Lok Sabha Question No. 3140 (UNSTARRED), answered on 2021-03-15
Subject: Achievements of Schemes
Ministry: CORPORATE AFFAIRS
Asked by: Manoj Kumar Tiwari, Nishikant  Dubey

3140. SHRI MANOJ TIWARI:

DR. NISHIKANT DUBEY:

Will the Minister of CORPORATE AFFAIRS be pleased to state:

कारपोरेट कार्य मंत्री

- (a)  the  details  of  the  schemes  launched  by  the  Ministry  along  with  the  targets  set  and  the achievements made under each of the said scheme during the last three years;
- (b)  the  details  of  the  proposals  received  from  various  States  along  with  the  proposals approved by the Government under these schemes of the Ministry, State-wise; and
- (c) the details of the funds allocated and utilized for implementation of various schemes of the Ministry during the last three years and the current year, scheme/State-wise, including NCT of Delhi?

## ANSWER

## MINISTRY OF CORPORATE AFFAIRS

## GOVERNMENT OF INDIA LOK SABHA

## UN-STARRED QUESTION NO. 3140

ANSWERED ON MONDAY, MARCH 15, 2021/ PHALGUNA 24, 1942 (SAKA)

## ACHIEVEMENTS OF SCHEMES QUESTION

THE MINISTER OF STATE FOR

FINANCE AND CORPORATE AFFAIRS                                         (SHRI ANURAG SINGH THAKUR)

वित्त एिं कारपोरेट कार्य मंत्रालर् में राज्य मंत्री

(

श्री अनुराग व ंह ठाक ु र )

- (a)  to  (d):  The  Government  in  the  Ministry  of  Corporate  Affairs  (MCA)  administers  the provisions  of  the  Companies  Act,  2013  (herein  after  called  as  the  Act)  and  the  Limited Liability Partnerships ('LLPs') Act, 2008 and the Insolvency and Bankruptcy Code (IBC), 2016. Information pertaining to MCA is as under:
- i.  Companies  Fresh  Start  Scheme  (CFSS)  2020:-  Through  the  General  Circular  no.  12/2020 dated  30.03.2020,  the  Ministry  launched  the  "Companies  Fresh  Start  Scheme,  2020'  which inter-alia  provides  opportunities  to  Companies  to  make  good  any  filing  related  defaults, regardless  of  duration  of  defaults,  and  make  a  fresh  start  as  a  fully  compliant  entity.  The Scheme  condoned  the  delay  in  filing  the  belated  documents  and  gives  immunity  from prosecutions and proceedings for imposition of penalty which might arise on account of such delayed  filing  of  documents.  No  additional  fees  was  charged  for  late  filing  during  a moratorium period from 1st April to 31st December, 2020 in respect of documents, returns etc.  required  to  be  filed  in  MCA-21  Registry.  As  per  records,  473131  number  of  Indian Companies and 1065 number of Foreign Companies have been benefited by availing the CFSS, 2020 scheme for filing their pending documents.
- ii. LLP Settlement Scheme, 2020:- This Ministry vide notification dated 04.03.2020 introduced LLP Settlement  Scheme,  2020  to  provide  one-time  relaxation  in  additional  fees  to  the defaulting Limited Liability Partnerships ('LLPs') to make good their defaults by filing pending documents  with  the  Registrar  of  Companies  ('ROC'  or  'Registrar')  to  ease  the  hassle  of business enterprises. The LLP settlement scheme was initially rolled out from 16.03.2020 to

13.06.2020  for  certain  filings  by  LLPs. Further,  due  to  the  COVID-19  pandemic  the  said scheme  was  further  modified  and  expanded  from  01.04.2020  to  31.12.2020  to  cover  all  eforms. As  per  records  105643  number  of  LLPs  have  been  benefited  by  availing  the  LLP settlement scheme 2020 for filing their pending documents.

iii. Scheme for relaxation of time for filing forms related to creation or modification of charges under the Companies Act, 2013:- In pursuance of the Government of India's efforts to provide relief  to  law  abiding  companies  and  in  the  wake  of  COVID-19  pandemic,  the  Ministry  of Corporate Affairs, has introduced the Scheme for relaxation of time for filing forms related to creation or modification of charges under the Companies Act, 2013, vide General Circular no. 23/2020 dated 17th June, 2020. As per the scheme:-

(a) where the date of creation/ modification of charge is before 01.03.2020, but the timeline for filing such form had not expired under section 77 of the Act as on 01.03.2020 and if the form is filed on or before 31.12.2020, the fees payable as on 29.02.2020 under the Fees Rules for the said form shall be charged. If the form is filed thereafter, the applicable fees shall be charged under the Fees Rules after adding the number of days beginning from 01.01.2021 and, ending on the date of filing plus the time period lapsed from the date of the creation of charge till 29.02.2020.

(b) where the date of creation/ modification of charge falls on any date between 01.03.2020 to 31.12.2020 and If the form is filed before 31.12.2020, normal fees shall be payable under the Fees Rules. If the form is filed thereafter, the First day after the date of creation/ modification of charge shall be reckoned as 01.01.2021 and the number of days till the date of filing of the form shall be counted accordingly for the purposes of payment of fees under the Fees Rules.

iv.  Scheme  for  Condonation  of  delay  for  Restored  Companies  by  NCLT  between  01st December, 2020 to 31st December, 2020:- In order to provide benefit of filing overdue forms and  to  provide  waiver  of  additional  fees  for  restored  companies  by  National  Company  Law Tribunal  (NCLT),  the  Ministry  vide  Circular  No.  3/2021  dated  15.01.2021  announced  a Condonation of Delay Scheme for Companies restored by NCLT between 1st December, 2020 to 31st December, 2020 under section 252 of the Companies Act, 2013. The Scheme provides to  condone delay in filing forms with the  Registrar,  and spares payment of additional fees. Certain other terms are stipulated and are available in the Scheme document. This Scheme is in operation from 01st February 2021 and will be available for filing of any overdue e-forms by such companies till 31st March 2021.

v. 'Condonation of Delay Scheme 2018″ [CODS-2018]:- With a view to giving an opportunity for the  non-compliant,  defaulting  companies  to  rectify  the  default,  in  exercise  of  its  powers conferred  under  sections  403,  459  and  460  of  the  Companies  Act,  2013,  the  Central Government introduced a Scheme namely 'Condonation of Delay Scheme 2018″ [CODS-2018]. The scheme came into force with effect from 01.01.2018 and remained in force till 30.04.2018 vide  Ministry's General  Circular  No.  16/2017  dated  29.12.2017.   The  said  scheme  was applicable to all defaulting companies (other than the companies which have been struck off/ whose names have been removed from the register of companies under section 248(5) of the Act). A defaulting company was permitted to file its overdue documents which were due for filing till 30.06.2017 in accordance with the provisions of the Scheme.

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