Rule

The Companies (Cost Records and Audit ) Rules, 2014

MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 30th June, 2014

G.S.R. 425 (E).—In exercise of the powers conferred by sub-sections (1) and (2) of section 469 and section 148 of the Companies Act, 2013 (18 of 2013) and in supersession of Companies (Cost Accounting Records) Rules, 2011; Companies (Cost Audit Report) Rules, 2011; Cost Accounting Records (Telecommunication Industry) Rules, 2011; Cost Accounting Records (Petroleum Industry) Rules, 2011; Cost Accounting Records (Electricity Industry) Rules, 2011; Cost Accounting Records (Sugar Industry) Rules, 2011; Cost Accounting Records (Fertilizer Industry) Rules, 2011 and Cost Accounting Records (Pharmaceutical Industry) Rules, 2011, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely:-

1. Short title and commencement.- (1) These rules may be called the Companies (cost records and audit) Rules, 2014.

(2) They shall come into force on the date of publication in the Official Gazette. [Effective from 01.07.2014]

2. Definitions: In these rules, unless the context otherwise requires -

(a) “Act” means the Companies Act, 2013 (18 of 2013);

[In rule 2 after clause (a), the following clause (aa) has been inserted - Notification no G.S.R 01(E) dated 31.12.2014]

“(aa) “Central Excise Tariff Act Heading” means the heading as referred to in the Additional Notes in the First Schedule to the Central Excise Tariff Act, 1985 [5 of 1986]

(b) “Cost Accountant in practice” means a cost accountant as defined in clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 (23 of 1959), who holds a valid certificate of practice under sub-section (1) of section 6 of that Act and who is deemed to be in practice under sub-section (2) of section 2 thereof, and includes a firm or limited liability partnership of cost accountants;

(c) “cost auditor” means a Cost Accountant in practice, as defined in clause (b), who is appointed by the Board;

(d) “cost audit report”  means the duly signed cost auditor's report on the cost records examined and cost statements which are prepared as per these rules, including attachment, annexure, qualifications or observations attached with or included in such report  [Substituted for word  “cost audit report means the report duly audited and signed by the cost auditor including attachment, annexure, qualifications or observations etc. to cost audit report" vide Notification G.S.R 695 (E) effective from 14.07.2016]

(e) “cost records” means books of account relating to utilisation of materials, labour and other items of cost as applicable to the production of goods or provision of services as provided in section 148 of the Act and these rules;

(f) “form” means a form annexed to these rules;

(g) “institute” means the Institute of Cost Accountants of India constituted under the Cost and Works Accountants Act, 1959 (23 of 1959);

(h) all other words and expressions used in these rules but not defined, and defined in the Act or in the Companies (Specification of Definition Details) Rules, 2014 shall have the same meanings as assigned to them in the Act or in the said rules.

[Rule 3 has been substituted with the following rule 3 - Notification no G.S.R 01(E) dated 31.12.2014]

“3.  Application of Cost Records.- For the purposes of sub-section (1) of section 148 of the Act, the class of companies, including foreign companies defined in clause (42) of section 2 of the Act, engaged in the production of the goods or providing services, specified in the Table below, having an overall turnover from all its products and services of rupees thirty five crore or more during the immediately preceding financial year, shall include cost records for such products or services in their books of account, namely:-

Table [Table substituted vide Notification G.S.R 695 (E) effective from 14.07.2016] - for original table, please refer the note at the bottom of page]

4(A) Regulated Sectors

Sl. No.

Industry/ Sector/ Product/ Service        

Central Excise  Tariff       Act Heading (wherever applicable)

1.           

Telecommunication services made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature and regulated by the Telecom Regulatory Authority of India under the Telecom Regulatory Authority of India Act, 1997 (24 of 1997}; including activities that requires authorisation  or license issued by the Department of Telecommunication s, Government of India under Indian Telegraph Act, 1885 (13 of 1885);

Not applicable.

 2.          

Generation, transmission , distribution and supply of electricity regulated by the relevant regulatory body or authority under the Electricity Act, 2003 (36 of 2003)

Generation- 2716;

Other    Activity-

Not Applicable

3.

Petroleum products; including activities regulated by the Petroleum and Natural Gas Regulatory Board under the Petroleum and Natural Gas Regulatory Board Act, 2006 (19 of 2006) ;

2709 to 2715;

Other Activity­

Not Applicable
4.  Drugs and pharmaceuticals

2901  to   2942;

 3001 to 3006.

