Information under section 4(1)(b) of the Right to Information Act, 2005
(Updated as on 01.09.2008)
INDEX
PURSUANT TO SECTION 4 (1) (B) OF THE RIGHT TO INFORMATION ACT, 2005, THE FOLLOWING INFORMATION WITH REGARD TO THE OFFICE OF OFFICIAL LIQUIDATOR IS HEREBY PUBLISHED: -
I. THE PARTICULARS OF THE ORGANIZATION FUNCTIONS & DUTIES.
(a) The Ministry of Corporate Affairs, which mainly administers the Companies Act, 1956, has a three tier organizational set-up namely, (1) the Secretariat at New Delhi, (ii) the four Regional Directors at Mumbai, Chennai, Kolkata & Noida and (iii) the Official Liquidators and Registrar of Companies.
(b) The office of the Official Liquidator is attached to the High Court of Delhi and perform all the functions/activities to comply with the directions/orders passed by the Hon’ble High Court in the cases of companies (In Liquidation) as well as in the winding up proceedings in accordance with the procedure laid down in the Companies Act, 1956 read with the Companies (Court) Rules, 1959.
Following are the functions falling within the jurisdiction of Official Liquidator:
a) Taking over possession of assets, books of accounts and other records of companies in liquidation and deployment of security agency to safe guard the assets.
b) Completion of inventories of the assets and books of accounts etc. of the companies in liquidation.
c) To take action u/s. 454 for filing statement of affairs by the Ex-directors.
d) To file Ist preliminary report.
e) To seek sanction u/s 457.
f) To take steps to recover the book debts and other assets if any in the hands of other persons and Ex-directors.
g) Valuation of the property
h) Completion of Sale of assets.
i) Handing over possession of property to buyers.
j) Scrutiny of books and records of companies and submission of report to the High Court in respect of transfer of company under section 394 (1).
k) Invitation of claims and settlement of list of creditors.
l) Payment to creditors & distribution of assets in case of surplus to contributories.
m) File the misfeasance proceeding u/s 542 & 543 of the Company Act 1956.
n) To Institute or defend urgent proceeding or against the companies (In Liqu.)
o) Submission of final dissolution report in case of compulsory as well as voluntary liquidation.
The sanctioned strength of the Officers and staff of this office are as under:
|
S. No. |
Name
of the Post |
No of sanctioned posts |
No. of
posts as filled up. |
|
1. |
Official
Liquidator |
1 |
1 |
|
2 |
Deputy
Official Liquidator |
2 |
2 |
|
3. |
Assistant
Official Liquidator |
3 |
2 |
|
4. |
Sr.
Technical Assistant |
1 |
1 |
|
5. |
Jr.
Technical Assistant |
4 |
4 |
|
6. |
Inspector |
1 |
1 |
|
7. |
Sr
Stenographer |
1 |
1 |
|
8. |
Jr.
Steno (Adhoc) |
1 |
1 |
|
9. |
UDC |
3 |
3 |
|
10. |
LDC |
4 |
4 |
|
11. |
Peon |
3 |
1 |
|
12. |
Farash |
1 |
1 |
|
13. |
Chowkidar |
1 |
1 |
|
14 |
Sweeper |
1 |
1 |
|
|
TOTAL |
27 |
24 |
In addition, following 69
personnel of various categories appointed through the Hon’ble High Court for
the office known as Company Paid Staff’ are working:
|
S. No. |
Name of the post |
No. of posts |
|
1. |
Liquidation Assistant |
42 |
|
2. |
Accounts Assistant |
03 |
|
3. |
Group D Posts (Process
Server, Peon, Driver Farash, Record Sorter,
Sweeper) |
27 |
|
|
Total |
72 |
The Organisation chart of the Official Liquidator
is given at Annexure-A.
II. The Power and duties of the officers and employees.
Powers and duties of the officers in the organization has been defined under the Companies Act, 1956 read with Companies ( Court ) Rules, 1959. The office of the Official Liquidator is a subordinate office of the Ministry of Corporate Affairs and functions under the administrative control of Regional Director (NR), Noida and day to day supervision on the functions of the Official Liquidator is vested with Hon’ble High Court of Delhi. The Official Liquidator who is assisted by three Dy. Official Liquidators, Two Asstt. Official Liquidator u/s 448 of the Company Act 1956. The office has a sanctioned strength of 26 post. In addition 72 personnel of various categories have also been appointed through the court for the office.
The powers and duties of Officers and the allocation of work of Officers and staff are given at Annexure-A.
