CITIZEN'S CHARTER

C I T I Z E N 'S C H A R T E R

MINISTRY OF FINANCE & COMPANY AFFAIRS
DEPARTMENT OF COMPANY AFFAIRS
NEW DELHI.

This Charter is a declaration of our mission, values and standards, and our commitment to achieve excellence in the formulation and implementation of Polices and procedures of Department of Company Affairs for the benefit of the Public, investors and corporate sector, who are our partners in progress.

OUR SERVICES

We provide:

• legal framework for incorporation as well as proper and efficient functioning of companies;
• redressal forums for grievances of investors, creditors and others;
• dissemination of information by issue of press notes and publication of official journal titled 'Company New and Notes';
• interaction with professional bodies and business community for continuous feed back regarding general difficulties of corporate sector;
• maintaining in the offices of Registrar of Companies various documents filed by the companies and making available the same for inspection by the general public;
• surveillance over the working of corporate sector by conducting inspections to ensure financial health and compliance with statutory rules;
• investigations into the affairs of companies especially where complaints are received;
• prescribing the cost audit rules and ordering /approving the appointment of cost auditors in various industries;
• ensuring compliance with the prescribed accounting standards under the Companies Act;
• monitoring the development of the professional bodies i.e. the Institute of Chartered Accountants of India, Institute of Company Secretaries and Institute of Cost & Works Accountants of India;
• coordination with other Government Departments & other autonomous bodies like Security Exchange Board of India, Reserve Bank of India and Stock Exchanges etc.
• settlement of disputes through a quasi-judicial forum i.e. Company Law Board regarding mismanagement and oppression of minority etc.
• interaction with Monopolies & Restrictive Trade Practices Commission and the Director General of Investigation and Registration in connection with Restrictive Trade Practices , Monopolistic Trade Practices and Unfair Trade Practices indulged into by unscrupulous companies;

OUR COMMITMENT

WE SHALL CARRY OUT OUR TASKS WITH
integrity and judiciousness,
courtesy and understanding,
objectivity and transparency
promptness and efficiency

OUR EXPECTATION

• We expect the corporate sector to be prompt and reasonable in fulfilling their duties and legal obligations and be true and honest in furnishing information to us.

OUR STANDARDS

WE SHALL

• acknowledge applications, returns and all communications within 7 days of their receipt.
• resolve expeditiously complaints regarding delay in issue of allotment letters & Share/debenture certificates, refund of application money, delay in transfer of shares & nonpayment of dividends/interest on shares/debentures/fixed deposits etc in close coordination with other agencies.
• ensure that all applications submitted to the Department of Company Affairs, Regional Directors and Registrar of Companies, are processed within the time frame as indicated - in Schedules (I) (II) (III) & (IV annexed.
• be courteous, prompt, effective & provide time bound services.

WE FURTHER COMMIT THAT

• all officers who deal with the public will wear name badges and carry an Identity Card in all offices of RegionalDirectors and Registrar of Companies.
• personal and business information disclosed to us will be kept confidential.
• inspections, investigations and legal proceedings will be initiated only after Department is satisfied that prima facie evidence exists.
• we will provide full information about appeal procedures and the authorities with whom appeals can be filed.
• we will continuously consult all public interests while reviewing our policies and procedures and provide timely publicity of all changes in the law or procedures.
• every possible assistance will be rendered by the Facilitation Centre, of Department of Company Affairs, at Shastri Bhawan, New Delhi and in Registrar of Companies Offices & all relevant information and details of procedures as may be required shall be provided. For this purpose an officer would be designated who will not only provide guidance but would also be responsible for hearing the public grievances. The name of such officer along with the timing of meeting him would be prominently displayed in each of the offices of Registrar of Companies and Regional Directors. Similarly, the names of senior officers who could be contacted in the case of complaint would be prominently displayed in each of the field offices.

HELP LINES

• By providing up to date computerized information on name availability, processing of applications and complaints etc at various offices of Registrar of Companies. The Web Site of the Department also provides details about the activities of the Department, Annual Reports, working draft of the Companies Bill 1999, press releases and monthly corporate releases(internet version).
  (web site address:www.nic.in/dca )

Free pamphlets or priced publications can be had from :
Facilitation Centre,
Department of Company Affairs,
Shastri Bhawan,
New Delhi - 110 001.
Telephone No. 3386110.

• Organizational chart of Department of Company Affairs (Schedule V)

Schedule I

Functions falling within the jurisdiction of the Central Government & dealt with at the headquarters of the Department of Company Affairs, at New Delhi.

Schedule II

Functions falling within the jurisdiction of Regional Directors:

Schedule III

Functions falling within the jurisdiction of Registrars of Companies:

Schedule IV

Functions falling within the jurisdiction of official liquidators :

SCHEDULE V

Regional Directors

The four Regional Directors (RD) are in-charge of the respective regions, each region comprising a number of States and Union Territories. They supervise the working of the offices of the Registrars of Companies and the Official Liquidators working in their regions. They also maintain liaison with the respective State Governments and the Central Government in matters relating to the administration of the Companies Act. Certain powers of the Central Government under the Act have been delegated to the Regional Directors. They have also been declared as heads of Department. There is also an Inspection unit attached to the office of every Regional Director for carrying out the inspection of the books of accounts of Companies under Section 209A of the Companies Act.

Registrars of Companies

Registrars of Companies (ROC) appointed under Section 609 of the Companies Act covering the various States and Union Territories are vested with the primary duty of registering companies floated in the respective states and the Union Territories and ensuring that such companies comply with statutory requirements under the Act. These offices function as registry of records, relating to the companies registered with them, which are available for inspection by members of public on payment of the prescribed fee. The Central Government exercises administrative control over these offices through the respective Regional Directors.