5.

Fertilisers;

3102 to 3105.

6.

Sugar and industrial alcohol;

1701;     1703; 2207.

(B) Non - regulated Sectors

Sl. No. Industry/ Sector/ Product/ Service      Central Excise  Tariff       Act Heading (wherever applicable)
  1.  

Machinery   and   mechanical   appliances   used   in defense, space and atomic energy sectors excluding any ancillary item or items;

Explanation.- For the purposes of this sub-clause, any company  which  is  engaged  in any  item or  items supplied exclusively for use under this clause, shall be  deemed to be covered under these rules

8401; 8801 to 8805;8901 to 8908
  1.  

Turbo jet s and turbo propellers;

8411
  1.  

Arms, ammunitions and Explosives;

3601 to 3603; 9301 to 9306.
  1.  

Propellant powders; prepared explosives (other than propellant powders); safety fuses; detonating fuses; percussion  or  detonating  caps;  igniters;  electric detonators;

3601 to 3603
  1.  

Radar apparatus, radio navigational aid apparatus and radio remote control apparatus;

8526
  1.  

Tanks and other armoured fighting vehicles, motorised, whether or not fitted with weapons and parts of such vehicles, that are funded (investment made in the company) to the extent of ninety per cent or more by the Government or Government agencies;

8710
  1.  

Port services of stevedoring, pilotage, hauling, mooring, re-mooring, hooking, measuring, loading and unloading services rendered by a Port in relation to a vessel or goods regulated by the Tariff Authority for Major Ports;               

Not applicable.
  1.  

Aeronautical  services  of  air  traffic  management, aircraft operations, ground safety services, ground handling, cargo facilities and supplying fuel rendered by airports and regulated by the Airport s Economic Regulatory Authority  under the Airports Economic Regulatory Authority of India Act ,2008 (27 of 2008);

Not applicable.
  1.  

Iron and Steel; 

7201 to 7229; 7301 to 7326
  1.  

Roads and other infrastructure projects corresponding to para No. (1) (a) as specified in Schedule VI of the Companies Act, 2013 (18 of 2013);

Not applicable.
  1.  

Rubber and allied products; including products regulated by the Rubber Board constituted under the Rubber Act, 1947 (XXIV of 1947);

4001 to 4017
  1.  

Coffee and tea;               

0901 to 0902
  1.  

Railway or tramway locomotives, rolling stock, railway or tramway fixtures and fittings, mechanical (including electro mechanical) traffic signaling equipment's of all kind;

8601 to 8608
  1.  

Cement;             

2523; 6811 to 6812
  1.  

Ores and Mineral products;        

2502 to 2522; 2524 to 2526;
  1.  

Mineral fuels  (other than  Petroleum),  mineral  oils etc.;            

2701 to 2708
  1.  

Base metals;     

7401 to 7403; 7405 to 7413;

7419; 7501 to 7508; 7601 to

7614; 7801 to 7802; 7804;

7806; 7901 to 7905; 7907;

8001; 8003; 8007; 8101 to

  1.  
  1.  

Inorganic chemicals, organic or inorganic compounds of precious metals, rare-earth metals of radioactive elements or isotopes, and organic chemicals;

2801 to 2853; 2901to 2942;

3801 to 3807; 3402 to 3403;

3809 to 3824.
  1.  

Jute and Jute Products;

5303,5310
  1.  

Edible Oil;           

1507 to 1518
  1.  

Construction Industry as per para No. (5) (a) as specified in Schedule VI of the Companies Act, 2013 (18 of 2013);

Not applicable.
  1.  

Health services, namely functioning as or running hospitals, diagnostic centers, clinical centers or test laboratories;       

Not applicable.
  1.  

Education services, other than such similar services falling under philanthropy or as part of social spend which do not form part of any business;      

Not applicable.
  1.  

Milk powder;    

0402
  1.  

Insecticides;      

3808
  1.  

Plastics and polymers;  

3901 to 3914;3916 to 3921
  1.  

lyres and tubes;               

4011 to 4013
  1.  

Paper;  

4801 to 4802.
  1.  

Textiles;              

 

5004 to 5007; 5106 to 5113;

5205 to 5212; 5303; 5310;

5401 to 5408; 5501 to 5516
  1.  

Glass;

7003to7008;70 11;7016
  1.  

Other machinery and Mechanical Appliances;

8402 to 8487
  1.  

