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Union of India - Section

Section 41 in Board For Industrial And Financial Reconstruction Regulations, 1987

41. Nothing in these regulations shall bar the Board from adopting, in conformity with the provisions of the Act, a procedure, which is at variance with any of the provisions of these regulations, if the Board, in view of the special circumstances of a case or a class of cases and for reasons to be recorded in writing, deems it necessary or expedient for dealing with such a case or class of cases.

[FORM A](See regulation 19)Complete Information/documents As Per The Different Columns Of The Form Should Be Furnished In Six Sets, An Incomplete Reference Is Liable To Be Rejected(Note.-Particulars furnished below shall give the position as on the dates unless otherwise directed in the questionnaire. Indicate financial figures in lakhs of rupees. Each page of the form shall be duly authenticated under signature and stamp of the informant.)
SECTION I  
1. Name, designation and address of the informant :  
2. Name of the industrial company  
Address  
(a) Head office  
(b) Registered office  
(c) Factory or factories  
3. (a) Number and date of registration of the company under the Companies Act, 1956, and the State in which registered. (A copy of the registration certificate to be enclosed)  
(b) Number and date of registration of all the factories/factory under the Factories Act, 1948, and the States/State in which registered. (A copy of registration certificate to be enclosed)  
(c) The heading/sub-heading of the scheduled industry or industries under the Industries (Development and Regulation) Act, 1951, to which the article(s) manufactured or proposed to be manufactured relate(s)  
(d) Number and date of registration or licence under the Industries(Development and Regulation) Act, 1951. In case the company is registered with DGTD or any other competent authority under the said Act, the number and date of registration with DGTD or such other authority should also be indicated. (A copy of registration certificate or licence to be enclosed)  
(e) Whether ancillary industrial undertaking within the meaning of clause (aa) of section 3 of the Industries (Development and Regulation) Act, 1951, read with the Ministry of Industry (Department of Industrial Development) Notification No. S.O. 232(E), dated April 2, 1991 (see (1991) 72 Comp Cas(St.) 17), as amended/ substituted from time to time Yes/No
(f) Whether a small scale industrial undertaking within the meaning of clause (aa) of section 3 of the Industries (Development and Regulation) Act, 1951, read with the Ministry of Industry (Department of Industrial Development) Notification No. S.O. 232(E), dated April 2, 1991 (see (1991) 72 Comp Cas(St.) 17), as amended/ substituted from time to time. Please indicate the original value of investment in plant and machinery whether held on ownership terms or by lease or by hire-purchase (before depreciation) : Yes/No
(g) Whether subsidiary of another company, if so, indicate the name and registered office of the holding company, its nature of business, shareholding patterns, promoters, management, etc.  
(h) Date of commencement of commercial production  
4. Capital structure NumberValueTotal
(i) Authorised capital-Preference shares, ordinary shares, deferred shares, any other class of shares :  
(ii) Issued capital-Preference shares, ordinary shares, deferred shares, any other class of shares :  
(iii) Paid-up capital-Preference shares, ordinary shares, deferred shares, any other class of shares :  
5. Free reserves and accumulated losses :  
(i) Free reserves (in terms of Explanation under section 3(1)(ga) of the Sick Industrial Companies (Special Provisions) Act, 1985), along with details :  
(ii) Accumulated losses as per latest balance-sheet :  
(iii) Accumulated losses, after accounting for all arrears of depreciation, accrued interest. Details of all un provided for liabilities should also be given :  
6. Financial position (as per the latest audited balance-sheet):  
Liabilities As on As on Assets As on As on
  ......... .........   ......... .........
A. Paid-up capital     F. Fixed assets    
B. Reserves     G. Non-current assets    
C. Term liabilities     H. Current assets    
D. Current liabilities     I. Others    
E. Others     J. Profit and loss account balance    
Total     Total    
7. Date of finalisation of duly audited accounts of the company for the relevant financial year (i.e., date of annual general meeting of the company in which accounts were approved for the financial year at the end of which accumulated losses became equal to or exceeded net worth) in terms of section 3(1)(o). (Copy of relevant AGM minutes to be enclosed) :  
8. (i) Financial position as per the provisional balance-sheet(s) available for the latest two year(s) in case they have not been duly audited:      
Liabilities As on As on Assets As on As on
  ......... .........   ......... .........
A. Paid-up capital     F. Fixed assets    
B. Reserves     G. Non-current assets    
C. Term liabilities     H. Current assets    
D. Current liabilities     I. Others    
E. Others     J. Profit and loss account balance    
Total     Total    
(ii) Date on which Board of Directors of the company formed opinion, about the company having become sick. A copy of the relevant Board resolution passed in the Board of Directors meeting to be enclosed.  
9. Whether closed or working (position of each plant/unit/division to be specified). If closed, the period of closure and proof of closure?  
10. Staff/labour employed  
  Head office Factory Other establishment Total
(a) Managerial(b) Supervisory-TechnicalNon-technical(c) Clerical(d) Labour:SkilledSemi-skilledUnskilled(e) Other categories(Indicate the maximum number of workers employed on any day during the 12 months preceding the last date of the financial year in which the accumulated losses of the company were equal to or exceeded its net worth).        
11. Whether any legal action already initiated by any creditor/whether already declared a relief undertaking? If legal action initiated, copies of all suits, winding-up petitions, Court orders passed from time to time therein should be furnished  
12. Has official liquidator/receiver been appointed in any winding-up petition and if so, copy of relevant Court orders should be furnished?  
SECTION II  
13.(a) Name(s) of the promoter(s) and his/their address(es) :  
(b) Shareholding pattern of all classes of shares Amount % of aggregate paid-up capital
(i) Promoters  
(ii) Associates  
(iii) Public financial institutions (institution-wise)  
(iv) State level institutions (institution-wise)  
(v) Banks (bank-wise)  
(vi) General public  
(c) Details of ten largest shareholders (against each, please indicate whether promoters associates/holding company/group/company)  
14. Sector : Private/Joint  
(a) Names of directors and their latest addresses (indicating A. Chairman, B. Whole time directors including managing director) :  
(b) Name and address of chief executive by whatever name called :  
15.(a)Main line(s)of business activity since registration of the company :  
(b) Other subsidiary/business activity :  
16. Name(s) and address(es) of all companies in the group/house/associates, their nature of activities and financial position as per last audited balance-sheet (company-wise)  
(a) Paid-up capital  
(b) Net worth  
(c) Sales  
(d) Net profit  
(e) Borrowings from public financial institutions :  
(f) Borrowings from banks  
17. Dues to individual banks (as on recent date to be specified by the informant)  
(a) (b) (c) (d) (e) (f) (g)
Name of bank Working capital limit/out-standing amount Working capital term loan Funded interest Term loans Total out-standing amount Irregularity
Original amount Out-standing amount Original amount Out-standing amount Original amount Out-standing amount
                   
Total                  
18. Dues to term lending institutions (as on a recent date to be specified by the informant):  
Name of institutions Original Amount Outstanding Default
Principal Interest Principal Interest
1. I.D.B.I.          
2. I.R.B.I.          
3. I.F.C.I.          
4. I.C.I.C.I.          
5. Others-SFCs, SIDCs, etc.          
(specify institutions individually)          
Total          
19. Deferred credits and leases, if any :
Name of institution/bank/company Amount Outstanding Default
Principal Interest Lease Instalments
           
20. Foreign financial institutions/collaborators:
Name of institutions/banks/company Amount Outstanding Default
Principal Interest
         
