Companies
Directors Identification Number (Amendment) Rules, 2013
NOTIFICATION
dated 15th March, 2013
[F No 5/80/2012- CL V]
G.S.R._______
(E).- In exercise of the powers conferred by clauses (a) and (b) of subsection (1)
of section 642 read with section 266A, 266B, 266D and 266E of the Companies
Act, 1956 (1 of 1956), the Central Government hereby makes the following rules
further to amend the Companies (Directors Identification Number) Rules, 2006 namely:
-
l. Short
title and commencement.-
(1)
These
rules may be called the Companies Directors Identification Number (Amendment)
Rules, 2013.
(2)
They
shall come into force on the date of their publication in the Official Gazette.
2. In the Companies (Directors
Identification Number) Rules, 2006, after rule 7, the following rule shall be
inserted, namely:-
8. Cancellation or Deactivation of DIN.- The Central
Government or Regional Director (Northern Region), Noida or any officer
authorised by the Regional Director, upon being satisfied on verification of
particulars of proof attached with the application received from any person
seeking cancellation or deactivation of DIN, in case –
(a) the DIN is
found to be duplicate;
(b) the DIN was
obtained by wrongful manner or fraudulent means;
(c) of the death
of the concerned individual;
(d) the
concerned individual has been declared as lunatic by the competent Court;
(e) if the
concerned individual has been adjudicated an insolvent;
then the allotted
DIN shall be cancelled or deactivated by the Central Government or Regional
Director (NR), Noida or any other officer authorised by the Regional Director (NR):
Provided that
before cancellation or deactivation of DIN under clause (b), an opportunity of
being heard shall be given to the concerned individual.
Explanation-
For the purposes
of clause (b),
(i)
the
term “wrongful manner” means if the DIN obtained without legally established documents.
(ii)
the
term "fraudulent means" means if the DIN obtained unlawfully to
deceive any other person or any authority including the central Government.
Note:
- The principal notification was published in the Gazette of India vide number
G.S.R. 649(E), dated the l9th October, 2006 and subsequently amended vide the
following notifications:-
|
Serial
Number
|
Notification
Number
|
Notification
Date
|
|
1.
|
G.S.R.
14(E)
|
09-01-2007
|
|
2.
|
G.S.R.264(E)
|
29-03-2007
|
|
3.
|
G.S.R.849(E)
|
15-10-2010
|
|
4.
|
G.S.R.258(E)
|
26-03-2011
|
|
5.
|
G.S.R.
427(E)
|
02-06-2011
|
|
6.
|
G.S.R.507(E)
|
05-07-2011
|
|
7.
|
G.S.R.395(E)
|
28-05-2012
|
|
8.
|
G.S.R.
429(E)
|
05-06-2012
|
|
9.
|
G.S.R.
929 (E)
|
24.12.2012
|
|
10.
|
G.S.R.
930(E)
|
24.12.2012
|
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