The Registrar of Companies (ROC) in Uttarakhand has issued a penalty order against DPC Social Benefits Nidhi Limited for non-compliance with Section 39(4) of the Companies Act, 2013. The company was found to have delayed the filing of Form PAS-3, which is required for allotments of securities. As a result, a penalty of ₹1,00,000 was imposed on both the company and its director, Pooja Panwar, totaling ₹2,00,000. The penalty must be paid online within 90 days. The company has the option to appeal this decision within 60 days. If the penalty is not paid on time, further action will be taken as per Section 454(8) of the Act.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATEAFFAIRS
OFFICE OF REGISTRAR OF COMPANIES
CUM-OFFICIAL LIQUIDATOR,
UTTARAKHAND
ATTACHED TO HIGH COURT, NAINITAL
OFFICE AT MEZZANINE FLOOR, 78, RAJPUR ROAD
SHRI RADHA PLACE, DEHRADUN – 248001 (U.K.)
Phone : 0135 — 2745012/2745013
Order No. ROC/UK/DPC NIDHI/Penalty Order/2024/580 Date:- 09-09-2024
ADJUDICATION ORDER FOR PENALTY UNDER SECTION 454(3) OF THE COMPANIES ACT, 2013 READ WITH RULE 3 OF COMPANIES (ADJUDICATION OF PENALTIES) RULES, 2014 FOR VIOLATION OF SECTION 39(4) OF THE COMPANIES ACT, 2013 IN THE MATTER OF DPC SOCIAL BENEFITS NIDHI LIMITED (U65999UR2021PLN013272)
1. Appointment of Adjudicating Officer: –
The Ministry of Corporate Affairs vide its gazette Notification No A-42011/112/2014-Ad. 1 dated 24.03.2015, has appointed Registrar of Companies, Uttaralchand as Adjudicating Officer in exercise of the powers conferred by section 454 of the Companies Act, 2013 {herein after referred as Act} read with Companies (Adjudication of Penalties) Rules, 2014 for adjudging penalties under the provisions of this Act.
2. Company: –
Whereas the Company DPC Social Benefits Nidhi Limited [herein after known as Company] is a registered company with this office under the provisions of Companies Act, 2013 (or previous Acts in force, as applicable) on 26/11/2021, having its registered office situated at Shop No. 4 Nagar Nigam Market Complex Kutchery Road, Dehradun-248001, Uttaralchand, as per MCA website. The financial & other details of the subject company for immediately preceding Financial Year as available on MCA-21 portal is stated as under:
| S. No. | Particulars | Details |
| 1 | Paid up Capital as on 31.03.2023 (Equity) | Rs. 37,14,040/- |
| 2 | Turnover — (as per financials filed by the company as on 31.03.2023) Revenue from operations as per balance sheet filed by the company as on 31.03.2023 on MCA-21 Portal. | Rs. 40,83,764/- |
| 3 | Holding Company | NO |
| 4. | Subsidiary Company | NO |
| 5 | Whether company registered under Section 8 of the Act? | NO |
| 6 | Whether company registered under any other special Act? | NO |
3. Director during the period of Violation
| S No. | Name | Designation | Date of Appointment | Date of Cessastion |
| I. | Pooja Panwar | Director | 26/11/2021 | NA |
4. Facts of the Case: –
1. On Rejection of the application of NDH-4 filed by the Company, the Ministry vide email dated 28/08/2024 has ordered to furnish the proof of compliances in respect of the orders passed by the Hon’ble High Court of Kerala in the writ Petition along with copy of compounding orders, if any.
Further, the company has conducted a search report to check the compliance status of the company where it was found that company has filed the Form PAS-3 with delay.
The Company has filed an suo-moto application dated 04/09/2024 with the ROC, Uttarakhand for Adjudication of violation of Section 39(4) of the Companies Act, 2013 and Rule 12 of the Companies (Prospectus and Allotment of Securities) Rules, 2014 & Section 39(5) of the Companies Act, 2013.
