MCA to review withdrawal of prosecution in cases 10 year old or more as a Special Arrears Clearance Drive.

MCA to review withdrawal of prosecution in cases 10 year old or more as a Special Arrears Clearance Drive. 

Most Immediate

No . 16/37/2017 -Legal
Government of India
Ministry of Corporate Affairs

5th Floor, “A” Wing, Shastri Bhawan,
Dr. R.P. Road, New Delhi-110001

Dated: 25.07.2017

ORDER

Subject: Constitution of two Review Committee (s) for reviewing the 10 year old and above cases of different regions and in office of SFIO for withdrawal of prosecutions – regarding

Pursuant to a reference received from the Hon’ble Minister of Law & Justice and Electronics & IT, Sh. Ravi Shankar Prasad regarding reducing the arrears and backlog of cases in courts and the need to review all pending court cases, a Special Arrears Clearance Drive is initiated in the Ministry.

2. Keeping in view the above, Ministry has decided to constitute two Committees at Head Quarter which will review the cases under their The Committees would review and recommend the details of cases in which prosecutions are required to be withdrawn including the reports submitted by the Regional Director (s) :-

Committee A

The reviewing Committee will consist of the following:-

– Director General of Corporate Affairs – Chairman of Review Committee;

– Joint Director (Insolvency Section)- Convener cum Member

– Joint Director (Policy Section)- Member

This Committee will review the cases of following Regional Director(s).

1. Regional Director (Southern Region)
2. Regional Director (North West Region)
3. Regional Director  (Northern Region)
4. Regional Director (South East Region)

Committee  B

The reviewing Committee will consist of the following:-

• Director General of Corporate Affairs- Chairman;
• Joint Director (Shri Bandopadhyay)  – Convener cum Member; and
• Nominee Joint Director of 0/o SFIO-mEMBER

This Committee will review the cases of following Regional Director (s)/

1. Regional Director (Eastern Region)
2. Regional Director (North East Region)
3. Regional Director (Western Region)
4. Serious Fraud Investigation Office

3. In this regard, Regional Committee (s) are already Copy of the Orders forming such Regional Committee (s) is attached.

4. The following guidelines may be followed while performing the duties assigned to the Committees:-

(i).  The    Committee     may    invite    any    official    person     (s)   having acknowledged expertise in the matters for discussion.

(ii).  The Committee are free to meet on Saturday & Sunday to expedite and complete their task.

(iii).  The Committee are free to visit any office under their jurisdiction to complete their work.

5. The Committee will furnish consolidated as per part (2) above within one month to the Ministry.

6. This has approval of the Competent Authority.

End: As Above.

(Shalini Juneja)
Under Secretary (Legal)

To
All Committee Members

Copy to:-

1. PPS to Secretary, CA
2. PPS to Additional Secretary, CA
3. DGCoA, MCA
4. PS to JS (B)/ JS (K)/ JS (G)/ JS (AC)
5. All Regional Director (s) for necessary action
6. Director, Serious Fraud Investigation It is requested that a Joint Director level officer may be nominated immediately for this Committee.
7. Shri M.S. Narayanan, Assistant Director, Policy Section with the request that a  Joint Director level officer may be  nominated  immediately  for  this Committee.
8. Shri S. Govindarajan, Joint Director, Insolvency Section with the request that a  Joint Director level officer may be  nominated immediately for this Committee.