The court order, files, papers received by the office are examined by the subordinate staff/concerned dealing assistant and submitted to the Section/TC Incharge who shall with his comments/suggestion alongwith self content note submitted the file to the officers incharge as per allocation of duties by Official Liquidator and the sent the file to the Official Liquidator for approval/confirmation.
The official liquidator is the ‘head of the office’ assisted by officers and officials posted. The Official Liquidator supervises all the affairs of the office. The directions/sanction/approvals are sought from the Hon’ble High Court/Ministry/Regional Director.
Financial powers are exercised by the Official Liquidator as head of the Department within the limits of the financial powers as per the delegation of financial Rules notified by the Government of India from time to time.
The organization work set up is as under:-
|
S. No. |
Section |
Channel
of Submission/Supervision |
Officer
Incharge |
|
1 |
T.C.-I |
STA |
A
O.L., SH. Sanjay Yadav |
|
2 |
T.C.-II |
UDC |
Dy.O.L.,
SH. Dinesh Chand |
|
3 |
T.C.-III |
JTA |
AOL.
SH. R.P.Vimal |
|
4 |
T.C.-IV |
JTA |
Dy.
O.L., Smt. Richa Kukreja |
|
5 |
T.C.-V |
JTA |
A.
O.L., SH. R.K.Bakshi |
|
6 |
Account |
LDC |
A
O.L., SH.Sanjay Yadav |
|
7 |
Administration |
UDC |
A.
O.L., SH. R.K BAKSHI & Shri R.P.Vimal |
|
8 |
Claims |
JTA |
Dy
OL, Smt.Richa Kukreja |
|
10 |
JVG, CRB, Hoffland, Possession Cell |
C.S. |
A.
O.L., SH. R.K BAKSHI |
|
11 |
Record Room at South Block |
NON |
A.
O.L., SH. R.K BAKSHI |
IV The norms set by it for the discharge of its functions;
As per Courts orders passed in the various matters pending in the various court and as the various provision of Companies Act, 1956.
1) The Companies Act, 1956
2) Companies (Court) Rules, 1959
3) Allied act and rules
4) Government of India Instructions
5) Record of the company (in liquidation)
VI Statement of the categories of the
documents held by it or under its control.
All the documents that are held by this office under provision of
Companies Act, 1956 and Companies (Court) Rules, 1959
(1) Particular the following register required to be maintained by the office pursuant to Rule 286 of the Companies (Court) Rules, 1959
1. Register of Liquidation in Form NO. 142A.
2. Central Cash Book in Form No. 142B.
3. Company’s Cash Book in Form No. 142C.
4. General Ledger in Form No. 142D.
5. Cashier’s Cash Book in Form No. 142E.
6. Bank Ledger in Form No. 142F.
7. Register of Assets in Form No. 142G.
8. Securities & Investment Register in Form No. 142H.
9. Register of Book Debts and Outstanding in Form No. 142I.
10. Tenants Ledger in Form No. 142J.
11. Suits Register in Form No. 142K.
12. Decree Register in Form No. 142L.
13. Sales Register in Form No. 142M.
14. Register of Claims & Dividends in Form No. 142 N.
15. Contributories Ledger in Form No. 142-O.
16. Dividends Paid Register in Form No. 142P.
17. Commission Register in Form No. 142Q.
18. Suspense Register in Form No. 142R.
19. Documents Register in Form No. 142S.
20. Books Register in Form No. 12T.
21. Register of unclaimed dividends and undistributed assets, deposited into the companies liquidation account in the Reserve Bank of India in Form No. 142U, and
22. A Record Book for each company in which shall be entered all minutes of proceedings and the resolution passed at any meeting of the creditors or contributories or of the Committee of Inspection, the substance of all orders passed by the Court in the liquidation proceedings, and all such matters other than matters of account as may be necessary to furnish a correct view of the administration of the company’s affairs.
In maintaining the registers and books maintained above, the Official Liquidator shall follow the instructions contained in the respective forms prescribed for the said books and registers.
(2) The Official Liquidator shall, in addition to the Registers and Books prescribed above, maintain such books as may be necessary for the proper and efficient working of his office such as Petty Cash Register, Correspondence Register, Dispatch Register, Daily Register of Money Orders and Cheques, received and so on, and shall also keep the necessary files of correspondence and of proceedings in respect of each company under liquidation in his charge.
(3) Where the accounts of the company are incomplete, the Official Liquidator shall with all convenient speed as soon as the order for winding up is made, have them completed and brought up-to-date.