21. Contingent liabilities including guarantees, give details:  
22. Investments, if any, please provide details :  
(a) in companies  
(b) in others  
23. Statutory liabilities (as per audited/provisional accounts) :  
PF arrears  
ESI dues  
Excise arrears  
Sales tax arrears  
Electricity duty arrears  
Others-specify  
Total  
24. Fixed deposits as on a recent date (as per audited/provisional accounts) :  
  Amount Outstanding Default
Principal Interest
(i) From public(ii) From shareholders/directors(iii) From others (specify).        
25. Other unsecured loans (as per audited/provisional accounts) :
  Amount Interest rate Amount of interest fallen due, but not paid (for last five years)
Year Year Year Year Year
(i) From promoters and associates(ii) From others (specify)              
26. Sundry creditors according to audited/provisional accounts for the last five years : Amount Year Year Year Year Year
(i) Firms/companies/individuals having family or business relationship with the promoters/management(give details)(ii) Pressing creditors(iii) Others (specify)Total:  
27. Sundry debtors according to audited/provisional accounts for the last five years Amount Year Year Year Year Year
(i) Promoters and associates(ii) Others (specify)            
28. Total income for the last five years (to be indicated separately for each year) Amount Year Year Year Year Year
(i)Saleof products    
(ii) Other income (specify)    
(iii) Total    
(iv) Cost of production    
(a) Variable cost    
(b) Fixed cost    
(v) Gross profit/loss before interest, depreciation and taxes for last five years (to be indicated separately for each year) Amount Year Year Year Year Year
(vi) Interest    
(vii) Depreciation    
(viii) Taxes    
(ix) Net profit/loss (copies of balance-sheet for the last five years to be enclosed)    
29. Annual capacity  
Name of the products Licensed Installed
(a)    
(b)    
(c)    
30. Past production including by-products during the last five years : Year Year Year Year Year
Name of the products or by-products:  
(a) Quantity  
(b) Value  
31. Physical capacity utilisation, material and labour cost during the last five years (figures should relate to the position at the end of the year) Year Year Year Year Year
(a) Break-even point  
(b) Cash break-even point  
(c) Percentage of capacity utilisation  
(d) Material cost as percentage of output  
(e) Labour cost as percentage of output  
(f) Interest cost to operating cost  
(g) Unit cost of production and realisation in respect of major products:  
(a) Valuable cost  
(b) Fixed cost  
(c) Realisation per unit  
32. Working capital and its financing during the last five years (figures should relate to the position at the end of the year) : Year Year Year Year Year
(a) Total working capital          
(b) Working capital financed by:          
(i) Internal resources          
(ii) Borrowed resources          
(iii) Other sources          
33. Sources of financing cash loss as :-  
(a) Non-payment of overdue interest to FIs/banks  
(b) Non-payment of overdue interest to other creditors  
(c) Non-payment of statutory dues  
(d) Non-payment of workers' dues  
(e)Saleof assets  
(f) Irregularity in bank accounts  
(g) Loans (sources to be indicated)  
(h) Any other sources (to be specified)  
34. Names and registered office address of the recognised trade union/president and secretaries:  
SECTION III  
35. Reasons for sickness according to informant  
(a) Managerial problems  
(b) Production and technical problems  
(c) Marketing difficulties  
(d) Financial problems  
(e) Lack of adequate infrastructure  
(f) Shortage of raw material  
(g) Government policies  
(h) Other reasons to be specified  
36. Technical health of plant and machinery  
(a) Is maintenance up-to-date?  
(b) Are there frequent breakdowns of machinery?  
(c) Reasons for utilisation of capacity below breakeven level  
(d) Percentage of rejection of finished products  
(e) Are major replacements of machinery/ additions to machinery considered necessary?  
If so, give details including cost and benefits.  
When was last modernisation carried out? Details to be furnished.  
37. Can the technology employed be considered adequate or is there any need for upgradation?  
38. State of demand for company's products:  
Identify internal and external constraints :  
39. Has any recent market survey of demand for product(s) been conducted by you, an industry, association or other bodies and with what results?  
40. Does company have any proposal for diversification of the product range as a means of restoring viability? Give details  
41. Is, marketing/part operation/part processing done by a separate company under promoters' control? Give details including financial assistance given to, as also amounts due from that company  
42. How do the productivity/efficiency norms of the company compare with those prevailing in similar units in the industry. What measures need to be undertaken to improve these norms?  
43. Are there areas where costs are higher than the industry norms? If so, what cost reduction measures are proposed to be undertaken?  
44. Are there any surplus assets of the company which could be sold? If so, the realisable value thereof and the basis of valuation :-  
(a) Land  
(b) Plant and machinery  
(c) Others  
45. (i) Is there any surplus labour? If so, the number thereof, division-wise/unit-wise.  
(ii) Has any rationalisation/VRS proposal been discussed with the trade unions? If so, the outcome?  
46. (i) Whether it is possible for the company to make its net worth exceed the accumulated losses on its own within a reasonable time.  
[Please refer to section 17(2) of SICA]  
(ii) If so, furnish a note separately indicating steps required to be taken for that purpose. In the event the company's proposals as envisaged above cannot be submitted with the reference, the proposal should reach the Registrar not later than 45 days from the date of filing the reference.  
47. If it is not possible for the company on its own to make its net worth exceed the accumulated losses within a reasonable time, what are the company's proposals towards formulation of a scheme for rehabilitation under section 18 of SICA?  
Note.-The company's proposals towards formulation of a scheme for rehabilitation should take into account the replies against the preceding columns in Section III above as also the following general guidelines:-
(i)The cost of the scheme for rehabilitation including the cost ' of modernisation/renovation/expansion of plant and machinery, payment to pressing creditors, provisions for margin money for working capital, payment under voluntary retirement scheme, if any, etc., should be quantified and the means of financing the cost should be indicated.
(ii)The reliefs and concessions sought from financial institutions/banks. Central/State Governments and others should be quantified and their monetary value indicated separately for each agency/body.
(iii)The repayment of dues to Fls/banks should generally not exceed a period of seven years, and the average DSCR should be 1.33.
(iv)Promoter's contribution towards the cost of rehabilitation should be at least 30% of the total cost of the scheme including the monetary value of the reliefs and concessions and other sacrifices.
(v)The reliefs and concessions sought from the Central Government/State Government/ statutory bodies/other authorities/institutions should be in accordance with the standard package of reliefs and concessions announced by the Central Government/concerned State Governments/bodies/authorities/institutions, for sick industrial companies
I do hereby certify that the particulars and information given above are based on information derived from records and believed to be true...........................Signature of the informantThe company has, accordingly, become a sick industrial company within the meaning of clause (o), sub-section (1) of section 3 of the Sick Industrial Companies (Special Provisions) Act, 1985.On behalf of the Board of Directors of the company and duly authorised in that behalf, I hereby make reference under sub-section (1) of section 15 of the Act, and request the Board for Industrial and Financial Reconstruction for determination of the measures which shall be adopted with respect to the company.Date ........................Place ..............................................................................Signature and designation of the informantToThe Secretary,Board for Industrial and Financial Reconstruction,Jawahar Vyapar Bhawan,No. 1, Tolstoy Marg,New Delhi-110001.FORM AA[See regulation 17(1)]Complete Information/documents As Per The Different Columns Of The Form Should Be Furnished In Six Sets, An Incomplete Reference Is Liable To Be Rejected(To be filled up in respect of Government companies)(Note.-Particulars furnished below shall give the position as on the date unless otherwise directed in the questionnaire. Indicate financial figures in lakhs of rupees. Each page of the form shall be duly authenticated under signature and stamp of the informant.)
SECTION I  
1. Name, designation and address of the informant :  
2. Name of the industrial company  
Address  
(a) Head office  
(b) Registered office  
(c) Factory or factories  
3. (a) Number and date of registration of the company under the Companies Act, 1956, and the State in which registered. (A copy of registration certificate to be enclosed)  
(b) Number and date of registration of all the factories/factory under the Factories Act, 1948, and the States/State in which registered. (A copy of registration certificate to be enclosed)  
(c) The heading/sub-heading of the scheduled industry or industries under the Industries (Development and Regulation) Act, 1951, to which the article(s) manufactured or proposed to be manufactured relate(s)  
(d) Number and date of registration or licence under the Industries (Development and Regulation) Act, 1951. In case the company is registered with DGTD or any other competent authority under the said Act, the number and date of registration with DGTD or such other authority should also be indicated. (A copy of registration certificate or licence to be enclosed)  
(e) Whether ancillary industrial undertaking within the meaning of clause (aa) of section 3 of the Industries (Development and Regulation) Act, 1951, read with the Ministry of Industry (Department of Industrial Development) Notification No. S.O. 232(E), dated April 2, 1991 (see (1991) 72 Comp Cas (St.) 17), as amended/ substituted from time to time Yes/No
(f) Whether a small scale industrial undertaking within the meaning of clause (aa) of section 3 of the Industries (Development and Regulation) Act, 1951, read with the Ministry of Industry (Department of Industrial Development) Notification No. S.O. 232(E), dated April 2, 1991 (see (1991) 72 Comp Cas (St.) 17), as amended/ substituted from time to time. Please indicate the original value of investment in plant and machinery whether held on ownership terms or by lease or by hire-purchase(before depreciation) : Yes/No
(g) Whether subsidiary of another company, if so, indicate the name and registered office of the holding company, its nature of business, shareholding patterns, promoters, management, etc.  
(h) Date of commencement of commercial production Number Value Total
4. Capital structure  
(i) Authorised capital-Preference shares, ordinary shares, deferred shares, any other class of shares :  
(ii) Issued capital-Preference shares, ordinary shares, deferred shares, any other class of shares :  
(iii) Paid-up capital-Preference shares, ordinary shares, deferred shares, any other class of shares :  
5. Free reserves and accumulated losses :  
(i) Free reserves (in terms of Explanation under section 3(1)(ga) of the Sick Industrial Companies (Special Provisions) Act, 1985), along with details :  
(ii) Accumulated losses as per latest balance-sheet :  
(iii) Accumulated losses, after accounting for all arrears of depreciation, accrued interest. Details of all un provided for liabilities should also be given :  
6. Financial position (as per the latest audited balance-sheet) :  
Liabilities As on As on Assets As on As on
  ......... .........   ......... .........
A. Paid-up capital     F. Fixed assets    
B. Reserves     G. Non-current assets    
C. Term liabilities     H. Current assets    
D. Current liabilities     I. Others    
E. Others     J. Profit and loss account balance    
Total     Total    
7. Date of finalisation of duly audited accounts of the company for the relevant financial year (i.e., date of annual general meeting of the company in which accounts were approved for the financial year at the end of which accumulated losses became equal to or exceeded net worth) in terms of section 3(1)(o). (Copy of relevant AGM minutes to be enclosed) :  
8. (i) Financial position as per the provisional balance-sheet(s) available for the latest two year(s) in case they have not been duly audited :      
Liabilities As on As on Assets As on As on
  ......... .........   ......... .........
A. Paid-up capital     F. Fixed assets    
B. Reserves     G. Non-current assets    
C. Term liabilities     H. Current assets    
D. Current liabilities     I. Others    
E. Others     J. Profit and loss account balance    
Total     Total    
(ii) Date on which Board of Directors of the company formed opinion, about the company having become sick. A copy of the relevant Board resolution passed in the Board of Directors meeting to be enclosed.  
9. Whether closed or working (position of each plant/unit/division to be specified). If closed, the period of closure and proof of closure?  
10. Staff/labour employed : Head office Factory Other establishment Total
(a) Managerial        
(b) Supervisory-        
Technical        
Non-technical        
(c) Clerical        
(d) Labour:        
Skilled        
Semi-skilled        
Unskilled        
(e) Other categories        
(Indicate the maximum number of workers employed on any day during the 12 months preceding the last date of the financial year in which the accumulated losses of the company were equal to or exceeded its net worth).        
11. Whether any legal action already initiated by any creditor/whether already declared a relief undertaking? If legal action initiated, copies of all suits, winding-up petitions, Court orders passed from time to time therein should be furnished  
12. Has official liquidator/receiver been appointed in any winding-up petition and if so, copy of relevant Court orders should be furnished?  
SECTION II  
13. (a) Name(s) of the promoter(s) and his/their address(es):  
(b) Shareholding pattern of all classes of shares Amount % of aggregate paid-up capital
(i) Promoters  
(ii) Associates  
(iii) Public financial institutions (institution-wise)  
(iv) State level institutions (institution-wise)  
(v) Banks (bank-wise)  
(vi) General public  
(c) Details of ten largest shareholders (against each, please indicate whether promoters associates/holding company/group/company)  
14. Sector : Private/Joint  
(a) Names of directors and their latest addresses (indicating A. Chairman, B. Whole time directors including managing director) :  
(b) Name and address of chief executive by whatever name called :  
15. (a)Main line(s)of business activity since registration of the company :  
(b) Other subsidiary/business activity:  
16. Name(s) and address(es) of all companies in the group/house/associates, their nature of activities and financial position as per last audited balance-sheet (company-wise)  
(a) Paid-up capital  
(b) Net worth  
(c) Sales  
(d) Net profit  
(e) Borrowings from public financial institutions :  
(f) Borrowings from banks  
17. Dues to individual banks (as on recent date to be specified by the informant)  
(a) (b) (c) (d) (e) (f) (g)
Name of bank Working capital limit/out-standing amount Working capital term loan Funded interest Term loans Total out-standing amount Irregularity
Original amount Out-standing amount Original amount Out-standing amount Original amount Out-standing amount
                   
