Appendix 7

 

TEXT OF THE COMPANIES (PRESERVATION AND DISPOSAL OF RECORDS) RULES, 1966 WITH TEXT OF FORM

 

THE COMPANIES (PRESERVATION AND DISPOSAL OF RECORDS) RULES, 1966

 

New Delhi, the 5th January, 1966

 

G.S.R. 98.‑ In exercise of the powers conferred by sub‑section (1) of section 642 read with subsection (1‑A) of section 163 of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following rules, namely:

 

1. Short title and commencement.‑ (1) These rules may be called The Companies (Preservation and Disposal of Records) Rules, 1966.

 

(2)        They shall come into force on the 1st February, 1966.

 

2. Destruction of documents.‑ The documents specified in column (1) of the Schedule to these rules, kept by a company under section 163 of the Companies Act, 1956, may be destroyed after the expiration of the period indicated against them in column (2) of the said Schedule.

 

3. Preservation of documents beyond the period prescribed.‑ Notwithstanding anything contained in these rules, the Registrar of Companies may, by order in writing, direct any company to preserve any of the documents mentioned in column (1) of the said Schedule beyond the period specified for retention in the corresponding entry in column (2) thereof.

 

4. Register of documents destroyed to be maintained‑ A company shall maintain a register in the form set out in the Appendix annexed hereto wherein it shall enter brief particulars of the documents destroyed and all entries made therein shall be authenticated by the secretary or such other persons as may be authorised by the Board for the purpose.

 

5. A contravention of any of these Rules shall be punishable with fine which may extend to five hundred rupees.

 

THE SCHEDULE

 

[See Rules 2 and 3]

 

Name of documents

Period

 (1)

(2)

(1) Register of members commencing from the date of the registration of the company

Permanent.

(2) Index of members

Permanent.

(3) Register of debenture‑holders

15 years after the redemp­tion of debentures.

(4) Index of debenture‑holders

15 years after the redemp­tion of debentures.

(5) Copies of all annual returns prepared under sections 159 and 160 and copies of all certificates and documents required to be annexed thereto under sections 160 and 161

8 years from the date of fi­ling with the Registrar.

 

APPENDIX

[See Rule 4]

                                               

Particulars of doucments destroyed

Date and mode of destruction with the intials of Secretary or other authorised person

(1)

(2)

 

Guidelines for filling the form:

 

1.         The documents to be destroyed should not anything required to be kept permanently.

 

2.         Any document which is required to kept for a certain limited period and then destroyed can be kept more than the period also at the discretion of the company concerned.

 

3.         For the text of the Specimen filled up Form, refer BHANDARI'S GUIDE TO COMPANY LAW PROCEDURES Vol. 3.

 

4.         For Specimen Drafts of Company Precedents, Agreements, Deeds and Documentations, see BHANDARI'S GUIDE TO COMPANY LAW PROCEDURES, Vol. 4, (17th Edn., 2002).