As per Section 12(3)(a) of Companies Act, 2013 Every company shall paint or affix its name and address of its registered office, and keep the same painted or affixed, on the outside of every office or place in which its business is carried on, in a conspicuous position, in legible letters.
During Physical inspection ROC observed that company has failed to paint or affix its name and the address of its registered office outside its office or place in which its business is being carried upon. Therefore it appears that the company has not complied with the provisions of section 12(3)(a) of the Companies Act, 2013.
Whereas, on the date of hearing a reply has been received from the directors stating that “our office is situated in village and often monkeys roam here and there, we had duly put on place the board but just 3 days before the inspection, it was tempered and destroyed by the monkeys, we had ordered for new board to be displayed which took 5 days to deliver and we affixed the new board on 8th September, 2022″.
Whereas, it is concluded that on the date of visit the company was non-compliance with regard to section 12(3)(a) of the Companies Act, 2013. Hence, the company and its directors are liable for penalty for defaulting period i.e. from 05.09.2022 to 07.09.2022).
MCA hereby impose a penalty on the Company and directors/officers in default of the company for defaulting period i.e. from 05.09.2022 to 07.09.2022.
Government of India
Ministry Of Corporate Affairs
Office of the Registrar of Companies, Bihar-Cum-Official Liquidator, High Court, Patna
4th Floor, ‘A’ Wing, Maurya Lok Complex
Dakbunglow Road, Patna-800001
Order No.: ROC/Patlinspn./54290/8-12/2385 Dated: 04/01/2023
Order for penalty for violation of section 12(3)(a) of the Companies Act, 20/3
MIS. KRISHAICUITHAAN FARMER PRODUCER COMPANY LIM/TED
CIN: U01100BR2021PTCO54290
Appointment of Adjudication Officer:‑
1. The Ministry of Corporate Affairs vide its Gazette Notification No. A-42011/112/2014- I1 dated 24.03.2015 has appointed the undersigned as Adjudicating Officer in exercise of the powers conferred under section 454 of the Companies Act, 2013 (herein after known as Act) read with Companies (Adjudication of Penalties) Rules, 2014 for adjudging penalties under the provisions of this Act.
Company:-
2. Whereas, Company M/s. Krishakuthaan Farmer Producer Company Limited, (herein after known as Company) is a company incorporated on 27.09.2021 under the provisions of Companies Act, 2013 in the state of Bihar and having its registered office situated at C/o Quddus Khan Lt Abdul Rashid Vill, Saraiyan Shekhpura, Hasanpura, Siwan 841236 India as per MCA website.
Facts about the case:‑
3. WHEREAS office of the Registrar of Companies, Bihar-cum-Official Liquidator, High Court, Patna, has carried out inspection of the said company. During inspection the undersigned visited the Registered office of the company on 05.09.2022 and found that the company is maintaining its registered office at the above stated However, company has failed to paint or affix its name and the address of its registered office outside its office or place in which its business is being carried upon. Therefore it appears that the company has not complied with the provisions of section 12(3)(a) of the Companies Act, 2013, which reads as follows:-
4. Section 12(3)(a) “Every company shall paint or affix its name and address of its registered office, and keep the same painted or affixed, on the outside of every office or place in which its business is carried on, in a conspicuous position, in legible letters”.
Section 12(8) – If any default is made in complying with the requirement of this section, the company and every officer who is in default shall be liable to a penalty of one thousand rupees for every day during which the default continues but not exceeding one lakh rupees”.
Further, section 446B states that, “if penally is payable for non-compliance of any of the provisions of this Act by a One Person Company, Small Company, Start-up company or Producer Company, or by any of its officer in default, or any other person in respect of such company, then such company, its officer in default or any other person, as the case may be, shall be liable to a penalty which shall not be more than one-half of the penalty, specified in such provisions subject to a maximum of two lakhs rupees, in case of a company and one lakh rupees in case of an officer who is in default or any other person, as the case may be”.
5. Whereas, this office had issued Show cause notice for violation of section 12 of the Companies Act, 2013 vide ROC/Pat/Inspn/ 53763/S-12/2058-2063 dated 15.11.2022 to the company and its directors.
6. Whereas, this office had issued “Notice for Hearing” vide No. ROC/Pat/Inspn./54290/S-12/2227-7732 dated 12.2022 to the company and its director/officers in default to appear personally or through authorized representative under Rule 3(3), Companies (Adjudication of Penalties) Rules, 2014 on 03.01.2023) and also to submit their response, if any, one working day prior to date of hearing i.e. 02.01.2023. That, on the date of hearing Mohammad Asfaque Akhtar Khan (Director) was present on behalf of company and all directors.
7. Whereas, on the date of hearing a reply has been received from the directors stating that “our office is situated in village and often monkeys roam here and there, we had duly put on place the board but just 3 days before the inspection, it was tempered and destroyed by the monkeys, we had ordered for new board to be displayed which took 5 days to deliver and we affixed the new board on 8th September, 2022″.
8. Whereas, it is concluded that on the date of visit the company was non-compliance with regard to section 12(3)(a) of the Companies Act, 2013. Hence, the company and its directors are liable for penalty for defaulting period i.e. from 05.09.2022 to 07.09.2022).
ORDER
9. Having considered the facts and circumstances of the case, and after taking into account the factors above, I hereby impose a penalty on the Company and directors/officers in default of the company as per Table below under section 12(8) r/w section 446B of the Companies Act 2013 for failure in compliance of section 12(3)(a) of the Companies Act, 2013.
| Nature of default |
Violation under Cornpa- nies Act, 2013 |
Name of person on whom penalty imposed |
No. of days of default |
Penalty Imposed (Rs.) [As per section 446B: penalty shall not be more than one half of the penal y specified in such sections] |
Total Penalty (Rs.) [maximum of one lakh rupees] |
| Non- Maintena nce of registere d office |
Section 12(3)(a) of the Act 2013 |
On Company | 3 | 500 | 3*500 = 1,500 |
| Mohammad Asfaque Akhtar Khan | 3 | 500 | 3*500 =1,500 | ||
| Akhlaque Akhtar Khan | 3 | 500 | 3*500 = 1,500 | ||
| Mohammad Rafe Khan | 3 | 500 | 3*500 = 1,500 | ||
| Rahnuma siddikee | 3 | 500 | 34‘500 =1,500 | ||
| Firdous Khatoon | 3 | 500 | 3*500 =1,500 |
10. 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.govin) 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.
11. 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 ww-w.mca.gov.in) setting forth the grounds of appeal and shall be accompanied by a certified copy of this order (Section 454(5) & 454(6) of the Act, read with Companies (Adjudication of Penalties) Rules, 2014}.
12. Your attention is also invited to section 454(8) of the Act in the event of non-compliance of this order.
(Aparajit Barua)
Adjudicating Officer &
Registrar of Companies-Cum‑
Official Liquidator, Patna