Total                  
18. Dues to term lending institutions (as on a recent date to be specified by the informant):  
Name of institutions Original Amount Outstanding Default
Principal Interest Principal Interest
1. I.D.B.I.          
2. I.R.B.I.          
3. I.F.C.I.          
4. I.C.I.C.I.          
5. Others-SFCs, SIDCs, etc.          
(specify institutions individually)          
Total          
19. Deferred credits and leases, if any :
Name of institution/bank/company Amount Outstanding Default
Principal Interest Lease Instalments
           
20. Foreign financial institutions/collaborators:
Name of institutions/banks/company Amount Outstanding Default
Principal Interest
         
21. Contingent liabilities including guarantees, give details:  
22. Investments, if any, please provide details :  
(a) in companies  
(b) in others  
23. Statutory liabilities (as per audited/provisional accounts) :  
PF arrears  
ESI dues  
Excise arrears  
Sales tax arrears  
Electricity duty arrears  
Others-specify  
Total  
24. Fixed deposits as on a recent date (as per audited/provisional accounts) :  
  Amount Outstanding Default
      Principal Interest
(i) From public(ii) From shareholders/directors(iii) From others (specify).        
25. Other unsecured loans (as per audited/provisional accounts) :
  Amount Interest rate Amount of interest fallen due, but not paid (for last five years)
      Year Year Year Year Year
(i) From promoters and associates(ii) From others (specify)              
26. Sundry creditors according to audited/provisional accounts for the last five years : Amount Year Year Year Year Year
(i) Firms/companies/individuals having family or business relationship with the promoters/management(give details)  
(ii) Pressing creditors  
(iii) Others (specify)  
Total:  
27. Sundry debtors according to audited/provisional accounts for the last five years Amount Year Year Year Year Year
(i) Promoters and associates(ii) Others (specify)            
28. Total income for the last five years (to be indicated separately for each year) Year Year Year Year Year
(i)Saleof products  
(ii) Other income (specify)  
(iii) Total  
(iv) Cost of production  
(a) Variable cost  
(b) Fixed cost  
(v) Gross profit/loss before interest, depreciation and taxes for last five years (to be indicated separately for each year) Year Year Year Year Year
(vi) Interest  
(vii) Depreciation  
(viii) Taxes  
(ix) Net profit/loss (copies of balance-sheet for the last five years to be enclosed)  
29. Annual capacity  
Name of the products Licensed Installed
(a)    
(b)    
(c)    
 
