MCA Notification No. G.S.R. 439(E) | Dtd. 10th June, 2022
The MCA vide its notification dated 10th June, 2022 has notified Companies (Appointment and Qualification of Directors) Second Amendment, Rules, 2022 which shall come into force on the date of its publication in the Official Gazette i.e. 10th June, 2022.
In the Companies (Appointment and Qualification of Directors) Rules, 2014, after Rule 6 (4) the following sub-rule shall be inserted:
“(5) Any individual whose name has been removed from the databank under sub-rule (4), may apply for restoration of his name on payment of fees of one thousand rupees and the institute shall allow such restoration subject to the following conditions, namely:
(i) his name shall be shown in a separate restored category for a period of one year from the date of restoration within which, he shall be required to pass the online proficiency self-assessment test and thereafter his name shall be included in the databank, only, if he passes the said online proficiency self-assessment test and, in such case, the fees paid by him at the time of initial registration shall continue to be valid for the period for which the same was initially paid; and
(ii) in case he fails to pass the online proficiency self-assessment test within one year from the date of restoration, his name shall be removed from the data bank and he shall be required to apply afresh under sub-rule (1) for inclusion of his name in the databank.”
Comments: Rule 6(4) provides that, “every individual whose name is so included in the data bank shall pass an online proficiency self-assessment test conducted by the institute within a period of 2 years from the date of inclusion of his name in the data bank, failing which, his name shall stand removed from the databank of the institute.”
Until now, if the name was removed under sub-rule (4), the individuals whose names were so removed were required to apply afresh under sub-rule (1), however, vide this notification, an opportunity is provided to such individuals to restore their names upon payment of fees of ₹1,000 subject to the following conditions:
i. name shall be shown in a separate restored category for a period of 1 year from the date of restoration;
ii. such individual shall be required to pass the online proficiency self-assessment test within a period of 1 year from the date of restoration;
iii. name shall be included in the databank, only, if the individual passes the said online proficiency self-assessment test;
iv. upon passing the test, the fees paid by the individual at the time of initial registration shall continue to be valid for the period for which the same was initially paid;
v. in case the individual fails to pass the online proficiency self-assessment test within 1 year from the date of restoration, his name shall be removed from the data bank;
vi. upon failing the online proficiency self-assessment test, the individual shall be required to apply afresh under sub-rule (1) for inclusion of his name in the databank.
MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 10th June, 2022
G.S.R. 439(E).—In exercise of the powers conferred by section 149 read with section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Appointment and Qualification of Directors) Rules, 2014, namely: –
1. Short title and commencement.- (1) These rules may be called the Companies (Appointment and Qualification of Directors) Second Amendment, Rules, 2022.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Companies (Appointment and Qualification of Directors) Rules, 2014, in rule 6, after sub-rule (4), the following sub-rule shall be inserted, namely: –
“(5) Any individual whose name has been removed from the databank under sub-rule (4), may apply for restoration of his name on payment of fees of one thousand rupees and the institute shall allow such restoration subject to the following conditions, namely :-
(i) his name shall be shown in a separate restored category for a period of one year from the date of restoration within which, he shall be required to pass the online proficiency self-assessment test and thereafter his name shall be included in the databank, only, if he passes the said online proficiency self-assessment test and in such case, the fees paid by him at the time of initial registration shall continue to be valid for the period for which the same was initially paid; and
(ii) in case he fails to pass the online proficiency self-assessment test within one year from the date of restoration, his name shall be removed from the data bank and he shall be required to apply afresh under sub-rule (1) for inclusion of his name in the databank.”.
[F. No. 8/4/2018-CL-I- Part I]
MANOJ PANDEY, Jt. Secy.
Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i) vide notification number G.S.R. 259(E), dated the 31st March, 2014 and were last amended vide notification number G.S.R. 410 (E), dated the 1st June, 2022.
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