Fayaz Bukhari
Srinagar, Jan 17: The Central Government today ordered an inquiry under Companies Act against Kashmir Chamber of Commerce and Industries (KCC&I).
The Government has invoked the stringent Sections of Companies Act 2013 into the affairs of the KCC&I.
The order signed by the Inquiry Officer, Syed Haamid Bukhari read that the Central Government and DG Corporate Affairs, Government of India has directed the Registrar of Companies Srinagar to conduct an inquiry into the affairs of the company.
The notice issued read: “The undersigned in exercise of power by virtue of section 206(4) of the Companies Act, 2013 order to furnish the information and documents within a period of 15 days”.
The letter read that the Inquiry Officer directs the company to furnish the board meeting statements of the last 5-6 years, bank statements and all the account statements of the company, details of donations and the source of funding besides the credentials of the office bearers in the company since 2010, and also all the minutes of the meetings that had taken place during past 7-8 years during its annual meetings.
“Further the company is directed to serve the notice to all the Directors and key managerial persons of the company and has been cautioned to show utmost compliance failing which penalty under relevant Sections of the Companies Act can be imposed,” read the order.
The KCC&I has been asked to furnish documents before the Inquiry Officer within 15 days. The documents include a copy of the Company’s Memorandum and Articles of Association as amended till date, two sets of Annual Accounts (Balance sheets and Income & Expenditure Accounts) together with the Board Report and Auditor Report thereon from the Financial Year 2015-16 till date; particulars of the Directors including Key Managerial Persons (KMP) and Managers of the Company including the members of its executive committee as defined in its AOA, from the Financial Year 2010-11 till date; details of members of the company under inquiry from the Financial Year 2015-16 till date and the list should be signed by the KMPs of that time; details of Registered office, branch offices, along with telephone numbers and website of the company along with supporting documents (Rent Agreement, Owner’s NOC, Utility bills etc.); if the Books of Accounts of the company are kept at a place other than the Registered Office of the Company, the address of such place with Rent Agreement, NOC, Utility bills of the premises; brief profile of the Company with details of nature of main business activity with modus operandi; details of delegation of executive and financial powers including the power for sanctioning of expenditure, operation of Bank Accounts and details of all the membership subscription, year-wise certified by the board; Copies of Minutes Book of Board Meetings and General Meetings (AGM and EGM) held from the Financial Year 2015-16 till date; Copy of register of contracts with the parties maintained by the company, details of Complaints/Grievances received, action taken and details of pending matters, also, details of any cases pending against the company or its Directors before any other investigating agency; details of Loans & Advances taken or given by the company, party-wise, date-wise, interested directors and their relatives; list of the bank account opened/maintained/closed by Company from the Financial Year 2015-16 till date with Name of Bank, Account No. Type of Account, Address of bank with IFSC & full details of account holder including PAN; Complete details of all the contributions/ donations received by the company since 2015-16 along with the list of the depositors/ investors specifying the amount of funds/money deposited/ invested in the Company with complete address, mode of payment, purpose of the payment should be disclosed along with the source of the fund; Bank Statements, Bank ledger book/bank book with full details of party name including PAN and nature of transactions in which the company under inquiry was involved since 2015-16 till date and the details of Database Management System which is used for maintaining the Company’s Books and Accounts in the electronic mode through any software and other data along with all the data dump since 2015-16.
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