(4) (i) Where the Official Liquidator is authorized to carry on the business of
the company, he shall keep separate books of account in respect of such business and such books shall, as far as possible, be in conformity with the books already kept by the company in the course of its business. The Official Liquidator shall incorporate in the Central Cash Book and in the Company’s Cash Book, the total weekly amounts of the receipts and payments on such trading account.
(ii) The trading account shall from time to time, not less than once in
every month, be verified by affidavit, and the Official Liquidator shall thereupon submit such account to the Committee of Inspection ( if any ) or such member thereof as may be appointed by the Committee for that purpose, who shall examine and certify the same.
(5) The Official Liquidator shall also keep a counterfoil receipt Book in triplicate in Form No. 143, the leaves of which shall be machine numbered serially, from which shall be issued all receipts for payments made to the Official Liquidator. The duplicate and the triplicate shall bear the same number as the original.
(6) The Official Liquidator shall keep proper vouchers for all payments made for expenses incurred by him. The vouchers shall be serially numbered.
(7) In respect of companies the winding up of which was commenced under the Act prior to the coming into force of these rules and is pending on the date these rules come into force, the Official Liquidator shall, as soon as may be and not later than 3 months after the coming into force of these rules or such extended time as may be allowed by the Court, prepare and bring up-to-date the books and registers prescribed under sub-rule (1) of this rule, provided that the Court may if it thinks fit dispense with this requirement in any particular case.
The work of this office is confined to winding up of assets, liabilities of company under liquidation. There is no arrangement exists with regard to formulation of policy which requires public participation.
The Hon’ble High Court has constituted committees in various companies for settling creditors claim under the provision of Companies Act, 1956 and Companies (Court) Rules, 1959. The copies of the minutes/proceedings of the committee recorded are available to interested parties on application.
IX . Directory of its officers and employees;
The telephone directory of officers and employees of this organization is as under:
X. The monthly remuneration received by each of
its officers and employees, including the system of compensation as provided in
its regulation;
The salary to the Officers at S. No. 1to 6 are paid by cheques and other staff by cash.
The details
of budget allocation of Official Liquidator, Delhi and the actual expenditure
till 31.8.2008 is as under. The budget is only for meeting the administrative expenses,
salaries, traveling etc. as per chart below.
|
PARTICULAR |
BUDGET
ALLOCATION (IN RS.) |
EXPENSES
UPTO 31.08.2008 (IN RS.) |
|
SALARY |
75,16,000.00 |
22,68, 967 |
|
OFFICE
EXPENSES |
25,41,000.00 |
282037 |
|
MEDICAL
TREATMENT |
940,000.00 |
7786 |
|
TARVELLING
EXPENSES |
3,00,000.00 |
9421 |
This item does not apply to Official Liquidator, Delhi.
XIII.
Particulars of recipients of concessions,
permits or authorizations granted by it;
The organization does not discharge any such function;
XIV.
Details of the information available to, or held
by it, reduced in an electronic form;
a) Organizational Chart and work allocation on Website.
b) Name of Nodal Officer on website.
c) Accounts of the Companies in Liquidation.
Provision
has been made for the Visitors room.
XVI.
The names, designation and other particulars of
the Public information officers. {(S. 4(1)(b)}.
Sh. R.K.Bakshi, Assistant Official Liquidator, Delhi & Sh. Sanjay Yadav, Assistant Official Liquidator, Delhi has been appointed for the Official Liquidator, Delhi as Public Information Officers. Those Address and Telephone Number are as under;
i. Sh. R.K.Bakshi
Asstt. Official Liquidator
Attached to
Hon’ble High Court of
Ministry of Company Affairs,
A2, W2, Curzon Road Barracks,
K.G. Marg,
Phone No. 011-23073393
Fax No. 011-23389996
ii. Sh. Sanjay Yadav,
Asstt. Official Liquidator
Attached to
Hon’ble High Court of
Ministry of Company Affairs,
A2, W2, Curzon Road Barracks,
K.G. Marg,
Phone No. 011-23389507
Fax No. 011-23388405
XVII Such other information as may be
prescribed: -
Such
information as & when thinks necessary; these shall be published &
shall be updated from time to time.