30. Past production including by-products during the last five years : Year Year Year Year Year
Name of the products or by-products:          
(a) Quantity          
(b) Value          
31. Physical capacity utilisation, material and labour cost during the last five years (figures should relate to the position at the end of the year) Year Year Year Year Year
(a) Break-even point  
(b) Cash break-even point  
(c) Percentage of capacity utilisation  
(d) Material cost as percentage of output  
(e) Labour cost as percentage of output  
(f) Interest cost to operating cost  
(g) Unit cost of production and realisation in respect of major products:  
(a) Valuable cost  
(b) Fixed cost  
(c) Realisation per unit  
32. Working capital and its financing during the last five years (figures should relate to the position at the end of the year) : Year Year Year Year Year
(a) Total working capital          
(b) Working capital financed by:          
(i) Internal resources          
(ii) Borrowed resources          
(iii) Other sources          
33. Sources of financing cash loss as :
(a) Non-payment of overdue interest to FIs/banks
(b) Non-payment of overdue interest to other creditors
(c) Non-payment of statutory dues
(d) Non-payment of workers' dues
(e)Saleof assets
(f) Irregularity in bank accounts
(g) Loans (sources to be indicated)
(h) Any other (sources to be specified)
34. Names and registered office address of the recognised trade union/president and secretaries:
SECTION III  
35. Reasons for sickness according to informant  
(a) Managerial problems  
(b) Production and technical problems  
(c) Marketing difficulties  
(d) Financial problems  
(e) Lack of adequate infrastructure  
(f) Shortage of raw material  
(g) Government policies  
(h) Other reasons to be specified  
36. Technical health of plant and machinery  
(a) Is maintenance up-to-date?  
(b) Are there frequent breakdowns of machinery?  
(c) Reasons for utilisation of capacity below breakeven level  
(d) Percentage of rejection of finished products  
(e) Are major replacements of machinery/ additions to machinery considered necessary?  
If so, give details including cost and benefits.  
When was last modernisation carried out? Details to be furnished.  
37. Can the technology employed be considered adequate or is there any need for upgradation?  
38. State of demand for company's products:  
Identify internal and external constraints  
39. Has any recent market survey of demand for product(s) been conducted by you, an industry, association or other bodies and with what results?  
40. Does company have any proposal for diversification of the product range as a means of restoring viability? Give details  
41. Is, marketing/part operation/part processing done by a separate company under promoters' control? Give details including financial assistance given to, as also amounts due from that company  
42. How do the productivity/efficiency norms of the company compare with those prevailing in similar units in the industry. What measures need to be undertaken to improve these norms?:  
43. Are there areas where costs are higher than the industry norms? If so, what cost reduction measures are proposed to be undertaken?  
44. Are there any surplus assets of the company which could be sold? If so, the realisable value thereof and the basis of valuation :-  
(a) Land  
(b) Plant and machinery  
(c) Others  
45. (i) Is there any surplus labour? If so, the number thereof, division-wise/unit-wise.  
(ii) Has any rationalisation/VRS proposal been discussed with the trade unions?If so, the outcome?  
46. (i) Whether it is possible for the company to make its net worth exceed the accumulated losses on its own within a reasonable time.  
[Please refer to section 17(2) of SICA]  
(ii) If so, furnish a note separately indicating steps required to be taken for that purpose. In the event the company's proposals as envisaged above cannot be submitted with the reference, the proposal should reach the Registrar not later than 45 days from the date of filing the reference.  
47. If it is not possible for the company on its own to make its net worth exceed the accumulated losses within a reasonable time, what are the company's proposals towards formulation of a scheme for rehabilitation under section 18 of SICA?  
Note.-The company's proposals towards formulation of a scheme for rehabilitation should take into account the replies against the preceding columns in Section III above as also the following general guidelines:-  
(i) The cost of the scheme for rehabilitation including the cost ' of modernisation/renovation/expansion of plant and machinery, payment to pressing creditors, provisions for margin money for working capital, payment under voluntary retirement scheme, if any, etc., should be quantified and the means of financing the cost should be indicated.  
(ii) The reliefs and concessions sought from financial institutions/banks. Central/State Governments and others should be quantified and their monetary value indicated separately for each agency/body.  
(iii) The repayment of dues to Fls/banks should generally not exceed a period of seven years, and the average DSCR should be 1.33.  
(iv) Promoter's contribution towards the cost of rehabilitation should be at least 30% of the total cost of the scheme including the monetary value of the reliefs and concessions and other sacrifices.  
(v) The reliefs and concessions sought from the Central Government/State Government/ statutory bodies/other authorities/institutions should be in accordance with the standard package of reliefs and concessions announced by the Central Government/concerned State Governments/bodies/authorities/institutions, for sick industrial companies.  
SECTION IV  
48. (a) Is the unit taken over from private sector? If so, the date of take over of management under Industries (Development and Regulation) Act, 1951, and financial position at the time of management take over  
(b) Date of nationalisation  
49. Corporate objectives and plans and details of memorandum of understanding entered into with the Government, if any  
50. No. of employees retiring each year in the next three years  
51. Does the unit follow administered prices? (Please specify the prices and products and cost of production thereof)  
52. (a) Financial reliefs and capital re-structuring done during the past indicating the date of each 'capital re-structuring the quantum of benefits/reliefs provided  
(b) Conditions, obligations, commitments for sanction of reliefs each time and the extent to which fulfilled  
53. Subsidies received from Government during last five years  
(a) Interest  
(b) Others  
54. Social costs incurred during the last five years.  
(a) Capital invested in social infrastructure school, township  
(b) Cost of running township  
(c) Cost of labour welfare measures  
(d) Others  
55. Copies of the regular or special reports issued by audit authorities during last three years  
56. Copy of the report, if any, prepared by Parliament/State Legislature Committee with respect to the affairs of the company  
57. Copies of annual reports for the last three years of the administrative Ministry on the working and affairs of the company as required under section 619-A of the Companies Act, 1956, and laid before Parliament/State Legislature:  
I do hereby certify that the particulars and information given above are based on information derived from records and believed to be true...........................Signature of the informantThe company has, accordingly, become a sick industrial company within the meaning of clause (o) of sub-section (1) of section 3 of the Sick Industrial Companies (Special Provisions) Act, 1985.On behalf of .................and duly authorised in that behalf, I hereby make a reference under sub-section (2) of section 15 of the Act to the Board for Industrial and Financial Reconstruction for determination of the measures which may be adopted with respect to the company..............................................Signature and designation of the informantDate .......................Place ......................ToThe Secretary,Board for Industrial and Financial Reconstruction,Jawahar Vyapar BhawanNo. 1, Tolstoy MargNew Delhi -110001.FORM B[See regulation 19(2)]Complete Information/documents As Per The Different Columns Of The Form Should Be Furnished In Six Sets, An Incomplete Reference Is Liable To Be Rejected(Note.-Particulars furnished below shall give the position as on the dates unless otherwise directed in the questionnaire. Indicate financial figures in lakhs of rupees.
1. Name, designation and address of the informant :  
2. Name of the industrial company  
Address  
(a) Head office  
(b) Registered office  
(c) Factory or factories  
3. (a) Number and date of registration of the company under the Companies Act, 1956 and the State in which registered. (A copy of registration certificate to be enclosed) :  
(b) Number and date of registration of all the factories/factory under the Factories Act, 1948 and the States/State in which registered. (A copy of registration certificate to be enclosed) :  
(c) The heading/sub-heading of the scheduledindustry or industries under the Industries (Development and Regulation) Act, 1951, to which the article(s) manufactured or proposed to be manufactured relate(s) :  
(d) Number and date of registration or licencesunderthe Industries (Development andRegulation) Act, 1951. In case the company isregisteredwith DGTD or any other competent authority under the said Act, the number and date of registration with DGTD or any suchauthority should also be indicated. (A copy of registration certificate or licence to be enclosed) :  
(e) Whether ancillary industrial undertaking aswithinthe meaning of clause (aa) of section 3 ofthe Industries (Development and Regulation) Act, 1951, read with the Ministry of Industry (Department of Industrial Development) Notification No. S.O.232(E), dated 2-4-1991, as amended/substituted from time to time : Yes/No
(f) Whether a small scale industrial undertaking as defined in clause (J) of section 3 oftheIndustries(Development and Regulation) Act, 1951, read with the Ministry of Industry (Department of Industrial Development) Notification No. S.O. 232(E), dated 2-4-1991,asamended/substituted from time to time.  
Please indicate investments in plant and machinery whether held on ownership terms or by lease or by hire-purchase (before depreciation) : Yes/No
4. (a) Name(s) of the promoter(s) and his/their address(es)  
(b) Shareholding pattern of all classes of shares. Amount% of aggregate paid-up capital
(i) Promoters  
(ii) Associates  
(iii) Public financial institutions (institution-wise)  
(iv) State level institutions (institution-wise)  
(v) Banks(bank-wise)  
(vi) General public  
(c) Details of ten largest shareholders (Againsteach, please indicate whether promoters/ associates/holding company/group company)  
5. Sector: Private/Joint  
6. (a) Names of directors and their latest addresses  
(indicating A. Chairman, B. Whole time directorsincluding managing director and C. Nominee directors)  
(b) Name and address of chief executive bywhatever name called  
7. (a)Main line(s)of business activity since registration of the company  
(b) Other subsidiary business activity  
8. Whether MRTP company Yes/No
9. Whether FERA company Yes/No
10. Financial position(as per the last two auditedbalance-sheets) :  
Liabilities As on As on Assets As on As on
  .......... ..........   .......... ..........
A. Paid-up capital     F. Fixed assets    
B. Reserves     G. Non-current assets    
C. Term liabilities     H. Current assets    
D. Current liabilities     I. Others    
E. Others     J. Profit and loss account balance    
Total     Total    
(Copies of balance-sheets for last five years to beenclosed, if available)  
11. Net worth (as defined in section 3(1)(ga) of the Sick Industrial Companies (Special Provisions)Act, 1985)  
(a) Peak net worth and the year  
(b) Net worth at the end of last financial year  
12. Whether closed or working (position of eachplant/unit/division to be specified)  
13. Dues to individual banks (as on a recent date to be specified by the informant)  
(a) (b) (c) (d) (e) (f) (g)
Name of bank Working capital limit/out-standing amount Working capital term loan Funded interest Term loans Total out-standing amount Irregularity
Original amount Out-standing amount Original amount Out-standing amount Original amount Out-standing amount
                   
