PURSUANT TO SECTION 4 (1) (B) OF THE RIGHT TO INFORMATION ACT, 2005, THE FOLLOWING INFORMATION WITH REGARD TO THE OFFICE OF OFFICIAL LIQUIDATOR IS HEREBY PUBLISHED: -
Information as required under section 4(1) (b) of
the Right to Information Act,2005
1(A) The particulars of the organization1(A) The particulars of the organization: The Official Liquidator, Delhi is appointed by the Central Government under section 448 of the Companies Act, 1956 and is functionally attached to the Hon’ble High Court of Delhi. The office of the Official Liquidator, Delhi is under the administrative charge of the Regional Director, Ministry of Corporate Affairs, Northern Region, Delhi. The Regional Director (NR), 2nd Floor ,Paryavaran Bhawan, CGO Complex Lodi Road, New Delhi-110003 who supervises the functioning of the office of the Official Liquidator on behalf of the Central Government. The Official Liquidator is entrusted with the duty of conducting the affairs of the companies under liquidation in accordance with the provisions of the Companies Act, 1956 read with Companies (Court) Rules, 1956 and is further subject to the orders of the Hon’ble High Court issued from time to time on the applications filed by or against the Official Liquidator and on the report filed by the Official Liquidator.
The office of the Official Liquidator is situated at 8th Floor, Lok Nayak Bhawan, Khan Market, New Delhi-110003
1(B) Functions and
duties:
The Official Liquidator is attached to the Delhi High Court, Delhi and discharges his functions and exercise the powers as envisaged under the provisions of Section 457 of the Companies Act subject to the orders of the Hon’ble High Court , from time to time.
The powers/functions as per Section 457 are :- (1) (a) to institute or defend any suit, prosecution, or other legal proceedings, civil or criminal, in the name and on behalf of the company;
(b) To carry on the business of the company so far as may be necessary for the beneficial winding up of the company;
(c) to sell the immovable and movable property and actionable claims of the company by public auction or private contract, with power to transfer the whole thereof to any person, body corporate, or to sell the same in parcels;
(d) to raise on the security of the assets of the company any money requisite;
(e) to do all such other things as may be necessary for winding up the affairs of the company and distributing its assets;
(2) (i) to do all acts and to execute, in the name and on behalf of the company, all deeds, receipts, and other documents, and for that purpose to use, when necessary, the company’s seal;
(ii) to inspect the records and returns of the company on the files of the Registrar without payment of any fee;
(iii) to prove, rank and claim in the insolvency of any contributory for any balance against his estate, and to receive dividends in the insolvency, in respect of that balance, as separate debt due from the insolvent, and ratably with the separate creditors;
(iv) to take out, in his official name, letters of administration to any deceased contributory, and to do in his official name any other act necessary for obtaining payment of any money due from a contributory or his estate which cannot be conveniently done in the name of the company, and in all such cases, the money due shall, for the purpose of enabling the liquidator to take out the letters of administration or recover the money, be deemed to be due to the liquidator himself
(v) to appoint an agent to do any business which the liquidator is unable to do himself.
2. Powers and duties of the Officers and
employees:
The Official Liquidator (OL) is assisted by Deputy Official Liquidator (DOL) and Assistant Official Liquidator (AOL). The Official Liquidator also directly looks after the work of a liquidation section and amalgamation section, apart from appearing before the Hon’ble Company Judge.
The brief distribution of duties entrusted to the Officers and section heads is as under:
OFFICE OF THE OFFICIAL LIQUIDATOR
HIGH COURT, DELHI.
ALLOCATION OF WORK
S.No.
|
Name of the Officer
|
Name of the Dealing Assistant
|
Section
|
1
|
Shri AK Mahapatra,
Official Liquidator
Direct Tel. 24693315, Telephone No. 24693392-93-94, Email : ol.delh@mca.gov.in
|
1. Sh. Nandan Bisht,
Steno Gr-II
2. Sh. Tribhuvan Sharma , Peon
3. Sh. Ved Prakash,
Peon
|
PA, Accounts, TC-I, TC-II, TC-III, TC-IV,
TC-V, Esstt, NBFC
|
2.
|
Sh. Vineet Rai, Deputy Official Liquidator,
Intercom No. 215
|
1. Sh. Rahul Kumar,
Steno
2. Sh. Sh. Mukesh Kumar , Poen
|
TC-I, TC-IV, TC-V ,
DDO, Esstt, NBFC
|
Section wise work allotted:-
S. No.
|
Name of Section
|
Section Head
|
DA
|
1.
|
TC-I
|
Mr Arvind
Bhartiya, JTA
|
1.