|
|
ANNEXURE-A
|
ORGANIZATION STRUCTURE |
|
|||||
|
|
|
DY. OFFICIAL LIQUIDATOR SH. DINESH CHAND |
|
TC-II |
|
|
|
OFFICIAL LIQUIDATOR |
|
DY. OFFICIAL LIQUIDATOR SH. RICHA KUKREJA |
|
TC _ IV Claims Section |
|
|
|
|
ASST. OFFICIAL LIQUIDATOR SH. R.K. BAKSHI |
|
T.C.-V C.R.B./JVG/ Rockland/Hoffland |
|
||
|
|
ASSTT. OFFICIAL LIQUIDATOR SH.SANJAY YADAV |
|
TC-I DDO/CASH |
|
||
|
|
|
|
||||
|
|
|
|
||||
|
|
ASSTT. OFFICIAL LIQUIDATOR SH. R.P. VIMAL |
|
T.C.-III |
|||
ALLOCATION OF WORK
|
S.No |
Name of the Officer |
Present allocation |
New allocation |
|
1. |
Sh Dinesh Chand Dy Official Liquidator |
T.C II, Record Room, Record Management
Project , Chair Person of Local Purchase Committee |
T.C II, Record Room, Record Management Project, Chair person of
Local Purchase Committee |
|
2. |
Mrs Richa Kukreja Dy Official Liquidator |
T.C IV Part I, Claim Section, Dissolution Cell, Co-Chair person of
Local Purchase Committee, Monthly & Quarterly Statement and Monthly D.O.
settlement of Security Agencies Bill. |
T.C IV, Claim Section, Dissolution Cell, Co-Chair person of Local
Purchase Committee, Monthly & Quarterly Statement and Monthly D.O.,
settlement of Security Agencies Bill. |
|
3. |
Sh Sanjay Yadav, Asstt. Official Liquidator |
T.C III, Accounts Section, Drawing & Disbursing Officer, Filing
of Half Yearly & Yearly Accounts
& member of Pur5chase Committee, Settlement of Valuers fee bills. |
T.C I, Accounts Section,
Drawing & Disbursing Officer, Filing of Half Yearly & Yearly Accounts
& member of Purchase Committee, Settlement of Valuer
Fee bills, Computerization Cell |
|
4. |
Mr R.K. Bakshi, Asstt. Official Liquidator |
T.C V, Establishment (excluding of Company Paid Staff) , Publication
of Advertisement Companies (In Liqn.),
Settlement of Bills of Publication, Incharge of Special Cell ( CRB, Rockland )
Member of Local Purchase Committee |
T.C V, Establishment (excluding of Company Paid Staff), Publication
of Advertisement Companies (In Liqn.), Settlement of Bills of Publication,
Incharge of Special Cell (CRB, Rockland, Hoffland, JVG), Member of Local Purchase
Committee |
|
5. |
Sh R.P. Vimal Asstt. Official Liquidator |
T.C IV Part II, Establishment of Company Paid Staff, Punctuality of
Govt. Staff as well as Company Paid Staff, Leave Record & Member of Local
Purchase Committee |
T.C III, Establishment of Company Paid Staff, Punctuality of Govt.
Staff as well as Company Paid Staff,
Leave Record & Member of Local
Purchase Committee |
STAFF DEPLOYMENT.
ESTABLISHMENT SECTION:
1.
Ms Yamini Gupta, JTA
will oversee, monitor timely responses, sending
reports & reply.
2.
Mr V.K. Goswami (UDC)
will look after the Cash & important Govt. Dak.
3.
Mr M.S Kataria (LDC)
will look after all the Dak of the Establishment Section and put up
directly to Mr R.K. Bakshi/ Mr R.P. Vimal (AOL’s)
4.
Mr Tribhuvan (Peon)
5.
Mr Kishan Lal (Safaiwala)
ACCOUNTS SECTION:
1.
Mrs Anjana Khurana
(Accounts Assistant)
2.
Mrs Poonam (Accounts Assistant)
3.
Mr Prem (Accounts Assistant)
4.
Mrs Anita Vaid (L.A)
5.
Mrs Daya Dua (L.A)
6.
Mrs Neeru Sharma (L.A)
7.
Mrs Simmi Ahuja (L.A)
8.
Mr Surjeet Singh (Peon)
CASH SECTION:
1.
Mrs Manisha Umrao
(LDC)
2.
Mrs Poonam (Accounts
Assistant)
TECHNICAL CELL NO I (PINK CELL):
1.
Mohd Shakeel (STA)
2.
Sh. Sanjay Gupta (L.A)
3.
Sh Harish Thakar (L.A)
4.
Mrs Meena Palha (L.A)
5.
Mrs Seema Bansal (L.A)
6.
Sh. Gulab Singh (L.A)
7.
Smt. Seema Dogra
(Typist)
8.
Sh Ved Prakash (Peon)
TECHNICAL CELL II (BLUE CELL):
1.
