The Registrar of Companies (ROC), Bihar, imposed penalties on Tilak Proficient Nidhi Limited (CIN: U65100BR2008PLC014086) and its directors for violating Section 118 of the Companies Act, 2013, which mandates the proper maintenance of minutes books for General Meetings and other company meetings. The company, incorporated on December 2, 2008, failed to maintain these records from its incorporation date through the current financial year. This non-compliance was identified during an inspection.
Following the detection of the violation, the ROC issued a notice to the company and its directors on August 14/20, 2024. A response was received from an ex-director, Chittranjan Kumar, requesting a hearing. Subsequently, a “Notice of Hearing” was issued for April 17, 2025. During the hearing, two directors, Prasun Kumar Pankaj and Suresh Kumar Bhakta, appeared, but no submission was made to address the non-compliance. Consequently, the ROC concluded that the company and its directors had contravened Section 118 of the Companies Act, 2013, making them liable for penalties under Section 118(11) of the Act. As Tilak Proficient Nidhi Limited is a Nidhi Company, it does not qualify as a small company under Section 2(85) of the Companies Act, 2013, therefore, the provision for imposing a lesser penalty under Section 446B was not applicable.
Penalties were levied on both the company and its directors individually. Tilak Proficient Nidhi Limited was fined ₹25,000 for the non-maintenance of minutes books since its incorporation. Additionally, penalties of ₹5,000 each were imposed on nine current and former directors, including Chittranjan Kumar, Kiran Pankaj, Kumar Mangalam Pankaj, Prasun Kumar Pankaj, Santosh Kumar, Sharmila Kumari, Suresh Kumar Bhakta, and Upendra Prasad, based on their respective periods of default. The total penalty for each director was ₹5,000. The order directs the company and its directors to pay their respective penalties through e-payment on the Ministry of Corporate Affairs website within 90 days. An appeal against this order can be filed with the Regional Director (ER), Ministry of Corporate Affairs, Kolkata, within 60 days of receiving the order. The order also referenced Section 454(8) of the Act regarding non-compliance and serves as an intimation under Section 20 of the Companies Act, 2013.
Government of India
Ministry of Corporate Affairs
Office of the Registrar of Companies, Bihar
4th Floor, ‘A’ Wing, Maurya Lok Complex
Dakbunglow Road, Patna-800001
(0612)- 2216150/2950121
Order No. ROC/PAT/Sec. 118/ 14086/227 to 236 Dated: 30.05.2025
Order for penalty for violation of section 118 of the Companies Act, 2013
TILAK PROFICIENT NIDHI LIMITED
CIN: U65100BR2008PLC014086
Company:-
1. Whereas, Company M/s. Tilak Proficient Nidhi Limited, CIN- U65100BR2008PLC014086 (herein after known as Company) is a company incorporated on 02.12.2008 under the provisions of Companies Act, 1956 in the state of Bihar and having its registered office situated at Proficient Complex, Patel Chowk, Gaushala Road, Khagaria, Bihar, 851204, India as per MCA website.
Facts about the case:-
2. Whereas, during the course of inspection, it has been noticed that the company and its directors/ officers have not maintained the proper Minutes Books of the Proceedings of General Meeting of Members and other minutes books of the meetings held by the company from date of its incorporation to till current financial year as required under provision of Section 118 of the Companies Act, 2013 read with Rule 25 of the Companies (Management & Administration) Rules, 2014 for which the company and its directors/ officers have violated the provisions of Section 118 of the Companies Act, 2013 read with Rule 25 of the Companies (Management & Administration) Rules, 2014.
3. This office has issued notice for the violation of section 118 of the Companies Act, 2013 to the company and its directors vide letter dated 14/20.08.2024 and a reply is received from one of the ex-director, viz., Chittranjan Kumar vide letter dated 27.08.2024 inter alia requesting for fixing hearing in the matter.
4. Whereas, this office had issued “Notice of Hearing” vide No. ROC/PAT/Sec. 118/14086/03 to 11 dated 02.04.2025 to the company and its directors in default to appear personally or through authorized representative under Rule 3(3), Companies (Adjudication of Penalties) Rules, 2014 on 17.04.2025 at 11.30 AM and also to submit their response, if any, one working day prior to the date of hearing , i.e., 16.04.2025.
5. That, on the date of the hearing, two directors of the company, viz., Prasun Kumar Pankaj and Suresh Kumar Bhakta appeared, however, no submission had been made regarding non-compliance. Hence, it is concluded that the provisions of Section 118 of the Companies Act, 2013 have been contravened by the company and its directors and therefore they are liable for penalty under section 118(11) of the Companies Act, 2013. Section 118(11):- “If any default is made in complying with the provisions of this section in respect of any meeting, the company shall be liable to a penalty of twenty-five thousand rupees and every officer of the company who is in default shall be liable to a penalty of five thousand rupees.”
6. It is seen that, the company being a Nidhi Company does not fall under the definition of small company as per provision of section 2(85) of the companies Act, 2013. Therefore, the provision of imposing lesser penalty as per section 446B shall not be applicable in this case.
ORDER
7. Therefore, having considered the facts and circumstances of the case, and after taking into account the factors above, I hereby impose a penalty on Company, and its Directors as per table Below under section 118(11) of the Act for failure in compliance of section 118(1) of the Companies Act, 2013.
| Nature of Default |
Violation of Section of the Companies Act, 2013 |
Company/Officers to whom penalty imposed | No. of days in default/Period of default |
Penalty for default (Rs.) as per Section 118(11) of the Act |
Total Penalty Imposed |
| Non- maintena
nce of |
Section 118 | On company | Since incorporation | 25,000 | 25,000 |
| On Chittranjan Kumar | From 26.09.2017 to 17.09.2020 | 5,000 | 5,000 | ||
| On Kiran Pankaj | From 23.11.2018 to 15.03.2023 | 5,000 | 5,000 | ||
| On Kumar Mangalam Pankaj | From 14.03.2023 to 15.02.2024 | 5,000 | 5,000 | ||
| On Prasun Kumar Pankaj | From 02.12.2008 to 25.11.2018 and from 01.12.2020 to till date | 5,000 | 5,000 | ||
| On Santosh Kumar | From 05.02.2024 to till date | 5,000 | 5,000 | ||
| On Sharmila Kumari | From 23.11.2018 to 15.03.2023 | 5,000 | 5,000 | ||
| On Suresh Kumar Bhakta | From 02.12.2008 to 25.11.2018 and 01.12.2020 to till date | 5,000 | 5,000 | ||
| On Upendra Prasad | From 02.12.2008 to 25.11.2018 | 5,000 | 5,000 |
8. The noticee shall pay the amount of penalty individually for the company and its directors (out of own pocket) by way of e-payment (available on Ministry website mca.gov.in) under “Pay miscellaneous fees” category in MCA fee and payment Services within 90 (ninety) days of this order. The Challan/ SRN generated after payment of penalty through online mode shall be forwarded to this office.
9. Appeal against this order may be filled in writing with the Regional Director (ER), Ministry of Corporate Affairs, Kolkata, within a period of 60 (sixty) days from the date of receipt of this order, in Form ADJ (available on Ministry website mca.gov.in) setting forth the grounds of appeal and shall be accompanied by a certified copy of this order {Section 454(5) and 454(6) of the Act read with Companies (Adjudication of Penalties) Rules, 2014].
10. Your attention is also invited to section 454(8) of the Act in the event of non-compliance of this order.
11. This order may also be treated as an intimation under section 20 of the Companies Act, 2013.
(Mohit Kumar)
Adjudicating Officer &
Registrar of Companies-Cum-
Official Liquidator, Patna.