Sh. Ramesh Chandra, LA
2.
Sh. Manjeet Singhl, LA
3.
Sh.Harish Takkar, LA
4.
Ms. Anjali Goyal, CCS
5.
Ms. Uma Sharma,CCS
6.
Madan Singth Bisht
|
2.
|
TC-II
|
Mr Arvind
Bhartiya, JTA
|
1. Sh.Dinesh Arora, LA
2. Ms. Anita Setia, LA
3. Seema Bansal, LA
4. Ms. Anandi Devi, MTS
5. Ms. Mamta Tiwari,CCS
6. Sh. Subhbratoo Mukherjee, PS
|
3.
|
TC-III
|
Sh. D. S. Meena, STA
|
1.
Sh. Dinesh Khurana, LA
2.
Sh. Vijay Tiwari, LA
3.
Sh. Rajesh Kumar, LA
4.
Ms. Anju Dahiya, LA
5.
Sh. Wasim, LA
6.
Sh. Saket Kumar, CCS
7.
Ms. Snigdha, CCS
8.
Ms.Gunjan Chugh,CCS
9.
Sh. Arun Kumar, Peon
|
4.
|
T-IV
|
Sh. D. S. Meena,
STA
|
1.
Sh. Pradeep Bhardwaj, LA
2.
Sh. Harish Joshi, LA
3.
Sh. Dharmendra Shukla,LA
4.
Ms. Seema Dogra,LA
5.
Ms. Maya Gupta, LA
6.
Ms. Sakshi Aggarwal, CCS
7.
Ms. Sonali Sharma, CCS
8.
Sh. Mohan Bisht, Peon
|
5.
|
TC-V
|
Sh. D. S. Meena, STA
|
1.
Sh. R. K. Vashist, LA
2.
Sh. Gulab Singh, LA
3.
Sh. B. B. Swami, LA
4.
MS. Patibha Sharma, LA
5.
Ms. Poonam,CCS
6.
Ms. Babita Choudhry, CCS
7.
Sh. Mohan Singh Bisht, Peon
|
6.
|
Accounts
|
Sh. Sushil Sahai, JTA
|
1.
Sh.Pawan Kumar Garg, UDC
2.
Ms. Neeru Sharma, LA
3.
Ms. Kusum Lata, LA
4.
Ms. Simmi Ahuja, LA
5.
Ms. Lakshmi Bisht, A
6.
Sh. Amit Kumar, Accountant
7.
Sh. Amit Kumar Choudhry, Accountant(S.R.
accounting
8.
Sh. Sandeep Giri, Accountant
9.
Sh. Ram Singh,Peon
|
6.
|
NBFC
|
Sh. Mohan Singh Kataria, UDC
|
1.
Sh. Rishi Kumar, CCS
2.
Sh. Sanjay Rai. LA
3.
Ms. Sonu Saigal, LA
4.
Sh.Arun Kumar, Peon
|
7
|
Esstt.
|
Sh. D. S. Meena, STA
|
1.
Ms. Manisha Umrao, UDC
2.
Ms. Manju Kaushik, LA
3.
Ms. Nisha Jeena DEO
4.
Sh. Anil Aggarwal, LA
5.
Ms. Anjana Devi, Peon
6.
Sh. Madan Singh, Process server
7.
Sh. Manoj Kumar, Peon
8.
Sh. Jaman, Driver
9. Sh. Surjeet Singh, Peon cum Driver
10. Sh Bhoodutt Sharma, Record Sorter
11. Sh. Neeraj Gupta, Asstt. Security Superviser
|
8.
|
Dispatch /Diary Section
|
Sh. D.S. Meena , STA
|
1.
Ms. Rajni Koopar, LA
2.