Total                  
14. Dues to term lending institutions(as on a recent date to be specified by the informant)
Name of institutions Original Amount Outstanding Default
    Principal Interest Principal Interest
1. I.D.B.I.2. I.R.B.I.3. I.F.C.I.4. I.C.I.C.I.5. Others-SFCs, SIDCs, etc.(specify institutions individually)          
Total          
15. Reasons for erosion of net worth according to the informant  
(a) Managerial problems  
(b) Production and technical problems  
(c) Marketing difficulties  
(d) Financial problems  
(e) Lack of adequate infrastructure  
(f) Shortage of raw material  
(g) Government policies  
(h) Other reasons tc be specified  
16. Measures taken or contemplated for revival  
17. Whether any legal action already initiated byanycreditor. If so, furnish copy of winding-uppetitions and copy of Court order, if any, or indicate the latest position  
18. Whether official liquidator/receiver appointed.  
If so, furnish copy of Court order or indicate the latest position  
19. Any other information considered relevant or useful  
I do hereby certify that the particulars and information given above are based on information given above are based on information derived from records and believed to be true..........................................Signature of the informantThe company has, accordingly, become a sick industrial company within the meaning of clause (o) of sub-section (1) of Section 3 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986).On behalf of.............. and duly authorised in that behalf, I hereby make a reference under sub-section (2) of Section 15 of the Act to the Board for Industrial and Financial Reconstruction for determination of the measures which may be adopted with respect to the company.Date..........................Place.....................................................................Signature and designation of the informationToThe Secretary,Board for Industrial and Financial Reconstruction,Jawahar Vyapar BhawanNo. 1, Tolstoy MargNew Delhi -110001.FORM BB[See regulation 19(2)]Complete Information/documents As Per The Different Columns Of The Form Should Be Furnished In Six Sets, And Incomplete Reference Is Liable To Be Rejected(To be filled up in respect of Government companies)(Note.-Particulars furnished below shall give the position as on the date unless otherwise directed in the questionnaire. Indicate financial figures in lakhs of rupees.)
1. Name, designation and address of the informant :  
2. Name of the industrial company  
Address  
(a) Head office  
(b) Registered office  
(c) Factory or factories  
3. (a) Number and date of registration of the company under the Companies Act, 1956, and the State in which registered. (A copy of registrationcertificate to be enclosed)  
(b) Number and date of registration of all thefactories/factory under the Factories Act, 1948, and the States/State in which registered. (A copyof registration certificate to be enclosed)  
(c) The heading/sub-heading of the scheduled industry or industries under the Industries (Development and Regulation) Act, 1951, to which the article(s) manufactured or proposed tobe manufactured relate(s)  
(d) Number and date of registration or licenceunderthe Industries (Development and Regulation) Act, 1951. In case the companyisregisteredwith DGTD or any other competent authority under the said Act, the number and date of registration with DGTD or any such authority should also be indicated. (A copy of registration certificate or licence Lobe enclosed) :  
(e) Whether ancillary industrial undertakingwithinthe meaning of clause (aa) of section 3 ofthe Industries (Development and Regulation) Act, 1951, read with the Ministry of Industry (Department of Industrial Development) Notification No. S.O. 232(E), dated April 2, 1991, as amended/substituted from time to time Yes/No  
(f) Whether a small scale industrial undertaking asdefinedin clause (j) of section 3 of the Industries(Development and Regulation) Act, 1951, read with the Ministry of Industry (Department of Industrial Deveiopment) Notification No. S.O. 232(E), dated April 2, 1991, as amended/ substituted from time to time. Please indicate investments in plant and machinery whether held on ownership terms or by lease or by hire purchase(before depreciation) Yes/No
4. (a) Shareholding pattern of all classes of shares : Amount % of aggregate paid-up capital and name of administrative Ministry/Department
(b) Indicate separately the shareholding of theCentral Government/State Government/Fl(Central and State) and private  
5. (a) Is the unit taken over from private sector? If so, the date of take over of management under theIndustries (Development and Regulation) Act, 1951, and financial position at the time of management take over  
(b) Date of nationalisation  
6. Names of directors and their latest addresses (indicating A. Chairman, B. Whole time directors including managing director, chief executive during last five years and C. Nominee directors) :  
7. (a)Main line(s)of business activity since registration of the company  
(b) Other subsidiary business activity  
8. Financial position (as per the last two auditedbalance-sheets)  
Liabilities As on As on Assets As on As on
  .......... ..........   .......... ..........
A. Paid-up capital     F. Fixed assets    
B. Reserves     G. Non-current assets    
C. (i) Secured loans     H. Current assets    
(ii) Unsecured loans     I. Others    
D. Current liabilities     J. Profit and loss account balance    
E. Others          
Total     Total    
(Copies of balance-sheets for last five years to be enclosed, if available)  
9. Net worth (as defined in section 3(1)(ga) of the Sick Industrial Companies (Special Provisions)Act, 1985  
(a) Peak net worth and the year  
(b) Net worth at the end of the last financial year:  
10. Corporate objectives and plans and details of memorandum of understanding entered into with the Government, if any  
11. Whether closed or working(position of each plant/unit/division to be specified)  
12. Dues to individual banks (as on a recent date to be specified by the informant)  
(a) (b) (c) (d) (e) (f) (g)
Name of bank Working capital limit/out-standing amount Working capital term loan Funded interest Term loans Total out-standing amount Irregularity
Original amount Out-standing amount Original amount Out-standing amount Original amount Out-standing amount
                   
