Section 11 in The Companies (Appointment and Qualification of Directors) Rules, 2014
11. Cancellation or surrender or Deactivation of DIN.
(1)The Central Government or Regional Director (Northern Region), Noida or any officer authorised by the Regional Director may, upon being satisfied on verification of particulars or documentary proof attached with the application received from any person, cancel or deactivate the DIN in case-(a)the DIN is found to be duplicated in respect of the same person provided the data related to both the DIN shall be merged with the validly retained number;(b)the DIN was obtained in a wrongful manner or by fraudulent means;(c)of the death of the concerned individual;(d)the concerned individual has been declared as a person of unsound mind by a competent Court;(e)if the concerned individual has been adjudicated an insolvent:Provided that before cancellation or deactivation of DIN pursuant to clause (b), an opportunity of being heard shall be given to the concerned individual;(f)on an application made in Form DIR-5 by the DIN holder to surrender his or her DIN along with declaration that he has never been appointed as director in any company and the said DIN has never been used for filing of any document with any authority, the Central Government may deactivate such DIN:Provided that before deactivation or any DIN in such case, the Central Government shall verify e-records.(2)[ The Central Government or Regional Director (Northern Region), or any officer authorised by the Central Government or Regional Director (Northern Region) shall, deactivate the Director Identification Number (DIN), of an individual who does not intimate his particulars in e-form DIR-3-KYC [or the web service DIR-3-KYC-WEB] [Inserted by Notification No. G.S.R. 615(E), dated 5.7.2018 (w.e.f 31.3.2014).] within stipulated time in accordance with Rule 12A.(3)The de-activated DIN shall be re-activated only after e-form DIR-3-KYC [or the web service DIR-3-KYC-WEB] [Inserted by Notification No. G.S.R. 528(E), dated 25.7.2019 (w.e.f. 31.3.2014).] is filed along with fee as prescribed under Companies (Registration Offices and Fees) Rules, 2014.] [Substituted by Notification No. G.S.R. 145(E), dated 28.2.2020 (w.e.f. 31.3.2014).]Explanation. - For the purposes of clause (b)-(i)the term "wrongful manner" means if the DIN is obtained on the strength of documents which are not legally valid or incomplete documents are furnished or on suppression of material information or on the basis of wrong certification or by making misleading or false information or by misrepresentation;(ii)the term "fraudulent means" means if the DIN is obtained with an intent to deceive any other person or any authority including the Central Government.
