Clarification with regard to applicability of provisions of section 139(5) and 139(7) of the Companies Act,2013

General Circular No. 33/2014

F. No.1/33/ 13-CL-V

Government of India

Ministrv of Corporate Alfairs

5th Floor, A Wing, Shastri Bhavan,

Dr R.P. Road, New Delhi

Dated: 3lst Julv. 2014

To

All Regional Directors,

All Registrars of Companies.

Subject: Clarillcation with regard to applicability of provisions of sectio!13915) and 139(71 of the Compani€s Act, 2013.

Doubts have been raised about applicability oi sectioDs 139{5) and 139(7)of the Companies Act, 2013 (New Act), which deal with appointment of auditorsby Comptroller and Auditor General of India (C&AG), to 'deemed GovernmentCompanies' referred to in section 619E} of the Companies Act 1956 (Old Act) i.e.companies where ownership or control lies with two or more Governmentcompanies or corporations etc in the manner detailed in section 6198 ibid,Stakeholders have pointed out that the New Act does not contain specificprovisions about 'deemed Government companies' on the lines of section 619Bof the Old Act. Clarification has been sought whether, under the new Act, suchdeemed Government companies would be subject to audit by the C&AG in thesame manner as Government Companies.