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Centre's directive on defaulting PSUs
By Our Legal Correspondent
NEW DELHI, OCT. 7. The Centre has addressed letters to the Chief
Secretaries of various States asking them to persuade the board
of directors of defaulting Public Sector Undertakings (PSUs) in
their States to file necessary returns to the Department of
Company Affairs, failing which action would be taken against
these PSUs.
Disclosing this to mediapersons, the DCA secretary, Dr. P. L.
Sanjeev Reddy, said the Company Law Settlement Scheme was
applicable to all the registered companies, including State and
Central PSUs as well to those companies facing proceedings before
the BIFR.
As many of the PSUs had failed to respond to the scheme under the
pretext of recurring losses, the attention of the Chief
Secretaries had been drawn to ensure that the PSUs furnished the
relevant returns to avoid prosecution. ``We wanted to first set
out house in order before we proceed against the other erring
companies,'' Dr. Reddy said.
Explaining the steps taken by the DCA for qualitative improvement
in corporate governance, he said there was a proposal to ask the
companies to file abridged version of the balancesheet and the
contents to be incorporated in it were being finalised.
The joint secretary, Mr. A. Ramaswamy, said steps were being
taken by the DCA to ensure that the companies send their
statutory returns and make necessary payments `online'. This
would be possible after the Company Law Amendment Bill was passed
in Parliament during the winter session.
Explaining the steps taken against defaulting companies and their
directors, he said these companies and the names of the directors
would be put on the department's website soon.
The financial institutions would be asked not to lend money to
these companies or their directors. Also these directors would be
disqualified to become directors of any other company for the
next five years. Mr. Ramaswamy also said information would also
be furnished to the Registrar of Companies (RoC) to keep a vigil
during registration of fresh companies to ensure that the names
found in the `disqualified list' did not figure as Directors of
new companies.
Under the fast track exit scheme about 60,000 companies were
likely to be deleted and the department's endeavour would be have
control only with ``active players in the field'' for better
corporate governance in the context of emerging globalisation and
WTO regime, Mr. Ramaswamy said.
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