The Nidhi (Amendment) Rules, 2019

MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 1st July, 2019

G.S.R. 467(E).—In exercise of the powers conferred by sub-section (1) of section 406 read with sub-sections
(1) and (2) of section 469 of the Companies Act, 2013, the Central Government hereby makes the following rules, to
amend the Nidhi Rules, 2014, namely:-
1. (1) These rules may be called the Nidhi (Amendment) Rules, 2019.
(2) They shall come into force with effect from 15 August, 2019.
2. In the Nidhi rules, 2014 (hereinafter referred to as “said rules”), in rule 2, after clause (c), the following clause shall
be inserted, namely:-
“(d) every company declared as Nidhi or Mutual Benefit Society under sub-section (1) of section 406 of the
Act”.
3. In the said rules, in rule 3, after clause (d), the following clause shall be inserted, namely:-
‘(da) “Nidhi” means a company which has been incorporated as a Nidhi with the object of cultivating the habit of
thrift and savings amongst its members, receiving deposits from, and lending to, its members only, for their mutual
benefit, and which complies with the rules made by the Central Government for regulation of such class of companies.’.
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4. In the said rules, after rule 3, the following rule shall be inserted, namely:-
“3A. Declaration of Nidhis .─ The Central Government, on receipt of application (in Form NDH-4 along with fee
thereon) of a public company for declaring it as Nidhi and on being satisfied that the company meets the requirements
under these rules, shall notify the company as a Nidhi in the Official Gazette:
Provided that a Nidhi incorporated under the Act on or after the commencement of the Nidhi (Amendment) Rules,
2019 shall file Form NDH-4 within sixty days from the date of expiry of:-
(a) one year from the date of its incorporation; or
(b) the period up to which extension of time has been granted by the Regional Director under sub-rule (3) of
rule 5:
Provided further that nothing in the first proviso shall prevent a Nidhi from filing Form NDH-4 before the period referred
therein:
Provided also that that in case a company does not comply with the requirements of this rule, it shall not be
allowed to file Form No. SH-7 (Notice to Registrar of any alteration of share capital) and Form PAS-3 (Return of
Allotment).”.
5. In the said rules, in rule 4, –
(i) in sub-rule (1), the words, “to be incorporated under the Act” shall be omitted;
(ii) in sub-rule (5), the words “Company incorporated as a” shall be omitted.
6. In the said rules, in rule 5, –
(i) in sub-rule (1), for the words “from the commencement of these rules”, the words “from the date of its
incorporation” shall be substituted;
(ii) in sub-rule (3), before the Explanation, the following proviso shall be inserted, namely:-
“Provided that the Regional Director may extend the period upto one year from the date of receipt of
application.”.
(iii) in sub-rule (4), after the words, brackets and figure “contained in sub-rule (1)”, the words, brackets and figures “and
gets itself declared under sub-section (1) of section 406” shall be inserted.
7. In the said rules, in rule 7, in sub-rule (1), after the words “shall issue” the words “fully paid up” shall be inserted.
8. In the said rules, in rule 12,─
(i) in sub-rule (1) after clause (b), the following clause shall be inserted namely:-
“(ba) The date of declaration or notification as Nidhi”;”;
(ii) in sub-rule (2), in clause (a), for the words “Registrar of Companies”, the words “Bench of the National
Company Law Tribunal” shall be substituted.
9. In the said rules, in rule 23, in sub-rule (2),-
(i) for the words “concerned Regional Director”, the words, “Central Government” shall be substituted;
(ii) for the words “such Regional Director”, the words, “Central Government” shall be substituted;
(iii) in the proviso, for the words “Regional Director”, the words, “Central Government” shall be substituted.
10. In the said rules, after rule 23, the following rules shall be inserted, namely:-
23A. Compliance with rule 3A by certain Nidhis:- Every company referred to in clause (b) of rule 2 and
every Nidhi incorporated under the Act, before the commencement of Nidhi (Amendment) Rules, 2019, shall also get
itself declared as such in accordance with rule 3A within a period of one year from the date of its incorporation or within
a period of six months from the date of commencement of Nidhi (Amendment) Rules, 2019, whichever is later:
Provided that in case a company does not comply with the requirements of this rule, it shall not be allowed to
file Form No. SH-7 (Notice to Registrar of any alteration of share capital) and Form PAS-3 (Return of Allotment).
23B. Companies declared as Nidhis under previous company law to file Form NDH-4:- Every company
referred in clause (a) of rule 2 shall file Form NDH-4 alongwith fees as per the Companies (Registration Offices and
Fees) Rules, 2014 for updating its status:
Provided that no fees shall be charged under this rule for filing Form NDH-4, in case it is filed within six month
of the commencement of Nidhi (Amendment) Rules, 2019:
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Provided further that, in case a company does not comply with the requirements of this rule, it shall not be
allowed to file Form No. SH-7 (Notice to Registrar of any alteration of share capital) and Form PAS-3 (Return of
Allotment).