (b) Where companies maintain and submit their Financial statements as part of Annual Returns and the Balance Sheets (e-Form-20B Form-23AC) in electronic formats (such as Microsoft(tm) Word or Excel), the same will need to be converted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of physical files containing company documents available in the concerned RoC offices. The documents, in so far as these are available in digitized form, shall henceforth be available for public inspection through electronic means using the Internet. However, after the implementation of the e-Governance programme, the documents have been filed only in the electronic form and these are available only in electronic form. The users will have the option of looking at an index of documents available in electronic format. The documents can be accessed electronically upon payment of the statutory fees for a limited duration from the time of accessing the first documents of the given company. In case of the documents not available in the electronic repository, the same can be viewed in person from the concerned RoC office in paper form and no fresh payment of fee would be required if the proof of payment for electronic viewing is produced at the RoC office. (11) Requests for certified Copies Requests for certified copies would also be facilitated through electronic means with the implementation of the programme. This functionally is built as an extension of the Inspection of P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncorporated after verification of the supporting evidence. (d) The facility of correction of Company Data has been made available without any charge only for a limited period of time (up to 31-12-2006). Accordingly, all the companies would be requested through public notices (both through the print media and the portal) to view their Company Master Data and take appropriate steps for correcting the same. (e) A similar facility has also been made available in respect of the 'Register of Charges' for the companies. (f) Where, for any reason, a company encounters difficulty in using the new e-Governance programme, it may contact the respective Registrar of Companies or the staff in the Facilitation Centres who will facilitate electronic filing. (13) Investor Complaints and Grievance Handling (a) Suitable forms have been devised for investors to make complaints and for a complainant to seek redressal of his grievances in the electronic mode using the e-Governance programme. The idea behind instituting the electronic submission of complaints is to ensure that complete details of the complaint are obtained so that the facilitation of redress ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the same services under on-line payment system, or payments made in excess of those prescribed, a refund process is proposed to be introduced whereby the refunds could be allowed in cases of duplicate/excess payments in genuine cases. However, the cases in which such requests for refunds would be entertained would be specifically indicated in the refund process. (15) Availability of Services and Sustainability (a) The Government has put in place processes for taking the documents electronically filed by the companies on record, complete the processing thereof and maintain the records in the Electronic Registry for access to the public and to the Central Government as per requirement. (b) To ensure sustainable performance of the e-Governance solution, the Government has established a six-year operating period with the selected Operator. Beyond this period, Ministry would evolve a suitable structure to seamlessly operate the same. Such a structure could include setting up of a Special Purpose Vehicle (SPV) and could entail introduction of user charges for sustaining the operations by such an entity. (c) The services under the e-Governance project sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ystem to an e-Governance system, extensive facilitation and help would be needed by the stakeholders. With this in mind, help system has been provided at three levels: (a) through a central call centre with phone numbers published on the MCA portal; (b) e-mail facility that can be accessed through the portal; (c) at the various Front Offices/Facilitation Centres. (18) Performance factors (a) It is expected that the responses provided would be resulting from the combined performance levels of the system responses (including system availability), performance of the facilitation centres, the time-lines of payment acknowledgements from Banks and the processing time required by the offices of MCA. The Government will progressively evolve monitorable and measurable levels of performance at each level so that the overall efficiencies in services delivery standards could be measured against services benchmarks comparable with those obtaining in the developed economies of the world. (b) Presently, these service levels are defined in the Citizen Charter. It is expected that there would be improvement over the time-lines mentioned in the Citizen ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
