Compounding Of Offences, Adjudication Of Penalties & Special Courts (2nd Edition)
- Year of Publication: 2023
- Edition: 2nd
- ISBN: 978-93-93749-61-1
- No.of Pages: 225
The Companies Act, 2013 has inserted certain provisions relating to three important aspects of Company Law, i.e. Compounding of Offences (Section 441), Adjudication of Penalties (Section 454) and Special Courts [Section 2(29), Section 435 to 438 and Section 440]. This Book explains the law and procedure relating to the aforesaid subjects in the following manner:
(a) This Book contains a list of Compoundable and Non- Compoundable offences under Companies Act, 2013 and deals with the procedure for making an application to the Regional Director/National Company Law Tribunal for compounding of offences alongwith relevant case laws relating to various important aspects of ‘Compounding of offences’. The Chapter on Compounding of Offences has been thoroughly updated and revised in accordance with the recent amendments.
(b) “Adjudication of penalties” is a new concept introduced for the first time in the Companies Act, 2013. MCA had appointed various Registrar of Companies as Adjudicating officers in exercise of powers conferred by Section 454 of Companies Act, 2013 read with Companies (Adjudication of Penalties) Rules, 2014 vide S.O. 831(E), dated 24-3-2015. The law and procedure relating to Adjudication of Penalties have been provided alongwith list of offences which can be adjudicated by Adjudicating officer. The Chapter on Adjudication of penalties has been thoroughly updated and revised in accordance with the amendments.
(c) “Special Courts” is a new concept introduced for the first time in the Companies Act, 2013. The provisions relating to Special courts have been given in a separate chapter alongwith list of offences which are covered within the jurisdiction of Special courts. The details covering the list of courts designated as ‘Special courts’ alongwith their jurisdiction notified as being operative w.e.f. 18-5-2016 have also been covered in this Book. The Chapter on Special Courts has been thoroughly updated and revised in accordance with the amendments.
An attempt has been made to present the subject in a simple and systematic manner in the form of a Handbook so as to enable the readers to understand the complete law and procedure relating to the subject matter conveniently without any confusion. The book in the present edition has been thoroughly updated to serve as a complete guide to all the Professionals like Practising Chartered Accountants, Practising Company Secretaries, Practising Cost Accountants, Practising Advocates and a variety of readers to meet their professional requirements and academic pursuits.
Mr. Ajay Kumar, B.Com (Hons), L.L.B, FCS and ACIS (UK), author of the Book is well known Practicing Company Secretary for the last 18 years. Before starting his practice as Company Secretary he had earlier worked as Assistant Registrar of Customs, Excise and Service Tax Appellate Tribunal, Mumbai, Bench officer of Board for Industrial and Financial Reconstruction (BIFR), New Delhi, Assistant Registrar of Companies (ROC), Mumbai and Bench Officer of Company Law Board (CLB), Mumbai Bench.
He has a very rich experience of dealing with company law and other corporate laws. He had written a book on ‘A Study on the Registration of Charges under the Companies Act, 1956’ for the Institute of Chartered Accountants of India. He has recently written Books entitled ‘Compounding of Offences, Adjudication of Penalties and Special Courts under the Companies Act, 2013’ and ‘National Company Law Tribunal (NCLT) and ‘National Company Law Appellate Tribunal (Practice & Procedure)’ published by Bharat Law House Private Limited. He has specialized in dealing with matters relating to “Oppression and Mismanagement” under Company Law and had been regularly appearing before Company Law Board in the past and now appears before National Company Law Tribunal. He has also been regular Faculty at various training programmes, seminars, workshops organized by institute of Companies Secretaries of India, Western India Regional Council (WIRC), Mumbai.
He is on the Panel of ‘Mediation and Conciliation’ maintained by Ministry of Corporate Affairs pursuant to section 442 of Companies Act, 2013. He is also registered as ‘Insolvency Professional’ with ICSI Insolvency Professional Agency and Insolvency and Bankruptcy Board of India.
Bharat is a 'trade-name' for a group of concerns, popularly known as Bharat Law House and Bharat Law House Pvt. Ltd. Bharat is one of the most reputed publishers of law books with an experience of over six decades. It possess a very diverse range of publications covering not only the area of taxation - direct and indirect - but also company law, insolvency capital market, finance, industrial law, foreign exchange, commercial, civil and criminal laws. The students publications for CA, CS, CMA, CFA, MBA, graduate and post-graduate studies have carved out a niche for themselves. The Publication House has a professionally qualified team with strong in-house capabilities. Their strength lies in the patronage of legal luminaries in every field. They strive for accuracy, authenticity and sincerity.