Electricals or electronic machinery;         

8501 to 8507; 8511 to 8512;

8514 to 8515; 8517; 8525 to 8536; 8538 to 8547.
  1.  

Production, import and supply or trading of following medical devices, namely:-

i.              Cardiac stents;

ii.             Drug eluting stents;

iii.            Catheters;

iv.           Intra ocular lenses;

v.            Bone cements;

vi.           Heart valves;

vii.          Orthopedic implants;

viii.         Internal prosthetic replacements;

ix.           Scalp vein set;

x.            Deep brain stimulator;

xi.           Ventricular peripheral shud;

xii.          Spinal implants;

xiii.         Automatic impalpable cardiac deflobillator ;

xiv.         Pacemaker (temporary and permanent);

xv.          Patent ductus arteriosus, atrial septal defect and ventricular septal defect  

    closure device;

xvi.         Cardiac re-synchronise therapy;

xvii.        Urethra spinicture devices;

xviii.       Sling male or female;

xix.         Prostate occlusion device; and

xx.          Urethral stents:               

9018 to 9022

Provided that nothing contained in serial number 33 shall apply to foreign companies having only liaison offices.

Provided further that nothing contained in this rule shall apply to a company which is classified as a micro enterprise or a small enterprise including as per the turnover criteria under sub-section (9) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006).

[For Rule 4, the following rule 4 has been substituted - Notification no G.S.R 01(E) dated 31.12.2014]2

4. Applicability for cost audit.– (1) Every company specified in item (A) of rule 3 shall get its cost records audited in accordance with these rules if the overall annual turnover of the company from all its products and services during the immediately preceding financial year is rupees fifty crore or more and the aggregate turnover of the individual product or products or service or services for which cost records are required to be maintained under rule 3 is rupees twenty five crore or more.

(2) Every company specified in item (B) of rule 3 shall get its cost records audited in accordance with these rules if the overall annual turnover of the company from all its products and services during the immediately preceding financial year is rupees one hundred crore or more and the aggregate turnover of the individual product or products or service or services for which cost records are required to be maintained under rule 3 is rupees  thirty five crore or more.

(3) The requirement for cost audit under these rules shall not apply to a company which is covered in rule 3, and –

(i) whose revenue from exports, in foreign exchange, exceeds seventy five per cent of its total revenue; or

(ii) which is operating from a special economic zone.

(iii) which is engaged in generation of electricity for captive consumption through Captive Generating Plant. For this purpose, the term "Captive Generating Plant" shall have the same meaning as assigned in rule 3 of the Electricity Rules, 2005 [ clause (iii) inserted vide Notification G.S.R 695 (E) effective from 14.07.2016]

5. Maintenance of records.- (1) Every company under these rules including all units and branches thereof, shall, in respect of each of its financial year commencing on or after the 1st day of April, 2014, maintain cost records in form CRA-1.

[In rule 5, in sub-rule (1), the following proviso shall be inserted- Notification no G.S.R 01(E) dated 31.12.2014]

Provided that in case of company covered in serial number  12  and serial numbers 24 to 32 of item (B) of rule 3, the requirement under this rule shall apply in respect of each of its financial year commencing on or after 1st  day of April, 2015.

(2) The cost records referred to in sub-rule (1) shall be maintained on regular basis in such manner as to facilitate calculation of per unit cost of production or cost of operations, cost of sales and margin for each of its products and activities for every financial year on monthly or quarterly or half-yearly or annual basis.

(3) The cost records shall be maintained in such manner so as to enable the company to exercise, as far as possible, control over the various operations and costs to achieve optimum economies in utilisation of resources and these records shall also provide necessary data which is required to be furnished under these rules.

6. Cost audit.- (1) The category of companies specified in rule 3 and the thresholds limits laid down in rule 4, shall within one hundred and eighty days of the commencement of every financial year, appoint a cost auditor.

