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
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under their The Committees would review and recommend the details of cases in which prosecutions are required to be withdrawn including the reports submitted by the Regional Director (s) :-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).
Committee B
The reviewing Committee will consist of the following:-
This Committee will review the cases of following Regional Director (s)/
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:-
The prima facie satisfaction u/s 148 cannot be stretched to a non-existing information or incorrect information - ITAT In a…
Mutual Funds to value physical Gold and Silver by using the polled spot prices published by the recognized stock exchanges…
Supreme Court allows simultaneous CIRP proceedings against principal debtor and its corporate guarantor, declines to frame any guidelines In a…
Merely because assessee had declared sales for only one month, the same cannot be treated as bogus on the basis…
ITAT deleted addition as the method of accounting had been accepted by the department in earlier years and the entire…
Orders passed under Benami Act cannot be challenged under Insolvency and Bankruptcy Code, 2016 - SC In a recent judgment,…