Total                  
13. Dues to the Government/term lendinginstitutions (as on a recent date to be specified by the informant)  
Name of institutions Original Amount Outstanding Default
Principal Interest Principal Interest
1. Central Government          
2. State Government          
3. I.D.B.I.          
4. I.R.B.I.          
5. I.F.C.I.          
6. I.C.I.C.I.          
7. Others-SFCs, SIDCs, etc.(specify institutions individually)          
Total          
14. Guarantees, if any, by the Central/State Government (indicate the amount for which guarantees have been given by the Central/ State Government)  
15. Is there any surplus labour?Give available information on surplus labour includingdivision/unit, rationalisation scheme, if any discussed, etc.  
16. Can the technology employed be considered adequate or is there any need for upgradation?  
17. State of demand for company's product. Projection of demand and supply of the product for next few years, if any conducted by aGovernment Department/Agency  
18. Are there any specific Government (Central or State) policies or actions which have contributed to the sickness of the unit(e.g., tariff anomalies, denial of power, import policy, etc.) What Government action can help revival?  
19. Does the unit follow administered prices? Furnish relevant details  
20. Directives, if any, issued by the Central/State Government under articles of association  
21. (a) Financial reliefs and capital restructuring done during the past indicating the date of each capital restructuring the quantum of benefits/ reliefs provided  
(b) Conditions, obligations, commitments forsanction of reliefs each time and the extent to which fulfilled:  
22. Subsidies received from the Government during last five years  
(a) Interest  
(b) Others  
23. Have particular aspects of sickness of the company been studied by the Government? Finding and suggestions in that regard  
24. Reasons for erosion of net worth according to informant  
(a) Managerial problems  
(b) Production and technical problems  
(c) Marketing difficulties  
(d) Financial problems  
(e) Lack of adequate infrastructure  
(f) Shortage of raw material  
(g) Government policies  
(h) Other reasons to be specified  
25. Copy of the regular or special reports issued by audit authorities during last three years  
26. Copy of the reports, if any, prepared by Parliament/State Legislature Committee with respect to the affairs of the company  
27. Copies of annual reports for the last three years of the administrative Ministry of the working and affairs of the company as required under section 619-A of the Companies Act, 1956 and laid before Parliament/State Legislature  
28. Any other information considered relevant or useful  
I do hereby certify that the particulars and information given above are based on information derived from records and believed to be true..........................................Signature and designation of the informantThe company has, accordingly, become a sick industrial company within the meaning of clause (o) of sub-section (1) of section 3 of the Sick Industrial Companies (Special Provisions) Act, 1985.On behalf of .....................................and duly authorised, I hereby make a reference under sub-section (2) of section 15 of the said Act, and request the Board for Industrial and Financial Reconstruction for determination of the measures which shall be adopted with respect to the company.Date .......................Place ..................................................Signature and designation of the informantToThe Secretary,Board for Industrial and Financial Reconstruction,Jawahar Vyapar Bhawan,No. 1, Tolstoy Marg,New Delhi -110001.FORM CReporting Form-Where Net Worth Has Been Eroded By Fifty Per Cent[See regulation 36(1)](Note.-Particulars furnished below shall give the position as on the date unless otherwise directed in the questionnaire. Indicate financial figures in lakhs of rupees.)
1. Name of the industrial company and address  
(a) Head office  
(b) Registered office  
(c) Factory or factories  
2. (a) Number and date of registration of the company under the Companies Act, 1956, and the State in which registered. (A copy of registration certificate to be enclosed)  
(b) Number and date of registration of all thefactories/factory under the Factories Act, 1948, and the States/State in which registered. (A copyof registration certificate to be enclosed)  
(c) The heading/sub-heading of the scheduledindustry or industries under the Industries (Development and Regulation) Act, 1951, to which the article(s) manufactured or proposed tobe manufactured relate(s)  
(d) Number and date of registration or licenceunderthe Industries (Development andRegulation) Act, 1951. In case the company isregisteredwith DGTD or any other competent authority under the said Act, the number and date of registration with DGTD or any such otherauthority should also be indicated. (A copy of registration certificate or licence to be enclosed) :  
(e) Whether ancillary industrial undertakingwithinthe meaning of clause (aa) of section 3 ofthe Industries (Development and Regulation) Act, 1951, read with the Ministry of Industry (Department of Industrial Development) Notification No. S.O.232(E), dated April 2, 1991,asamended/substituted from time to time. Yes/No
(f) Whether a small scale industrial undertakingasdefined in clause (j) of section 3 of the Industries (Development and Regulation) Act, 1951, read with the Ministry of Industry (Department of Industrial Development) Notification No. S.O. 232(E), dated April 2, 1991,asamended/substituted from time to time. Please indicate investments in plant and machinery whether held on ownership terms or by lease or by hire-purchase (before depreciation): Yes/No
3.(a) Name(s) of the promoter(s) and his/theiraddress(es)  
(b) Shareholding pattern of all classes of shares Amount % of aggregate paid-up capital
(i) Promoters  
(ii) Associates  
(iii) Public financial institutions (institution-wise)  
(iv) General public  
(c) Details of ten largest shareholders (againsteach, please indicate whether promoters/ associates/holding company/group company)  
4. Sector: Private/Joint  
5. (a) Names of directors and their latest addresses (indicating A. Chairman, B. Whole time directors including managing director and C. Nominee directors)  
(b) Name and address of chief executive bywhatever name called  
6. (a)Main line(s)of business activity since registration of the company  
(b) Other subsidiary business activity  
7. Whether MRTP company Yes/No
8. Whether FERA company Yes/No
9. Financial position (as per the last two audited balance-sheets)  
Liabilities As on As on Assets As on As on
  .......... ..........   .......... ..........
A. Paid-up capital     F. Fixed assets    
B. Reserves     G. Non-current assets    
C. Term liabilities     H. Current assets    
D. Current liabilities     I. Others    
E. Others     J. Profit and loss account balance    
Total     Total    
Please furnish copies of balance-sheet and profit and loss accounts for the last five years including year under reference (audited/provisional)  
10. Net worth (as defined in section 3(1)(ga) of the Sick Industrial Companies (Special Provisions)Act, 1985)  
(a) Peak net worth and the year  
(b) Net worth at the end of last financial year  
11. Whether closed or working (position of each plant/unit/division to be specified)  
12. Dues to individuals banks (as on a recent date to be specified by reporting company)  
(a) (b) (c) (d) (e) (f) (g)
Name of bank Working capital limit/out-standing amount Working capital term loan Funded interest Term loans Total out-standing amount Irregularity
Original amount Out-standing amount Original amount Out-standing amount Original amount Out-standing amount
                   
Total                  
13. Dues to term lending institutions (as on a recentdate to be specified by reporting company)  
Name of institutions Original Amount Outstanding Default
Principal Interest Principal Interest
1. I.D.B.I.          
2. I.R.B.I.          
3. I.F.C.I.          
4. I.C.I.C.I.          
5. Others-SFCs, SIDCs, etc.(specify institutions individually)          
Total          
14. Reasons for erosion of net worth according to the informant  
(a) Managerial problems  
(b) Production and technical problems  
(c) Marketing difficulties  
(d) Financial problems  
(e) Lack of adequate infrastructure  
(f) Shortage of raw material  
(g) Government policies  
(h) Other reasons to be specified  
15. Date of finalisation of duly audited accounts of the company for the relevant financial year (i.e., date of annual general meeting of the company whereat duly audited accounts of the company were approved for the financial year at the end of which net worth declined at 50% or more of peak net worth during the immediately preceding four financial years.)  
16. Date on which the general meeting of the shareholders of the company is proposed to be convened for purpose of considering the erosion of net worth. Whether minimum 21 days' notice given after the annual general meeting?  
17. Any other information considered relevant or useful  
I do hereby certify that the particulars and information given above are based on information derived from records and believed to be true.For and on behalf of the reporting company...................................SignatureDate ...........................................Place .........................................................................................Name and designation of the authorised officerToThe Secretary,Board for Industrial and Financial Reconstruction,Jawahar Vyapar Bhawan,No. 1, Tolstoy Marg,New Delhi -110001.FORM CC[See regulation 36(1)](To be filled up in respect of Government companies)(Note.-Particulars furnished below shall give the position as on the date unless otherwise directed in the questionnaire. Indicate financial figures in lakhs of rupees.)
1. Name of the industrial company and address :  
(a) Head office  
(b) Registered office  
(c) Factory or factories  
2. (a) Number and date of registration of the company under the Companies Act, 1956 and the State in which registered. (A copy of registration certificate to be enclosed)  
(b) Number and date of registration of all the factories/factory under the Factories Act, 1948, and the States/State in which registered. (A copy of registration certificate to be enclosed)  
(c) The heading/sub-heading of the scheduled industry or industries under the Industries  
(Development and Regulation) Act,1951, to which the article(s) manufactured or proposed to be manufactured relate(s)  
(d) Number and date of registration or licence under the Industries(Development and Regulation) Act, 1951. In case the company is registered with DGTD or any other competent authority under the said Act, the number and date of registration with DGTD or any such other authority should also be indicated.(A copy of registration registration certificate or licence to be enclosed) :  
(e) Whether ancillary industrial undertaking within the meaning of clause (aa) of section 3 of the Industries (Development and Regulation) Act, 1951, read with the Ministry of Industry (Department of Industrial Development) Notification No.S.O. 232(E), dated April 2, 1991, as amended/substituted from time to time Yes/No  
(f) Whether a small scale industrial undertaking as defined in clause U) of section 3 of the Industries(Development and Regulation) Act, 1951, read with the Ministry of Industry(Department of Industrial Development)  
Notification No. S.O. 232(E), dated April 2, 1991, as amended/substituted from time to time. Please indicate investments in plant and machinery whether held on ownership terms or by lease or by hire purchase (before depreciation): Yes/No
3. (a) Shareholding pattern of all classes of shares : Amount % of aggregate paid-up capital and name of administrative ministry/department
(b) Indicate separately the shareholding of Central Government/State Government/FIs(Central and State) and private  
4. (a) Is the unit taken over from private sector? If so, the date of takeover of management under the Industries (Development and Regulation) Act, 1951, and financial position at the time of management takeover  
(b) Date of nationalisation  
5. Names of directors and their latest addresses (indicating A. Chairman, B. Whole time directors including managing director, chief executive during last five years and C. Nominee directors) :  
6. (a)Main line(s)of business activity since registration of the company. Please furnish a copy of memorandum of association  
(b) Other subsidiary business activity  
7. Financial position (as per the last two audited balance-sheets)  
Liabilities As on As on Assets As on As on
  .......... ..........   .......... ..........
A. Paid-up capital     F. Fixed assets    
B. Reserves     G. Non-current assets    
C. (i) Secured loans     H. Current assets    
(ii) Unsecured loans     I. Others    
D. Current liabilities     J. Profit and loss account balance    
E. Others          
Total     Total    
8. Please furnish copies of balance-sheet and profit and loss accounts for the last five years including year under reference (audited/ provisional)  
9. Net worth (as defined in section 3(1)(ga) of the Sick Industrial Companies (Special Provisions) Act, 1985)  
(a) Peak net worth and the year  
(b) Net worth at the end of last financial year  
10. Corporate objectives and plans and details of memorandum of understanding entered into with the Government, if any  
11. Whether closed or working (position of each plant/division to be specified)  
12. Dues to individual banks (as on a recent date to be specified by the informant)  
(a) (b) (c) (d) (e) (f) (g)
Name of bank Working capital limit/out-standing amount Working capital term loan Funded interest Term loans Total out-standing amount Irregularity
Original amount Out-standing amount Original amount Out-standing amount Original amount Out-standing amount
                   