Provided that before such appointment is made, the written consent of the cost auditor to such appointment, and a certificate from him or it, as provided in sub-rule (1A), shall be obtained. [provisio inserted vide Notification G.S.R 695 (E) effective from 14.07.2016]

(1A) The cost auditor appointed under sub-rule (1) shall submit a certificate that-

(a) the individual or the firm, as the case may be, is eligible for appointment and is not disqualified for appointment under the Act, the Cost and Works Accountants Act, 1959 (23 of 1959) and the rules or regulations made thereunder;

(b) the individual or the firm, as the case may be, satisfies the criteria provided in section 141of the Act, so far as may be applicable;

(c) the proposed appointment is within the limits laid down by or under the authority of the Act; and

(d) the list of proceedings against the cost auditor or audit firm or any partner of the audit firm pending with respect to professional matters of conduct, as disclosed in the certificate, is true and correct.  [Sub-rule (1A) inserted vide Notification G.S.R 695 (E) effective from 14.07.2016]

(2) Every company referred to in sub-rule (1) shall inform the cost auditor concerned of his or its appointment as such and file a notice of such appointment with the Central Government within a period of thirty days of the Board meeting in which such appointment is made or within a period of one hundred and eighty days of the commencement of the financial year, whichever is earlier, through electronic mode, in form CRA-2, along with the fee as specified in Companies (Registration Offices and Fees) Rules, 2014.

(3) Every cost auditor appointed as such shall continue in such capacity till the expiry of one hundred and eighty days from the closure of the financial year or till he submits the cost audit report, for the financial year for which he has been appointed.

Provided that the cost auditor appointed under these rules may be removed from his office before the expiry of his term, through a board resolution after giving a reasonable opportunity of being heard to the Cost Auditor and recording the reasons for such removal in writing;

Provided further that the Form CRA-2 to be filed with the Central Government for intimating appointment of another cost auditor shall enclose the relevant Board Resolution to the effect;

Provided also that nothing contained in this sub-rule shall prejudice the right of the cost auditor to resign from such office of the company. [all provisios to Sub-rule (3) inserted vide Notification G.S.R 695 (E) effective from 14.07.2016]

(3A) Any casual vacancy in the office of a cost auditor, whether due to resignation, death or removal, shall be filled by the Board of Directors within thirty days of occurrence of such vacancy and the company shall inform the Central Government in Form CRA-2 within thirty days of such appointment of cost auditor. [ sub rule 3A inserted vide Notification no G.S.R 01(E) dated 31.12.2014]

(3B) The cost statements, including other statements to be annexed to the cost audit report, shall be approved by the Board of Directors before they are signed on behalf of the Board by any of the director authorised by the Board, for submission to the cost auditor to report  thereon;  [Sub-rule (3B) inserted vide Notification G.S.R 695 (E) effective from 14.07.2016]

(4) Every cost auditor, who conducts an audit of the cost records of a company, shall submit the cost audit report along with his or its reservations or qualifications or observations or suggestions, if any, in form CRA-3.

5[(5)  Every cost auditor shall forward his duly signed report to the Board of Directors of the company within a period of one hundred and eighty days from the closure of the financial year to which the report relates and the Board of Directors shall consider and examine such report, particularly any reservation or qualification contained therein]   [Sub-rule (5) substituted vide Notification G.S.R 695 (E) effective from 14.07.2016]            

6[(6) Every company covered under these rules shall, within a period of thirty days from the date of receipt of a copy of the cost audit report, furnish the Central Government with such report alongwith full information and explanation on every reservation or qualification contained therein, in Form CRA-4 in Extensible Business Reporting Language format in the manner as specified in the Companies (Filing of Documents and Forms in Extensible Business Reporting language) Rules, 2015 alongwith fees specified in the Companies (Registration Offices and Fees) Rules, 2014 [Sub-rule (6) substituted vide Notification G.S.R 695 (E) effective from 14.07.2016]  

(7) The provisions of sub-section (12) of section 143 of the Act and the relevant rules made thereunder shall apply mutatis mutandis to a cost auditor during performance of his functions under section 148 of the Act and these rules. 

7. [****] [Rule 7 has been omitted - Notification no G.S.R 01(E) dated 31.12.2014]3

[F. No. 1/40/2013/CL.-V]
AMARDEEP SINGH BHATIA, Jt. Secy.

1. Prior to Substitution -  Rule 3 be read as under:

3. Application of cost records.—For the purpose of sub-section (1) of section 148 of the Act, the following class of companies, including Foreign Companies defined in sub-section (42) of section 2 of the Act, shall be required to include cost records in their books of account, namely:-

(A) Companies engaged in the production of following goods in strategic sectors, such as:

(a) (i) machinery and mechanical appliances used in defence, space and atomic energy sectors excluding any ancillary item or items;

Explanation: - For the purposes of this sub-clause, any company which is engaged in any item or items supplied exclusively for use under this clause, shall be deemed to be covered under these rules.

