Government of India delegates its powers time to time to subordinate offices for better implementation of law. Section 458 of the Companies Act, 2016 confers power of such power of delegation in relation to the provision under the Act to the Government of India. Government of India issued notification S.O. 4090(E) dated 19th December 2016 regarding delegation of powers to Regional Directors, which came into effect from that date.
Present notification issued in supersession of the notification number S.O. 1539(E), dated the 10th July, 2012, and notification number S.O. 1352(E), dated the 22nd May, 2014. Earlier notifications delegated powers in respect of powers conferred to the Government of India under the Companies Act, 1956 and the Companies Act, 2013 respectively.
By this notification the Central Government hereby delegates to the Regional Directors at Mumbai, Kolkata, Chennai, New Delhi, Ahmedabad, Hyderabad and Shillong.
The Central Government may revoke such delegation of powers or may itself exercise the powers under the said sections, if in its opinion such a course of action is necessary in the public interest.
Details of delegated powers are here under –
(a) clause (i) of sub-section (4) of section 8 – Alteration of memorandum in case of conversion into another kind of company;
(b) sub – section (6) of section 8 – Revocation of licence of a Section 8 Company;
(c) sub – sections (4) and (5) of section 13 – Shifting of Registered office from one state to another;
(d) Section 16 – Rectification of name of a company;
(e) section 87 – Rectification by Central Government in register of charges;
(f) sub-section (3) of section 111 – Suspension of circulation of member’s resolution;
(g) sub-section (1) of section 140 – Removal of auditor;
(h) sub-section (5) of section 230 – Notice for compromise and arrangement to Central Government;
(i) sub-sections (2), (3), (4), (5) and (6) of section 233 – Copy of Scheme of merger and amalgamation to Central Government;
(j) first and second proviso of sub-section (3) of section 272 – Petition for winding up by Central government;
(k) sub-section (1) of section 348 – Exemption of statement pending liquidation;
(l) sections 361, 362, 364 and 365 – Summery procedure for liquidation;
(m) clause (i) of the proviso to sub-section (1) of section 399 – permission to inspect prospectus filed with registrar beyond fourteen days; and
(n) section 442 – Penal of experts called Mediation and Conciliation Panel.