Total                  
13. Dues to the Government/term lending institutions (as on a recent date to be specified by the informant)  
Name of institutions Original Amount Outstanding Default
    Principal Interest Principal Interest
1. Central Government          
2. State Government          
3. I.D.B.I.          
4. I.R.B.I.          
5. I.F.C.I.          
6. I.C.I.C.I.          
7. Others-SFCs, SIDCs, etc. (specify institutions individually)          
Total          
14. Guarantees, if any, by the Central/State Government (indicate the amount for which guarantees have been given by the Central/ State Government)  
15. Does the unit follow administered prices? Please specify the prices and product and cost of production thereof?  
16. Directives, if any, issued by the Central/State Government under articles of association  
17. Financial reliefs and capital restructuring done during the past indicating the date of each capital restructuring and quantum of benefits/ reliefs provided  
18. Reasons for erosion of net worth-  
(a) Managerial problems  
(b) Production and technical problems  
(c) Marketing difficulties  
(d) Financial problems  
(e) Lack of adequate infrastructure  
(f) Shortage of raw material  
(g) Government policies  
(h) Other reasons to be specified  
19. Date of finalisation of duly audited accounts of the company for the relevant financial year (i.e., date of annual general meeting of the company whereat duly audited accounts of the company were approved for the financial year at the end of which net worth declined to 50% or more of peak net worth during the immediately preceding four financial years)  
20. Date on which the general meeting of the shareholders of the company is proposed to be convened for purpose of considering the erosion of net worth. Whether minimum 21 days'notice given after the annual general meeting?  
21. Any other information considered relevant or useful  
I do hereby certify that the particulars and information given above are based on information derived from records and believed to be true to the best of my knowledge and nothing has been concealed therein.Date .......................Place .............................................................................Signature and designation of the informantToThe SecretaryBoard for Industrial and Financial Reconstruction,Jawahar Vyapar Bhawan,No. 1, Tolstoy Marg,New Delhi -110001.FORM D[See regulation 36(2)]Complete Information/documents As Per The Different Columns Of The Form Should Be Furnished In Six Sets(Note.-Particulars furnished below shall give the position as on the date unless otherwise directed in the questionnaire. Indicate financial figures in lakhs of rupees.)
1. Name, designation and address of the informant :  
2. Name of the industrial company and address:  
(a) Head office  
(b) Registered office  
(c) Factory or factories  
3. (a) Number and date of registration of the company under the Companies Act, 1956, and the State in which registered. (A copy of registration certificate to be enclosed)  
(b) Number and date of registration of all the factories/factory under the Factories Act, 1948 and the States/State in which registered. (A copy of registration certificate to be enclosed)  
(c) The heading/sub-heading of the scheduled industry or industries under the Industries (Development and Regulation) Act, 1951, to which the article(s) manufactured or proposed to be manufactured relate(s)  
(d) Number and date of registration or licence under the Industries (Development and Regulation) Act, 1951. In case the company is registered with DGTD or any other competent authority under the said Act, the number and date of registration with DGTD or any such other authority should also be indicated. (A copy of registration certificate or licence to be enclosed) :  
(e) Whether ancillary industrial undertaking within the meaning of clause (aa) of section 3 of the Industries (Development and Regulation) Act, 1951, read with the Ministry of Industry (Department of Industrial Development) Notification No. S.O. 232(E), dated April 2, 1991, as amended/substituted from time to time Yes/No
(f) Whether a small scale industrial undertaking as defined in clause (j) of section 3 of the Industries (Development and Regulation) Act, 1951, read with the Ministry of Industry (Department of Industrial Development) Notification No. S.O. 232(E), dated April 2, 1991, as amended/substituted from time to time. Please indicate investments in plant and machinery whether held on ownership terms or by lease or by hire-purchase (before depreciation) Yes/No
4. (a) Name(s) of the promoter(s) and his/their address(es)  
(b) Shareholding pattern of all classes of shares Amount % of aggregate paid-up capital
(i) Promoters  
(ii) Associates  
(iii) Public financial institutions (institution-wise):  
(iv) State level institutions  
(v) Banks(bank-wise)  
(vi) General public  
(vii) Details of ten largest shareholders (Against each, please indicate whether promoters/ associates/holding company/group company)  
5. Sector: Private/Joint  
6. (a) Names of directors and their latest addresses (indicating A. Chairman, B. Whole time directors including managing director and C. Nominee directors)  
(b) Name and address of chief executive by whatever name called  
7. (a)Main line(s)of business activity since registration of the company  
(b) Other subsidiary business activity  
8. Whether MRTP company Yes/No
9. Whether FERA company Yes/No
10. Financial position (as per the last two audited balance-sheets)  
Liabilities As on As on Assets As on As on
  .......... ..........   .......... ..........
A. Paid-up capital     F. Fixed assets    
B. Reserves     G. Non-current assets    
C. Term liabilities     H. Current assets    
D. Current liabilities     I. Others    
E. Others     J. Profit and loss account balance    
Total     Total    
(Copies of balance-sheets for last five years to be enclosed, if available)  
11. Net worth (as defined in section 3(1)(ga) of the Sick Industrial Companies (Special Provisions) Act, 1985)  
(a) Peak net worth and the year  
(b) Net worth at the end of last financial year  
12. Whether closed or working (position of each plant/unit/division to be specified)  
13. Dues to individual banks (as on a recent date to be specified by the informant)  
Name of bank Working capital limit/out-standing amount Working capital term loan Funded interest Term loans Total out-standing amount Irregularity
Original amount Out-standing amount Original amount Out-standing amount Original amount Out-standing amount
                   