(ii) turbo jets and turbo propellers;

(iii) arms and ammunitions;

(iv) propellant powders; prepared explosives, (other than propellant powders); safety fuses; detonating fuses; percussion or detonating caps; igniters; electric detonators;

(v) radar apparatus, radio navigational aid apparatus and radio remote control apparatus;

(vi) tanks and other armoured fighting vehicles, motorised, whether or not fitted with weapons and parts of such vehicles, that are funded (investment made in the company) to the extent of ninety per cent. or more by the Government or Government Agencies;

(b) provisions of clause (A) shall be applicable, if the net worth of the company is rupees five hundred crore or more or the turnover is rupees five hundred crore or more.

(B) companies engaged in an industry regulated by a Sectoral Regulator or a Ministry or Department of Central Government:

(a) (i) Port services of stevedoring, pilotage, hauling, mooring, re-mooring, hooking, measuring, loading and unloading services rendered by a Port in relation to a vessel or goods regulated by the Tariff Authority for Major Ports under section 111 of the Major Port Trusts Act, 1963(38 of 1963);

(ii) Aeronautical services of air traffic management, aircraft operations, ground safety services, ground handling, cargo facilities and supplying fuel rendered by airports and regulated by the Airports Economic Regulatory Authority under the Airports Economic Regulatory Authority of India Act, 2008 (27 of 2008);

(iii) Telecommunication services made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature (other than broadcasting services) and regulated by the Telecom Regulatory Authority of India under the Telecom Regulatory Authority of India Act, 1997 (24 of 1997);

(iv) Generation, transmission, distribution and supply of electricity regulated by the relevant regulatory body or authority under the Electricity Act, 2003 (36 of 2003), other than for captive generation (as defined under the Electricity Rules 2005);

(v) Steel;

(vi) Roads and other infrastructure projects;

(vii) Drugs and Pharmaceuticals;

(viii) Fertilisers;

(ix) Sugar and industrial alcohol;

(x) Petroleum products regulated by the Petroleum and Natural Gas Regulatory Board under the Petroleum and Natural Gas Regulatory Board Act, 2006(19 of 2006);

(xi) Rubber and allied products being regulated by the Rubber Board.

(b) For the purposes of clause (B), the thresholds limit shall be as under, -

(i) in the case of a multi-product or a multi services company (i.e. a company producing more than one product or service), any product or a service for which the individual turnover (from such specific product or such specific service) is rupees fifty crore or more;

(ii) in the case of a company, producing any one specific product or service, if the net worth of the company is rupees one hundred and fifty crore or more or the turnover is rupees twenty five crore or more.

(c) in the case of companies engaged in an industry regulated by a sectoral regulator, the requirements of sectoral regulator regarding cost records shall be taken into account.

(C) Companies operating in areas involving public interest such as:

(a) (i) Railway or tramway locomotives, rolling stock, railway or tramway fixtures and fittings, mechanical (including electro mechanical) traffic signalling equipment’s of all kind;

(ii) Mineral products including cement;

(iii) Ores;

(iv) Mineral fuels (other than Petroleum), mineral oils etc.;

(v) Base metals;

(vi) Inorganic chemicals, organic or inorganic compounds of precious metals, rare-earth metals of radioactive elements or isotopes, and Organic Chemicals;

(vii) Jute and Jute Products;

(viii) Edible Oil under Administrative Price Mechanism;

(ix) Construction Industry;

(x) Companies engaged in health services viz. functioning as or running hospitals, diagnostic centres, clinical centres or test laboratories;

(xi) Companies engaged in education services, other than such similar services falling under philanthropy or as part of social spend which do not form part of any business.

(b) For the purposes of clause (C), the thresholds limit shall be as under, -

(i) in the case of a multi-product or a multi services company (i.e. a company producing more than one product or service), any product or a service for which the individual turnover (from such specific product or such specific service) is rupees fifty crore or more;

(ii) in the case of a company producing any one specific product or service, if the net worth of the company is rupees one hundred and fifty crore or more or the turnover is rupees twenty five crore or more.