Sh. Brham Prakash, MTS
3.
Sh. Amit Sharma, MTS
4.
Sh. Mahesh Kanojia
|
9.
|
Court Duty
|
|
1.
Sh. Dharmendra Shukla, LA
2.
Sh. Vijay Tiwari, LA
3.
Sh. Madan Singh Bisht, Peon
4.
Sh. Arvind Rai,Peon
|
10.
|
Record room
|
|
1.
Sh. Rajendra Tiwari, Asstt.
Record Keeper
2. Sh. Yadvinder
Sharma, Peon
|
3. Procedure followed in respect of decision making process:
All the works, files or reports are initiated by the LDC or UDC in the case of Government staff and Junior/Senior Assistant in the case of Company Paid Staff (CPS) and Consultant Company Secretary (CCS) as the case may be are put up to the Section Head who process the same and send to the DOL as the DOL process the same and send to the OL with his views/recommendations and the OL accords his final approval or otherwise. However, the OL delegates from time to time, by issue of Office Orders, the specified matters which are finally disposed off at DOL level as the case may be. Thus, each person/staff who takes the above decision making process is responsible and accountable to the extent of his/her contribution to a particular case/matter.
4. Norms for discharge of functions:
The office Official Liquidator complies with the statutory provisions of the Companies Act, 1956 and Companies (Court) Rules, 1959 and/or the orders of the Hon’ble High Court of Bombay in exercise of its powers conferred under the Companies Act and in discharge of its duties.
5. Acts, Rules, regulations, instructions, manuals and records used by
the employees for discharge of their functions:
The Companies Act,
1956
The Companies
(Court) Rules, 1959
The Securitization
and Reconstruction of Financial Assets and Enforcement of Security Interest
Act, 2002 (SARFAESI)
DRT Act, DRT and
DRAT Rules and regulations.
Industrial Disputes
Act, 1947.
Payment of Bonus
Act, 1965 and Payment of Bonus Rules, 1975.
Workmen’s
Compensation Act, 1923
General
Financial Rules framed by the Central Government
Fundamental Rules
and Supplementary Rules Part I –V of the Central Government
Central Civil
Services (Pension) Rules, 1972
CCS (Conduct) Rules,
1955
CCS (Classification
Control and Appeal) Rules, 1964
Ministry of
Corporate Affairs, Field Offices Recruitment Rules, 2011 and Administrative
circulars/ Orders of the Ministry of Corporate Affairs
6. Categories of documents:
The documents held by the office are those received from the various companies under liquidation, claimants, litigants, governments, the Official Liquidator’s Reports submitted to the Hon’ble High Court from time to time and other Courts and orders passed by the Hon’ble High Court, valuation reports obtained from approved valuers in respect of the assets of various
companies (in Liquidation).
7. The arrangements that exist for the consultation with or
representation by the members of the public in relation to the formulation of
policy or implementation thereof.
( Not applicable, since the liquidation proceedings of the
Companies under liquidation are undertaken as per the orders of the Hon’ble
High Court from time to time.)
8. Boards, Councils, Committees and other bodies consisting of two or
more persons constituted by it. Additionally, information as to whether
the meetings of these are open to the public, or minutes of meetings are
accessible to the public.
The Office of Official Liquidator, in discharge its functions, holds meetings
from time to time with secured/unsecured creditors, workmen, financial
institutions, banks, other Government institutions such as DRT, etc., for
carrying forward liquidation proceedings in respect of companies in liquidation
and the minutes of these meetings/ liquidation proceedings in respect of
specific companies can be obtained upon making application to the CPIO of the
office of the Official Liquidator, Mumbai. The purchase functions of the
office of the Official Liquidator are being discharged by a purchase
committee.
9. Directory of Officers and employees:
S. No.
|
Name of the
Officer
|
1
|
Shri AK Mahapatra ,
Official Liquidator
Direct Tel.
24693315, Fax No: 011-24693314, Telephone No. 24693392-93-94, Email : ol.delhi@mca.gov.in
|
2.
|
Sh. Vineet Rai, Deputy Official Liquidator, , Intercom No. 215
|
10. Monthly remuneration received by officers and employees:
May be referred to the list attached as per Annexure – “B”.