Mr S.C Gupta (UDC)
2.
Mrs Sonal Sharda (L.A)
3.
Mrs Anita Setia (L.A)
4.
Mr. Dharmender Shukla
(L.A)
5.
Mr Dinesh Arora (L.A)
6.
Mrs Anandi Devi
(Record Sorter)
7.
Smt Pratibha Sharma
(Typist)
8.
Sh Raj Kishore (P.S)
9.
Sh Bhudutt (Peon)
TECHNICAL CELL III (ORANGE CELL ):
1.
Mr R.K. Indora (JTA)
2.
Mr Satish (L.A)
3.
Mr Dinesh Khurana
(L.A.)
4.
Mrs Manju Sharma (L.A)
5.
Smt. Sudha Bajaj (L.A)
6.
Mrs Harmeet Kaur
(Typist)
7.
Mr Subroto Mukherjee
(Peon)
8.
Mr. Madan (P.S)
TECHNICAL CELL IV
(YELLOW CELL):
1.
Ms Yamini Gupta (JTA)
2.
Mr Rakesh Sinha (LDC)
3.
Mr. R.K. Vashist (L.A)
4.
Mr Harish Joshi (L.A)
5.
Mr Ajit Rajput (L.A.)
6.
Smt. Suman Chawla
(L.A)
7.
Smt. Anjali Bazania (L.A)
8.
Smt. Maya Gupta
(Typist)
9.
Sh Chander Pal (Peon)
TECHNICAL CELL V
(GREEN CELL):
1.
Sh S.V Chak (JTA)
2.
Sh Anil Aggarwal (L.A)
3.
Sh Pradeep Bhardwaj
(L.A)
4.
Sh Rajesh Kumar (L.A)
5.
Sh Manjeet (L.A)
6.
Smt. Anju Dahiya (L.A)
7.
Sh Wasim Raja (Typist)
8.
Sh Daya Nand (Peon)
9.
Sh Manglanand (P.S)
NBFC (SPECIAL CELL) (KHAKI CELL):
1.
Mr Anand Verma (C.S.)-
Consultant –I
2.
Mr Rishi (C.S)
–Consultant –II
3.
Mr B.M. Mathur &
Co. (C.S)- Consultant –III
4.
Mr Girish Diwedi ,
Computer Operator & Officiating Programmer (He will also assist Official
Liquidator)
5.
Mrs Sonu Sehgal (L.A)
6.
Mrs. Kusum Bhatt (L.A.)
7.
Smt. Renu Ahlawadi
(R.S)
8.
Sh Sanjay Rao (R.S)
CLAIM & DISSOLUTION CELL (KHAKI CELL):
1.
Mr G.C Gupta (JTA)
2.
Mrs Sneh Lata (Steno
Adhoc)
3.
Sh Vijay Tiwari (L.A)
4.
Mr Ramesh Shukla (L.A)
5.
Mrs Manju Shah (L.A)
6.
Mr Mohan Singh
Bisht (Peon)
INSPECTION & COPYING SECTION:
1.
Mr. G.C Gupta
(Incharge)
2.
Mrs. Sneh Lata
3.
Sh Umesh Dutt
4.
Sh Yadvinder (Peon)
POSSESSION CELL:
1.
Mohd Shakeel (STA)
2.
Sh Harish Joshi (L.A.)
3.
Sh Rajesh Kumar (L.A)
4.
Sh Dinesh Arora ( L.
A)
5.
Sh Dinesh Khurana (
L.A )
6.
Sh Surinder Singh
(Peon)
7.
Sh Daya Nand (R.S)
RECORD ROOM:
1.
Sh Umesh Dutt (L.A)
2.
Sh Yadvinder (Peon)
LEGAL CELL
(COURT COMPLIANCE CELL):
1.
Sh Shiv Pal
(Inspector)
2.
Sh B.B. Swami L.A
3.
Sh Shammi (Peon)
4.
Sh Arun (Peon)
5.
Sh Subroto Mukherjee
(Peon)
6.
Smt Pingla Devi
(Farash)
7.
Sh Mahesh Kanojia for filing
of Reports/ Applications/Yearly & Half
Yearly Accounts etc.
DRT COURT:
1.
Mr. B.B Swami
2.
Mr Vijay Tiwari
DAK & DIARY SECTION:
1.
Mrs Urmil Gupta L.A
2.
Mrs Neelam Wadhwa L.A
3.
Ms Rajni Bala L.A
SECURITY WING:
1.
Mr Umed Singh
2.
Mr Manoj Kumar
3.
Mr Ram Singh