(D) Companies (including foreign companies other than those having only liaison offices) engaged in the production, import and supply or trading of following medical devices, namely:-

(a) (i) Cardiac Stents;

(ii) Drug Eluting Stents;

(iii) Catheters;

(iv) Intra Ocular Lenses;

(v) Bone Cements;

(vi) Heart Valves;

(vii) Orthopaedic Implants;

(viii) Internal Prosthetic Replacements;

(ix) Scalp Vein Set;

(x) Deep Brain Stimulator;

(xi) Ventricular peripheral Shud;

(xii) Spinal Implants;

(xiii) Automatic Impalpable Cardiac Deflobillator;

(xiv) Pacemaker (temporary and permanent);

(xv) patent ductus arteriosus, atrial septal defect and ventricular septal defect closure device;

(xvi) Cardiac Re-synchronize Therapy ;

(xvii) Urethra Spinicture Devices;

(xviii) Sling male or female;

(xix) Prostate occlusion device; and

(xx) Urethral Stents.

(b) For the purposes of clause (D), the thresholds limit shall be as under, -

(i) in the case of a company engaged in multiple products, any product or device for which the individual turnover (from such specific product or device) is rupees ten crore or more, or one third of the turnover, whichever is less.

(ii) in the case of a company engaged in one specific product or device, if it has net worth of rupees one hundred and fifty crore or more or the turnover is rupees twenty five crores or more;

2. Prior to Substitution - Rule 4 be read as under:

4. Applicability for cost audit.-

(1) Every company engaged in a strategic industry and covered under sub-clause (b) of clause (A) of rule 3 shall be required to get its cost records audited in accordance with these rules.

(2) In the case of a multi-product or a multi services company specified in sub-clause (b) of clause (B) and sub-clause (b) of clause (C) of rule 3, the requirement for cost audit shall apply to a product or a service for which the individual turnover (from such specific product or such specific service) is rupees one hundred crore or more;

(3) In the case of a company producing any one specific product or service specified in sub-clause (b) of clause (B) and sub-clause (b) of clause (C) of rule 3, the requirement for cost audit shall apply if the net worth of the company is rupees five hundred crore or more or the turnover from such product or such service is rupees one hundred crore or more.

(4) In the case of a company engaged in medical products or devices referred to in sub-clause (b) of clause (D) of rule 3,-

(i) which has multiple products or devices (i.e. a company producing, importing and supplying or trading in more than one medical device or product), the requirement for cost audit shall apply to a medical device or product for which the individual turnover (from such specific medical device or product) is rupees ten crore or more, or one third of the turnover, whichever is less;

(ii) which has only one product or device (i.e. a company producing, importing and supplying or trading onemedica l device or product), the requirement for cost audit shall apply if the net worth of the company is rupees one hundred fifty crores or more or the turnover is rupees twenty five crores or more.

3. Prior to Omission - Rule 7 be read as under:

7. Rules not to apply in certain cases.- The requirement for cost audit under these rules shall not be applicable to a company which is covered under rule 3, and,

(i) whose revenue from exports, in foreign exchange, exceeds seventy five per cent of its total revenue or

(ii) which is operating from a special economic zone.

4. Prior to substitution w.e.f. 14.07.2016, the table A and B read as under

(A) Regulated Sectors

Sl. No.

Industry/ Sector/ Product/ Service

CETA Heading 
(wherever applicable)

1.

Telecommunication services made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature (other than broadcasting services) and regulated by the Telecom Regulatory Authority of India under the Telecom Regulatory Authority of India Act, 1997 (24 of 1997);

Not applicable

2.

Generation,  transmission,  distribution and supply of electricity regulated by the relevant regulatory body or authority under the Electricity Act, 2003 (36 of 2003), other than for captive generation (referred to in the Electricity Rules, 2005);

——

3.

Petroleum  products regulated by the Petroleum and Natural Gas Regulatory Board under the Petroleum and Natural Gas Regulatory Board Act, 2006 (19 of 2006 ;

2709 to 2715;

4.

Drugs and pharmaceuticals;

2901 to 2942;  3001  to3006.

5.

Fertilisers;

3102 to 3105.

6.

Sugar and industrial alcohol;

1701; 1703;2207

(B) Non-regulated Sectors

Sl. No.

Industry/ Sector/ Product/ Service

CETA   Heading (wherever applicable)

1.

Machinery and mechanical appliances used in defence,  space  and  atomic energy sectors  excluding any ancillary item or items;Explanation.  – For the purposes of this sub-clause, any company which is engaged in any item or items supplied exclusively for use under this clause, shall be deemed to be covered under these rules

8401 to 8402;  8801 to 8805; 8901 to 8908

2.

Turbo jets and turbo propellers;

8411

3.

Arms and ammunitions;

3601 to 3603; 9301 to 9306.

