GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
LOK SABHA
UNSTARRED QUESTION NO. 3492
ANSWERED ON MONDAY THE 8TH AUGUST, 2022
SRAVANA 17, 1944 (SAKA)
VOLUNTARY WINDING UP OF COMPANIES
QUESTION
3492. SHRI ABHISHEK BANERJEE:
SHRI RAVNEET SINGH BITTU:
Will the Minister of CORPORATE AFFAIRS
be pleased to state:
(a) whether the Government has changed the rules on voluntary winding up of companies, if so, the details thereof along with the reasons therefor including the number and percentage of total companies voluntarily wound up during each of the last five years, State/UT-wise;
(b) the expected increase or decrease in this number based on the new rules permitting electronic filling of winding up petitions;
(c) the number of companies adjudged dormant and never taking up operations during the said period;
(d) the number of companies struck off the list of registered companies for defaulting on the statutory filings during the said period; and
(e) whether the Government has taken any other measures to address the issue of industrial sickness, if so, the details thereof and if not, the reasons therefor?
ANSWER
MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF STATISTICS AND PROGRAMME IMPLEMENTATION; MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF PLANNING; AND MINISTER OF STATE IN THE MINISTRY OF CORPORATE AFFAIRS
[RAO INDERJIT SINGH]
(a) and (b) : There is no rule making power provided under section 59 ‘Voluntary liquidation for corporate persons’ in the Insolvency and Bankruptcy Code, 2016.
No rule making power for Voluntary liquidation for corporate persons in IBC 2016
(c) : Dormant company is covered under the provisions of section 455 of the Companies Act, 2013 (the Act). The number of Companies having dormant status as per such provisions, during the last five years are as under:
| Year | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 |
| Number of dormant Companies | 451 | 362 | 570 | 81 | 116 |
(d) : Section 248 of the Act provides for removal of name of company from the Register of companies, if it is not carrying on any business or operation for a period of 2 immediately preceding financial years and has not made any application within the said period for obtaining the status of a Dormant Company under section 455 of the Act. The removal of the name of the company from the Register of Companies is a continuous process and a total of 4,32,796 companies have been struck of during last five years and its year wise details are as under:
| Year | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 |
| Number of Struck off Companies |
2,26,166 | 1,12,797 | 43,912 | Nil | 49,921 |
(e) : As per information provided by the Department for Promotion of Industry and Internal Trade, no such measure has been taken.
