Companies Act, 1956
Sec 113 -
Limitation of time for issue of certificates.
(1) Every company, unless prohibited by any
provision of law or of any order of any court, tribunal or other authority,
shall, within three months after the allotment of any of its shares, debentures
or debenture stock, and within two months after the application for the
registration of the transfer of any such shares, debentures or debenture stock,
deliver, in accordance with the procedure laid down in section 53, the
certificates of all shares, debentures and certificates of debenture stocks
allotted or transferred :
Provided that the Company Law Board may, on an
application being made to it in this behalf by the company, extend any of the
periods within which the certificates of all debentures and debenture stocks
allotted or transferred shall be delivered under this sub-section, to a further
period not exceeding nine months, if it is satisfied that it is not possible
for the company to deliver such certificates within the said periods.
The expression " transfer ", for the
purposes of this sub-section, means a transfer duly stamped and otherwise
valid, and does not include any transfer which the company is for any reason
entitled to refuse to register and does not register.
(2) If default is made in complying with
sub-section (1), the company, and every officer of the company who is in
default, shall be punishable with fine which may extend to five thousand rupees
for every day during which the default continues.
(3) If any company on which a notice has been
served requiring it to make good any default in complying with the provisions
of sub-section (1), fails to make good the default within ten days after the
service of the notice, the Company Law Board may, on the application of the
person entitled to have the certificates or the debentures delivered to him,
make an order directing the company and any officer of the company to make good
the default within such time as may be specified in the order ; and any such
order may provide that all costs of and incidental to the application shall be
borne by the company or by any officer of the company responsible for the
default.
(4) Notwithstanding anything contained in
sub-section (1), where the securities are dealt with in a depository, the
company shall intimate the details of allotment of securities to depository
immediately on allotment of such securities