11. Budget allocation and expenditure:
The position of budget allocation vis a vis actual expenditure for the
financial years 2019-20, and
2020-21 is as under: (Rupees in lakhs)
Expenditure Head
|
Budget Allocation
for the financial year
|
Actual expenditure
for the financial year
|
2019-20
|
2020-21
|
2019-20
|
2020-21
|
Salary
|
11682000
|
12500000
|
11673286
|
11615087
|
DTE
|
62000
|
200000
|
61413
|
0
|
OE
|
2800000
|
2283000
|
2798009
|
1438094
|
Medical
|
223000
|
600000
|
177346
|
584413
|
OAE
|
20000
|
20000
|
16058
|
0
|
OTA
|
0
|
0
|
0
|
0
|
SAP
|
100000
|
0
|
20000
|
0
|
Total
|
3205000
|
15603000
|
3072826
|
13637594
|
12. The manner of execution of subsidy
program including the amount allocated and the details and beneficiaries
of such program.
Not
applicable.
13. Particulars of recipient of
concession permits or authorization granted:
Not
applicable.
14. Details of the information available
to or held by it reduced in an electronic form:
The
information in respect of companies under liquidation, dissolved under
compulsory winding up and under voluntary winding up, public notices for sale,
for invitation of claims and for declaration of dividend to creditors,
settlement of List of Creditors, etc. are placed in the
website of this office.
15. Particulars of Central Public
Information Officer, Assistant Central Public Information Officer and First Appellate
Authority.
Central Public Information Officer (CPIO)
|
Shri Vineet Rai, Deputy Official Liquidator, Delhi High Court, 8th Floor, Lok Nayak Bhawan, Khan Market, New Delhi-110003. Intercom No. 215
|
Assistant Central Public
Information Officer (ACPIO)
|
Sh. D. S. Meena, STA, Delhi High Court, 8th Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003.
|
First Appellate
Authority
|
Shri AK Mahapatra, Official Liquidator
Direct Tel. 24693315, Telephone No. 24693392-93-94, Email : ol.delh@mca.gov.in
|
OFFICERS:
Sr No.
|
Name of the
Officer
|
Official and
Designation
|
Basic Pay
|
Gross Pay
|
1
|
Shri AK Mahapatra
|
Official
Liquidator
|
142700
|
175383
|
2
|
Shri Vineet Rai,
|
Dy. Official
Liquidator
|
74000
|
95004
|
STAFF MEMBERS:
Sr No.
|
Name of the
Officer
|
Official and
Designation
|
Basic Pay
|
Gross Pay
|
1
|
Sh. D. S. Meena
|
Sr. Technical Assistant
|
55200
|
82044
|
2
|
Sh. Sushil Sahai
|
Junior Technical Assistant
|
49000
|
61542
|
3
|
Sh. Arvind
Bhartiya,
|
Junior Technical
Assistant
|
47600
|
59904
|
4
|
Sh. Nandan Bisht
|
Stenographer Gr.
ll
|
52000
|
77532
|
5
|
Ms. Manisha Umrao
|
Upper Division Clerk
|
39200
|
59484
|
6
|
Sh. Pawan Kumar
Garg
|
Upper Division Clerk
|
39200
|
59484
|
7
|
Sh. Mohan Singh
Kataria
|
Upper Division
Clerk
|
35300
|
53985
|
8
|
Sh. Amit Sharma
|
MTS
|
18500
|
28625
|
9
|
Ms. Anandi Devi
|
MTS
|
23500
|
34715
|
10
|
Breham Prakash
|
MTS
|
32000
|
49332
|
COMPANY PAID STAFF:
Sr No.
|
Name of the
Officer
|
Official and
Designation
|
Basic Pay
|
Gross Pay
|
1
|
Ms. Neeru Sharma
|
Liqn. Asstt.
|
46200
|
72354
|
2
|
Ms. Anita Setia
|
Liqn. Asstt.
|
46200
|
72354
|
3
|
Sh. R.K. Vashist
|
Liqn. Asstt.
|
46200
|
72354
|
4
|
Sh. B.B Swami
|
Liqn. Asstt.