Thus it is evident that the Company and its Director including Key Managerial Personnel have failed to comply with the provision of Section 39(4) and Rule 12 of of the Companies (Prospectus and Allotment of Securities) Rules, 2014 of the Companies, Act, 2013, in filing the E-Form PAS-3 of the Company, thereby attracting the penal provisions mentioned under Section 39(5) of the Act. The Company and its Director including Key Managerial Personnel are officer in default, as per section 2(60), of the Companies Act, 2013, and are thus liable for penal provision.
Further, the company through its Authorised Representative submitted their reply on 09111 September 2024 in response to the show cause notice issued vide letter no. No.LC/Notice 117(1)/ROC/UKJ2024/564 to 565 dated 05/09/2024.
2. Provisions of the Act as per Section 39(4) of the Act and Rule 12 of the Companies (Prospectus and Allotment of Securities) Rules, 2014 reads as under: –
Whenever a company having a share capital makes any allotment of securities, it shall file with the Registrar a return of allotment in such manner as may be prescribed.
As per Rule 12 of the Companies (Prospectus and Allotment of Securities) Rules, 2014 Whenever a company having a share capital makes any allotment of its securities, the company shall, within thirty days thereafter, file with the Registrar a return of allotment in Form PAS-3, along with the fee as specified in the Companies (Registration Offices and Fees) Rules, 2014.
Section 39(5) of the Act reads as under: –
In case of any default under sub-section (3) or sub-section (4), the company and its officer who is in default shall be liable to a penalty, for each default, of one thousand rupees for each day during which such default continues or one lakh rupees, whichever is less.
5. Adjudication of Penalty: –
In the present case it is evident that the company has made violation of section 39(4) as was found that company has filed the PAS-3 with delay.
The details of the Penalty as per Section 39(5) of the Companies Act, 2013 is imposed on the company and officers in default, which is shown in the table given below:
| Violation Section | Penalty imposed on Company/Directors | Penalty for Default | Penalty Imposed |
| 39(4) of the Companies Act, 2013. | DPC Social Benefit Nidhi Limited | Rs. 1000/- per day in case of Continuing Default OR Rs. 1,00,000/-(whichever is less) |
Rs. 1,00,000/- |
| Ms. Pooja Panwar | Rs. 1000/- per day in case of Continuing Default OR Rs. 1,00,000/-(whichever is less) |
Rs. 1,00,000/- |
a) Therefore, in view of the above said violation, in exercise of the powers vested to the undersigned under Section 454(1) & (3) of the Companies Act, 2013 a penalty of Rs.1,00,000/- (Rupees One Lakh only) is imposed on the Company and Rs.1,00,000/-(Rupees One Lakh only) is imposed on the Officer in default as mentioned above. Therefore a total of Rs. 2,00,000/- (Rupees Two Lakh only) is imposed as penalty amount for violation of Section 39(4) of the Companies Act, 2013.
b) The notices shall pay the said amount of penalty as mentioned in column C above through online mode by using the website mca.gov.in (Misc. head) in favor of Pay & Accounts Offcer, Ministry of Corporate Affairs, New Delhi, payable at Delhi, within 90 days of receipt of this order, and intimate this office with proof of penalty paid.
c) Appeal against this order may be filed with the Regional Director (Northern Region), Ministry of Corporate Affairs, B-2 Wing, 2nd Floor, Paryanvaran Bhawan, CGO Complex, Lodhi road, New Delhi — 110003 within a period of (60 days) 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 the order. [Section 454(5) & 454(6) of the Act read with Companies (Adjudicating of Penalties) Rules, 2014].
d) Your attention is also invited to section 454(8) of the Act in the event of non-payment of penalty within the prescribed time limit.
e) In terms of the provisions of sub-rule (9) of Rule 3 of Companies (Adjudication of Penalties) Rules, 2014 as amended by Companies (Adjudication of Penalties) Amendment Rules, 2019 copy of this order is being sent Company and its officer in default and also to Office of the Regional Director (Northern Region), Ministry of Corporate Affairs at New Delhi.
(Imran Ahmad Siddiqui)
ROC-Cum-O.L. & Adjudicating Officer
Uttarakhand, Dehradun.
