Companies Directors Identification Number (Amendment) Rules, 2013 – Insertion of Rule 8
NOTIFICATION [F. NO. 5/80/2012-CL.V], DATED 15-3-2013
In exercise of the powers conferred by clauses (a) and (b) of sub-section (1) of sections 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: –
1. 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.