Total                  
14. Dues to term lending institutions (as on a recent date to be specified by the informant)  
Name of institutions Original Amount Outstanding Default
    Principal Interest Principal Interest
1. I.D.B.I.          
2. I.R.B.I.          
3. I.F.C.I.          
4. I.C.I.C.I.          
5. Others-SFCs, SIDCs, etc. (specify institutions individually)          
Total          
15. Reasons for erosion of net worth according to informant  
(a) Managerial problems  
(b) Production and technical problems  
(c) Marketing difficulties  
(d) Financial problems  
(e) Lack of adequate infrastructure  
(f) Shortage of raw material  
(g) Government policies  
(h) Other reasons to be specified  
16. Remedial measures taken or contemplated for revival  
17. Whether any legal action already initiated by any creditor. If so, furnish copy of winding-up petitions and copy of Court order if any, or indicate the latest position  
18. Whether official liquidator/receiver appointed.  
If so, furnish copy of Court order or indicate the latest position  
19. Any other information considered relevant or useful  
I do hereby certify that the particulars and information given above are based on information derived from records and believed to be true....................................Signature of the informantThe accumulated losses of the company have resulted in erosion of fifty per cent./more than 50 per cent. of its peak net worth during the immediately preceding four financial years.On behalf of ................ and duly authorised in that behalf, I hereby make a report under sub-section (1) of section 23-A of the Act to the Board for Industrial and Financial Reconstruction for appropriate action.Date .......................Place ..............................................................Signature of the informantToThe Secretary,Board for Industrial and Financial Reconstruction,Jawahar Vyapar Bhawan,No. 1, Tolstoy Marg,New Delhi-110001.FORM DD[See regulation 36(2)]Complete Information/documents As Per The Different Columns Of The Form Should Be Furnished In Six Sets(To be filled up in respect of Government companies)(Note.-Particulars furnished below shall give the position as on the date unless otherwise directed in the questionnaire. Indicate financial figures in lakhs of rupees.)
1. Name, designation and address of the informant :  
2. Name of the industrial company  
Address  
(a) Head office  
(b) Registered office  
(c) Factory or factories  
3. (a) Number and date of registration of the company under the Companies Act, 1956 and the State in which registered. (A copy of registration certificate to be enclosed)  
(b) Number and date of registration of all the factories/factory under the Factories Act, 1948, and the States/State in which registered. (A copy of registration certificate to be enclosed)  
(c) The heading/sub-heading of the scheduled industry or industries under the Industries (Development and Regulation) Act, 1951 (65 of 1951), to which the article(s) manufactured or proposed to be manufactured relate(s)  
(d) Number and date of registration or licence under the Industries (Development and Regulation) Act, 1951. In case the company is registered with DGTD or any other competent authority tinder the said Act, the number and date of registration with DGTD or any such authority should also be indicated. (A copy of registration certificate or licence to be enclosed) :  
(e) Whether ancillary industrial undertaking within the meaning of clause (an) of section 3 of the Industries (Development and Regulation) Act, 1951 (65 of 1951), read with the Ministry of Industry (Department of Industrial Development) Notification No. S.O.232(E), dated April 2, 1991, as amended/substituted from time to time Yes/No
(f) Whether a small scale industrial undertaking as defined in clause (j) of section 3 of the Industries (Development and Regulation) Act, 1951(65 of 1951), read with the Ministry of Industry (Department of Industrial Development) Notification No. S.O.232(E), dated April 2, 1991, as amended/substituted from time to time. Please indicate investments in plant and machinery whether held on ownership terms or by lease or by hire-purchase (before depreciation): Yes/No
4. (a) Shareholding pattern of all classes of shares. Amount % of aggregate paid-up capital and name of administrative Ministry/ Department
(b) Indicate separately the shareholding of the Central Government/State Government/FI (Central and State) and private  
5. (a) Is the unit taken over from private sector? If so, the date of takeover of management tinder Industries (Development and Regulation) Act, 1951, and financial position at the time of management takeover  
(b) Date of nationalisation  
6. Names of directors and their latest addresses (indicating A. Chairman, B. Whole time directors including managing director, chief executive during last five years and C. Nominee directors)  
7. (a)Main line(s)of business activity since registration of the company. Please furnish a copy of memorandum of association  
(b) Other subsidiary business activity  
8. Financial position (as per the last two audited balance-sheets)  
Liabilities As on As on Assets As on As on
  .......... ..........   .......... ..........
A. Paid-up capital     F. Fixed assets    
B. Reserves     G. Non-current assets    
C. (i) Secured loans     H. Current assets    
(ii) Unsecured loans     I. Others    
D. Current liabilities     J. Profit and loss account balance    
E. Others          
Total     Total    
(Copies of balance-sheets for last five years to be enclosed, if available)  
9. Net worth (as defined in section 3(1)(ga) of the Sick Industrial Companies (Special Provisions) Act, 1985  
(a) Peak net worth and the year  
(b) Net worth at the end of the last financial year  
10. Corporate objectives and plans and details of memorandum of understanding entered into with the Government, if any  
11. Whether closed or working (position of each plant/unit/division to be specified)  
12. Dues to individuals banks (as on a recent date to be specified by the informant)  
Name of bank Working capital limit/out-standing amount Working capital term loan Funded interest Term loans Total out-standing amount Irregularity
Original amount Out-standing amount Original amount Out-standing amount Original amount Out-standing amount
                   
Total                  
13. Dues to the Government/term lending institutions (as on a recent date to be specified by the informant)  
Name of institutions Original Amount Outstanding Default
    Principal Interest Principal Interest
1. Central Government          
2. State Government          
3. I.D.B.I.          
4. I.R.B.I.          
5. I.F.C.I.          
6. I.C.I.C.I.          
7. Others-SFCs, SIDCs, etc.(specify institutions individually)          
Total          
14. Guarantees, if any, by the Central/State Government : (Indicate the amount for which guarantees have been given by the Central/ State Government)  
15. Is there any surplus labour? Give available information on surplus labour including division/unit, rationalisation scheme, if any, discussed, etc.  
16. Can the technology employed be considered adequate or is there any need for upgradation?:  
17. State of demand for company's product. Projection of demand and supply of the product for next few years, if any, conducted by Government department/agency  
18. Are there any specific Government (Central or State) policies or actions which have contributed to the sickness of the unit (e.g., tariff anomalies, denial of power, import policy, etc.) what Government action can help revival?  
19. Does the unit follow administered prices? Furnish relevant details  
20. Directives, if any, issued by the Central/State Government under articles of association  
21. (a) Financial reliefs and capital restructuring done during the past indicating the date of each capital restructuring and quantum of benefits/ reliefs provided  
(b) Conditions, obligations, commitments for sanction of reliefs each time and the extent to which fulfilled  
22. Subsidies received from Government during last five years  
(a) Interest  
(b) Others  
23. Have particular aspects of sickness of the company been studied by the Government. Findings and suggestions in that regard  
24. Reasons for erosion of net worth according to informant  
(a) Managerial problems  
(b) Production and technical problems  
(c) Marketing difficulties  
(d) Financial problems  
(e) Lack of adequate infrastructure  
(j) Shortage of raw material  
(g) Government policies  
(h) Other reasons to be specified  
25. Copy of the regular or special report issued by audit authorities during the last three years  
26. Copy of the reports, if any, prepared by Parliament/State Legislature Committee with respect to the affairs of the company  
27. Copies of annual reports for the last three years of administrative Ministry on the working and affairs of the company as required under section 619-A of the Companies Act, 1956 and laid before Parliament/State Legislature  
28. Any other information considered relevant or useful  
I do hereby certify that the particulars and information given above are based on information derived from records and believed to be true...........................................Signature and designation of the informantThe accumulated losses of the company have resulted in erosion of fifty per cent./more than 50 per cent. of its peak net worth during the immediately preceding four financial years.On behalf of the ............................ and duly authorised in that behalf, I hereby make a report under sub-section (1) of section 23-A of the said Act, and request the Board for Industrial and Financial Reconstruction for appropriate action.Date .........................................Place ...................................................................................Signature and designation of the informantToThe Secretary,Board for Industrial and Financial ReconstructionJawahar Vyapar Bhawan,No. 1, Tolstoy Marg,New Delhi -110001.