4.

Propellant powders; Prepared explosives (other than  propellant   powders);   safety   fuses; detonating fuses; percussion or detonating caps; igniters; electric detonators;

3601 to 3603

5.

Radar   apparatus,   radio   navigational   aid apparatus and radio remote control apparatus;

8526

6

Tanks and other armoured fighting vehicles, motorised, whether or not fitted with weapons and parts of such vehicles, that are funded (investment made in the company) to the extent of ninety per cent. or more by the Government or Government agencies;

8710

7

Port services of stevedoring, pilotage, hauling,. mooring,   re-mooring,  hooking,  measuring, loading and unloading services rendered by a Port in relation to a vessel or goods regulated by the Tariff Authority for Major Ports under section  III  of the Major Port Trusts Act, 1963(38 of 1963);

Not applicable

8.

Aeronautical services of air traffic management, aircraft  operations,  ground  safety services, ground handling, cargo facilities and supplying fuel rendered by airports and regulated by the Airports Economic Regulatory Authority under the Airports Economic Regulatory Authority of India Act, 2008 (27 of 2008);

Not applicable.

9.

Steel;

7201 to 7229; 7301 to 7326

10.

Roads   and   other   infrastructure   projects corresponding to para No. (1) (a) as specified in Schedule VI of the Companies Act, 2013;

Not applicable

11.

Rubber and allied products being regulated by the Rubber Board constituted under the Rubber Act, 1947 (XXIV of 1947).

4001 to 4017

12.

Coffee and tea;

0901 to 0902

13.

Railway or tramway locomotives, rolling stock, railway  or  tramway  fixtures  and  fittings, mechanical  (including  electro  mechanical) traffic signalling equipment’s of all kind;

8601 to 8608

14.

Cement;

2523; 6811 to 6812

15.

Ores and Mineral products;

2502 to 2522;  2524 to 2526; 2528 to 2530; 2601 to 2617

16.

Mineral fuels  (other than Petroleum), mineral oils etc.;

2701 to 2708

17.

Base metals;

7401 to 7403;  7405 to 7413; 7419; 7501 to 7508; 7601 to 7614; 7801 to 7802; 7804; 7806; 7901 to 7905; 7907; 8001; 8003; 8007; 8101 to 8113.

18.

Inorganic  chemicals,  organic  or  inorganic compounds of precious metals, rare-earth metals of radioactive elements or isotopes, and Organic Chemicals;

2801 to 2853; 2901 to 2942; 3801 to 3807; 3402 to 3403; 3809 to 3824.

19.

Jute and Jute Products;

5303, 5310

20.

Edible Oil

1507 to 1518

21.

Construction industry as per pars No. (5) (a) as specified in Schedule VI of the Companies Act, 2013 (18 of 2013)

Not applicable.

22.

Health  services,  namely functioning as or running hospitals, diagnostic centres, clinical centres or test laboratories;

Not applicable.

23.

Education  services, other than such similar services falling under philanthropy or as part of social spend which do not form part of any business.

Not applicable.

24.

Milk   Powder ;

0402

25.

Insecticides;

3808

26.

Plastics and polymers;

3901 to 3914; 3916 to 3921; 3925

27.

Tyres and tubes

4011 to 4013

28.

Paper;

4801 to 4802

29.

Textiles;

5004 to 5007; 5106 to 5113; 5205 to 5212; 5303; 5310; 5401 to 5408; 5501 to 5516

30.

Glass;

7003 to 7008; 7011; 7016

31.

Other machinery

8403 to 8487

32.

Electricals or electronic machinery;

8501 to 8507; 8511 to 8512; 8514 to 8515; 8517; 8525 to 8536; 8538 to 8547

 

5. Prior to substitution w.e.f 14.07.2016 Sub rule (5) of Rule 6 read as under:

 Every cost auditor shall forward his report to the Board of Directors of the company within a period of one hundred and eighty days from the closure of the financial year to which the report relates and the Board of Directors shall consider and examine such report particularly any reservation or qualification contained therein.

6.  Prior to substitution w.e.f 14.07.2016, Sub rule (6) of Rule 6 read as under:

Every company covered under these rules shall, within a period of thirty days from the date of receipt of a copy of the cost audit report, furnish the Central Government with such report along with full information and explanation on every reservation or qualification contained therein, in form CRA-4 along with fees specified in the Companies (Registration Offices and Fees) Rules, 2014.