Appointment of Secretarial Auditor with Hudco for FY 2015-16

Sub: Notice inviting Application from the eligible PCS (Practicing Company Secretary)/Company Secretary Firm for “APPOINTMENT AS SECRETARIAL AUDITOR” for the Financial Year 2015-16, as per Section 204 of the Companies Act, 2013 and Rules made thereunder.

HUDCO, a Government of India Enterprise, invites offer from eligible PCS (Practicing Company Secretary)/Company Secretary Firm for providing their services for conduct of Secretarial Audit as per Section 204 of the Companies Act, 2013 and Rules made thereunder.

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1. Scope of work:

i. The illustrative (but not exhaustive) Scope of Work under Secretarial Audit is given In Annexure-I for understanding and ready reference.

2. Eligibility Criteria:

i. The PCS/ Company Secretary Firm should have valid Certificate of Practice issued from the Institute of Company Secretaries of India.;

ii. The PCS/Lead Partner, under whose supervision the Secretarial Audit will be carried out, should have continuous (without any break) minimum experience of seven years in full time practice as on 31st March, 2016.

iii. PCS/Company Secretary Firm should have atleast two active partners/employees, who are qualified Company Secretaries and members of ICSI. (Self-attested membership certificate of partner/employees, be enclosed)

iv. The PCS/Company Secretary Firm should have an Annual Turnover of Rs. 10 lakh or more, in the preceding financial year; (Self-attested latest Income Tax returns, be enclosed)

v. PCS/Company Secretary Firm should have Office in Delhi NCR. Technical bid format is enclosed as Annexure-II.

3. Selection Procedure: The selection of the PCS/firm can be done in two stages:

i. The bidder should declare, whether he/she or any of partners/employees is/are “Related Party” within the meaning of Section 2(76) of the Companies Act, 2013. If so, give details thereof, to ensure compliance under Section 188 and other applicable provisions of the Companies Act, 2013 and rules made thereunder.

ii. Prospective bidders are advised to submit their Technical Bids and Financial Bids separately in sealed cover and both these bids in one envelope.

iii. PCS/Firm shall be first short listed on the basis of technical bid.

iv. After short listing, of the PCS/Firm, based on technical bid, financial bid of the shortlisted PCS/Firm will be opened.

v. Please note that the financial bids of the PCS firm will not be considered/opened unless technically shortlisted.

vi. HUDCO reserves the right to reject any or all bids and/or alter the conditions without assigning any reason thereof.

4. Tenure of the Appointment:

i. The PCS/Firm shall be engaged for financial year 2015-16.

ii. In case of satisfactory performance, the appointed Secretarial Auditors can be reappointed for further period of two years on the agreed terms & conditions and fees.

5. Terms and Conditions:

1. Conduct of Secretarial Audit: Audit shall be conducted/carried out in time bound manner as per Companies Act, 2013, as time being the essence of the contract, it is expected that the Secretarial Audit report should be submitted at earliest as per the format (as near as possible) prescribed under rule No.9 of Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014.

ii. Place of Audit: The audit work has to be conducted at the Registered Office of the Company at – HUDCO Bhawan, India Habitat Centre, Lodhi Road, New Delhi – 110003. No transportation cost shall be paid/reimbursed for travelling within the NCR for purpose of audit.

iii. Identification of Nodal Officer: The successful PCS/ Firm shall nominate a Nodal Officer, immediately on the award of the work/contract for timely and smooth interaction.

iv. Filing of Secretarial Audit Report with MCA (RoC): it shall be the duty of the Secretarial Auditor to file the Secretarial Audit Report in prescribed eform with Ministry of Corporate Affairs, Registrar of Companies within the statutory period.

v. Dispute: In case of any dispute arising during execution of contract, an amicable solution may be arrived at with discussion and reconciliation. However, in case of any dispute remaining unresolved, decision of Chairman & Managing Director, HUDCO will be final and binding on both the parties to the Contract.

vi. This assignment will not give/confer any rig ht/assurity of any kind for any job
in this organization.

6. Payment Terms:

i. Payment will be released within one month from the date of submission of bill by the PCS/Firm alongwith copy of challan of filing of secretarial audit report with MCA (RoC). No advance payment shall be made for conduct of Secretarial Audit.

7. Submission of bids:

The interested bidders may submit their bids as follows:

i. Prospective bidders are advised to submit their TECHNICAL BIDS, and FINANCIAL BIDS separately in sealed cover and both these bids in one envelope and should be written on the top of the envelopes.

ii. The prospective bidders should drop their bids at the box provided at the first floor of HUDCO Bhawan, India Habitat Centre, Lodhi Road, New Delhi – 110003.

iii. Bidders should write on the top of the envelope Application for “APPOINTMENT AS SECRETARIAL AUDITOR” for the Financial Year 2015-16.

iv. Last date and time for submission of bid is 23rd May, 2016 at 12:30 p.m.

v. Technical Bid will be opened on 23rd May, 2016 at 2:00 p.m. in the presence of applicants, who desire to be present there.

vi. Financial bid will be opened on 23rd May, 2016 at 4:00 p.m. in the presence of shortlisted applicants, who desire to be present there.

vii. Name of the selected PCS/Firm will be published in the HUDCO website.

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SCOPE OF WORK – SECRETARIAL AUDIT

The broad scope of Secretarial Audit includes verification of the compliances under the following enactments, rules, regulations and guidelines etc:

i. The Companies Act, 2013 and the rules & regulations made thereunder; and amended from time to time.

ii Any other laws/rules/regulations including National Housing Bank Act and regulations made thereunder and KYC norms under the prevailing laws amended from time to time as may be applicable specifically to HUDCO.

iii. It shall be the duty of the Secretarial Auditor to file the Secretarial Audit Report in prescribed eform with Ministry of Corporate Affairs, Registrar of Companies within the statutory period.

iv. Any other specific activity as may be advised by the Audit Committee/ Board/regulator(s)/Govt./management of HUDCO etc., from time to time

v. Secretarial Auditor shall provide the quarterly compliance certificate, within such period, as may be prescribed by the management of HUDCO.

vi. Secretarial Auditor shall also provide the compliance certificate that ‘All compliances as prescribed under the DPE guidelines on Corporate Governance applicable to HUDCO and The Companies Act, 2013 and the rules & regulations made thereunder; and amended from time to time, have been complied with.

Source : taxguru.in