|
46200
|
72354
|
5
|
Ms. Maya Gupta
|
Liqn. Asstt.
|
37600
|
60228
|
6
|
Ms. Vijay Tiwari
|
Liqn. Asstt.
|
37600
|
60228
|
7
|
Ms. Harish Joshi
|
Liqn. Asstt.
|
36500
|
58677
|
8
|
Ms. Seema Dogra
|
Liqn. Asstt.
|
36500
|
58677
|
9
|
Ms. Gulab Singh
|
Liqn. Asstt.
|
36500
|
58677
|
10
|
Ms. Seema Bansal
|
Liqn. Asstt.
|
33900
|
55011
|
11
|
Ms. Pratibha Sharma
|
Liqn. Asstt.
|
33900
|
55011
|
12
|
Ms. Simmi Ahuja
|
Liqn. Asstt.
|
33900
|
55011
|
13
|
Ms. Anil Aggarwal
|
Liqn. Asstt.
|
33900
|
55011
|
14
|
Ms. Anju Dahiya
|
Liqn. Asstt.
|
33900
|
55011
|
15
|
Ms. Pradeep Bhardwaj
|
Liqn. Asstt.
|
33900
|
55011
|
16
|
Ms. Sonu Saigal
|
Liqn. Asstt.
|
33900
|
55011
|
17
|
Ms. Rajni Bala
|
Liqn. Asstt.
|
33900
|
55011
|
18
|
Sh. Manjeeet Singh
|
Liqn. Asstt.
|
33900
|
55011
|
19
|
Ms. Kusum Bhatt
|
Liqn. Asstt.
|
33900
|
55011
|
20
|
Sh. Ramesh Chandra
|
Liqn. Asstt.
|
33900
|
55011
|
21
|
Ms. Dharmendra Shukla
|
Liqn. Asstt.
|
33900
|
55011
|
22
|
Ms. Dinesh Khurana
|
Liqn. Asstt.
|
33900
|
55011
|
23
|
Ms. Dinesh Arora
|
Liqn. Asstt.
|
33900
|
55011
|
24
|
Ms. Manju Kaushik
|
Liqn. Asstt.
|
33900
|
55011
|
25
|
Ms. Rajesh Kumar
|
Liqn. Asstt.
|
33900
|
55011
|
26
|
Sh. Harish Kr. Takkar
|
Liqn. Asstt.
|
31900
|
52191
|
27
|
Sh. Jaman Singh
|
Driver
|
31400
|
51486
|
28
|
Sh. Sanjay Kumar Rao
|
Liqn. Asstt.
|
25200
|
42744
|
29
|
Sh. Wasim Raja
|
Liqn. Asstt.
|
25200
|
42744
|
30
|
Sh. Mohan Singh Bisht
|
Peon
|
27100
|
45423
|
31
|
Sh. Mukesh
|
Peon
|
26800
|
45000
|
32
|
Sh. Arvind Rai
|
Process Server
|
26800
|
45000
|
33
|
Sh. Manoj
|
Peon
|
25200
|
42744
|
34
|
Sh. Mahesh Kanojia
|
Process Server
|
25200
|
42744
|
35
|
Sh. Ramji Rai
|
Peon
|
25200
|
42744
|
36
|
Sh. Madan Singh Bisht
|
Peon
|
25200
|
42744
|
37
|
Sh. Ram Singh
|
Peon
|
25200
|
42744
|
38
|
Sh. Surjeet Singh
|
Peon cum Driver
|
26000
|
43872
|
39
|
Sh. Subratoo Mukherjee
|
Process Server
|
26000
|
43872
|
40
|
Sh.Yadvinder Sharma
|
Process Server
|
24500
|
41757
|
41
|
Sh. Tribhuvan
|
Peon
|
24500
|
41757
|
42
|
Sh. Madan Singh
|
Process Server
|
24500
|
41757
|
43
|
Sh. Ved Prakash
|
Peon
|
24500
|
41757
|
44
|
Sh. Bhudutt Sharma
|
Record Sorter
|
24500
|
41757
|
45
|
Sh. Arun Kumar
|
Peon
|
24500
|
41757
|