08.09.2018 Views

India 2018

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

270 <strong>India</strong> <strong>2018</strong><br />

records and conducting of audit thereof subject to the specified threshold limits.<br />

The cost records help the compilation of cost database for the own use of such<br />

companies for the purpose of cost management, pricing and other related<br />

functions. These records are also used by various government agencies like<br />

price-fixation authorities, regulatory bodies, WTO implementation and<br />

monitoring agencies, Competition Commission of <strong>India</strong> (CCI), Serious Fraud<br />

Investigation Office (SFIO), revenue authorities, and other institutions. The<br />

Ministry analyses the cost audit reports and monitors compliance to the Act/<br />

Rules by the specified companies.<br />

Investor Education and Protection Fund<br />

The Companies Act provides for establishment of Investor Education and<br />

Protection Fund (IEPF) for promoting Investor Awareness and protecting their<br />

interests. The amount of dividend, matured deposits, matured debentures,<br />

application money, etc., which remained unpaid/unclaimed for a period of<br />

seven years from the date they first become due for payment, are transferred to<br />

IEPF. Section 205 C of the Companies Act, 1956 did not allow the refund of<br />

such amount to individual once it is transferred to IEPF. Section 125 of<br />

Companies Act, 2013 allows refund of unpaid amounts transferred to IEPF.<br />

Such refunds are to be made by the Investor Education and Protection Fund<br />

Authority under Section 125 of the Act.<br />

IEPF Authority was made functional from September, 2016. The IEPF<br />

Authority is also entrusted with the responsibilities of carrying out investor<br />

awareness activities using the amounts transferred to IEPF. Investor Awareness<br />

Programmes (IAPs) are organized in association with three professional<br />

institutes namely; (a) Institute of Chartered Accounts of <strong>India</strong>, (b) Institute of<br />

Company Secretaries of <strong>India</strong> and (c) Institute of Cost Accounts of <strong>India</strong>. In<br />

addition, investor awareness activities like Crawler messages on Doordarshan<br />

through Prasar Bharti and airing jingles on All <strong>India</strong> Radio for the period of 90<br />

days to create and increase investor's awareness were taken up.<br />

<strong>India</strong>n Corporate Law Service<br />

Ministry of Corporate Affairs is the cadre controlling authority of the <strong>India</strong>n<br />

Corporate Law service (ICLS). The erstwhile <strong>India</strong>n Company Law Service<br />

was rechristened in November, 2008 as the <strong>India</strong>n Corporate Law Service.<br />

Serious Fraud Investigation Office<br />

The Serious Fraud Investigation Office (SFIO) was set up in July, 2003. The<br />

Companies Act, 2013, interalia, has accorded statutory status to SFIO and its<br />

functions and powers have been enhanced substantially with number of<br />

enabling provisions in the Act and it was established under Section 211 of the<br />

Companies Act, 2013.<br />

The main function of SFIO is to investigate corporate frauds of serious<br />

and complex nature. It takes up investigation of frauds characterized by<br />

complexity, and having inter-departmental and multi-disciplinary ramifications,<br />

substantial involvement of public interest to be judged by size of either monetary

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!