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- Year of Publication: 2023
- Edition: 2nd
- ISBN: 978-93-93749-61-1
- No.of Pages: 225
The Companies Act, 2013 has inserted certain provisions relating to three important aspects of Company Law, i.e. Compounding of Offences (Section 441), Adjudication of Penalties (Section 454) and Special Courts [Section 2(29), Section 435 to 438 and Section 440]. This Book explains the law and procedure relating to the aforesaid subjects in the following manner:
(a) This Book contains a list of Compoundable and Non- Compoundable offences under Companies Act, 2013 and deals with the procedure for making an application to the Regional Director/National Company Law Tribunal for compounding of offences alongwith relevant case laws relating to various important aspects of ‘Compounding of offences’. The Chapter on Compounding of Offences has been thoroughly updated and revised in accordance with the recent amendments.
(b) “Adjudication of penalties” is a new concept introduced for the first time in the Companies Act, 2013. MCA had appointed various Registrar of Companies as Adjudicating officers in exercise of powers conferred by Section 454 of Companies Act, 2013 read with Companies (Adjudication of Penalties) Rules, 2014 vide S.O. 831(E), dated 24-3-2015. The law and procedure relating to Adjudication of Penalties have been provided alongwith list of offences which can be adjudicated by Adjudicating officer. The Chapter on Adjudication of penalties has been thoroughly updated and revised in accordance with the amendments.
(c) “Special Courts” is a new concept introduced for the first time in the Companies Act, 2013. The provisions relating to Special courts have been given in a separate chapter alongwith list of offences which are covered within the jurisdiction of Special courts. The details covering the list of courts designated as ‘Special courts’ alongwith their jurisdiction notified as being operative w.e.f. 18-5-2016 have also been covered in this Book. The Chapter on Special Courts has been thoroughly updated and revised in accordance with the amendments.
An attempt has been made to present the subject in a simple and systematic manner in the form of a Handbook so as to enable the readers to understand the complete law and procedure relating to the subject matter conveniently without any confusion. The book in the present edition has been thoroughly updated to serve as a complete guide to all the Professionals like Practising Chartered Accountants, Practising Company Secretaries, Practising Cost Accountants, Practising Advocates and a variety of readers to meet their professional requirements and academic pursuits.
Mr. Ajay Kumar, B.Com (Hons), L.L.B, FCS and ACIS (UK), author of the Book is well known Practicing Company Secretary for the last 18 years. Before starting his practice as Company Secretary he had earlier worked as Assistant Registrar of Customs, Excise and Service Tax Appellate Tribunal, Mumbai, Bench officer of Board for Industrial and Financial Reconstruction (BIFR), New Delhi, Assistant Registrar of Companies (ROC), Mumbai and Bench Officer of Company Law Board (CLB), Mumbai Bench.
He has a very rich experience of dealing with company law and other corporate laws. He had written a book on ‘A Study on the Registration of Charges under the Companies Act, 1956’ for the Institute of Chartered Accountants of India. He has recently written Books entitled ‘Compounding of Offences, Adjudication of Penalties and Special Courts under the Companies Act, 2013’ and ‘National Company Law Tribunal (NCLT) and ‘National Company Law Appellate Tribunal (Practice & Procedure)’ published by Bharat Law House Private Limited. He has specialized in dealing with matters relating to “Oppression and Mismanagement” under Company Law and had been regularly appearing before Company Law Board in the past and now appears before National Company Law Tribunal. He has also been regular Faculty at various training programmes, seminars, workshops organized by institute of Companies Secretaries of India, Western India Regional Council (WIRC), Mumbai.
He is on the Panel of ‘Mediation and Conciliation’ maintained by Ministry of Corporate Affairs pursuant to section 442 of Companies Act, 2013. He is also registered as ‘Insolvency Professional’ with ICSI Insolvency Professional Agency and Insolvency and Bankruptcy Board of India.
Bharat is a 'trade-name' for a group of concerns, popularly known as Bharat Law House and Bharat Law House Pvt. Ltd. Bharat is one of the most reputed publishers of law books with an experience of over six decades. It possess a very diverse range of publications covering not only the area of taxation - direct and indirect - but also company law, insolvency capital market, finance, industrial law, foreign exchange, commercial, civil and criminal laws. The students publications for CA, CS, CMA, CFA, MBA, graduate and post-graduate studies have carved out a niche for themselves. The Publication House has a professionally qualified team with strong in-house capabilities. Their strength lies in the patronage of legal luminaries in every field. They strive for accuracy, authenticity and sincerity.
