Question : Violation of Companies Act

(a) whether the Government has taken cognizance of the companies which have violated the provision of the Companies Act, 1956;

(b) if so, the details thereof during the last three years and the current year, State/UT-wise including Chhattisgarh and Maharashtra;

(c) the number of the cases of violations which have been investigated and the number of those still pending;

(d) whether any penalty has been imposed and recovered in the said cases; and

(e) if so, the details thereof along with the number of cases wherein cases have been registered/ convictions has taken place?

Answer given by the minister


THE MINISTER OF STATE (SHRI ARJUN RAM MEGHWAL)
IN THE MINISTRY OF CORPORATE AFFAIRS


(a) & (b) : The State/ UT-wise details of prosecutions filed by the Registrars of Companies for violation of provisions of the Companies Act are enclosed as Annexure-I.

(c) : The Ministry has ordered investigations involving 360 companies during the last three years and current year through Serious Fraud Investigation Office (SFIO). During this period, investigations involving 154 companies have been completed and investigation involving 226 companies are pending (including those ordered in previous years).

(d) & (e) : During the last three years and current year, SFIO has filed complaints in different courts/fora. The year-wise break up is as under:-

Sl. No. Year No. of complaints filed
1 2013-14 94
2 2014-15 86
3 2015-16 53
4 Current year 06

During this period, in respect of the cases filed by SFIO, conviction has been made in 45 cases wherein fine of approximately Rs.130.06 lakh has been imposed. In four cases, directors of the company concerned have been sentenced to imprisonment for six months.
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