New Delhi the 26th March, 2011
G.S.R. (E). – In exercise of the powers conferred by clauses (a) and (b) of sub-section (1) of section 642 read with sections 266A, 266B and 266E of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following rules, further to amend the Companies (Director Identification Number) Rules, 2006, namely:-
1. (1) These rules may be called the Companies (Director Identification Number) Amendment Rules, 2011.
(2) They shall come into force with effect from 27th March, 2011.
2. In the Companies (Director Identification Number) Rules, 2006 (hereinafter referred to as the principal rules), in rule 3,-
(i) for sub-rule (3) the following sub-rule shall be substituted, namely:-
“(3) (a) The applicant shall download Form No. DIN-1 from the portal, fill-in the required particulars sought therein, scan and attach copies of the following documents, namely :-
(b) proof of identity;
(c) proof of residence; and
(d) verification by the applicant for applying for allotment of DIN in the format as specified in Annexure 1 enclosed to the rules.
(b) the form can be digitally signed by a Chartered Accountant or a Company Secretary or a Cost and Works Accountant holding a certificate of practice under the provisions of the Chartered Accountants Act, 1949, the Company Secretaries Act, 1980 and the Cost and Works Accountants Act, 1959 respectively;
(c) the form can also be digitally signed by a Company Secretary in full time employment of the company or by the Managing Director or Director of the company in which the applicant intends to be a director ;
(d) the e-form DIN-1 can also be digitally singed by the applicant by using his or her own Digital Signature Certificate” ;
(ii) for sub-rule (4), the following sub-rule shall be substituted, namely:-
“(4) (a) the applicant shall submit the Form No. DIN-1 on the portal and pay the requisite amount of fees as specified in rule 4 through online mode ;
(b) after successful payment of fee, in case DIN-1 is signed by practicing professional, the system after processing, shall automatically generate the approved DIN and in all other cases, the provisional DIN shall be generated by the system”;
(iii) sub-rule (5) shall be omitted ;
(iv) sub-rule (6) shall be re-numbered as sub-rule (5) and in the subrule(5) as so re-numbered, for the word, brackets and figure “sub-rule (5)”, the word, brackets and figure “sub-rule (4)” shall be substituted ;
(v) sub-rule (7) shall be renumbered as sub-rule (9) and before subrule(7) as so re-numbered, the following sub-rules shall be inserted, namely:-
“(6) In case, where provisional DIN is allotted, the Central Government, on examination, finds such application to be defective or incomplete in any respect, it shall give intimation of such defect or incompleteness noticed electronically, by placing it on the website and by email to the applicant or the person who has filed such application, directing him to rectify such defects or incompleteness by resubmitting the application with in a period of fifteen days.
(7) The Central Government shall give an opportunity to the applicant or the person who has filed such application, for rectification of the defects or incompleteness by resubmitting the application with in the aforesaid period.
(8) (a) In the event, such defect or incompleteness has not been rectified or has been rectified partially or has not been rectified to the satisfaction of the Central Government, despite opportunity provided under sub-rule (7), the Central Government shall either reject or treat and label such application as invalid in the electronic record and shall not take on record such invalid application and in such case, the provisional DIN shall be lapsed.
(b) the action taken under sub-rule (8) shall be informed to the applicant in such mode as specified in sub-rule (5).”.
3. In rule 4, for the words °rackets and figures “sub-rule (6) of rule 3″, the words, brackets and figures sub-rule(5) of rule 3″ shall be substituted.
4. In rule 5, for the words, bracket and figures “sub-rule (6) of rule (3), the words, bracket and figures “sub-rule (5) of rule 3 shall be substituted.
5. In rule(7), -
(i) for sub-rules (2) and (3), the following sub-rules shall be substituted, namely:-
(e) “(2) (a) the director shall download Form No. DIN-4 from the portal and fill-in the relevant changes, scan and attach copy of the proof of the changed particulars in the format as specified in Annexure 2 enclosed to the rules;
(b) the form needs to be digitally signed by a Chartered Accountant or a Company Secretary or a Cost and Works Accountant holding a certificate of Practice under the provisions of the Chartered Accountants Act, 1949, the Company Secretaries Act, 1980 and the Cost and Works Accountants Act, 1959 respectively.
(3) The Director shall submit the Form No. DIN-4 on the portal and there shall be no fee for intimating the changes in particulars in DIN-4.”;
(ii) after sub-rule (3), the following sub-rule shall be inserted, namely:-
“(4) The Central Government, upon being satisfied, through verification of such changed particulars from the enclosed proofs, shall incorporate the said changes and inform the director by way of a letter issued electronically or in any other mode confirming the effect of such change in the electronic database maintained by the Ministry.
6. After rule 7, the following rule shall be inserted, namely:-
“8. Penal action against the applicant in case of false information. –
The provisions of section 628 shall be applicable in respect of any false information furnished by any person in the DIN application or changes thereof.
7. For Forms DIN-1 and DIN-4 the following Forms shall be substituted, namely:-
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