Bare Act Search Results

COMPANIES (OFFICIAL LIQUIDATOR'S ACCOUNTS) RULES, 1965 Complete Act

State: Central

Year: 1965

.....and payment or for payment, as the case may be, and the proceeds, when realised, shall be credited by the Reserve Bank to the said account and the fact intimated to the official liquidator. Any discount deducted or allowed on realisation by the official liquidator in payment of the amount due to him or other bank charges or any other charges shall be recoverable from the persons making the payment. 7. Remittance.- (1) Payments made in cash and those made by cheque shall be remitted to the Reserve Bank under separate challans. (2) The acknowledgement of the Reserve Bank shall be obtained for all moneys remitted into the Reserve Bank to the credit of the said account. 8. Withdrawals from Bank.- All moneys required by the official liquidator for meeting the expenses of, or for making cash payments in connection with, the liquidation of a company in his charge, shall be withdrawn from the Reserve Bank by cheques and every payment made by the official liquidator in excess of Rs. 50 shall be made by cheque drawn against the said account. 9. Periodical examination of accounts.- The official liquidator shall, at the end of every three months, examine the account of each.....

Companies Act, 2013, Section 359

Title: Appointment of Official Liquidator

State: Central

Year: 2013

(1) For the purposes of this Act, so far as it relates to the winding up of companies by the Tribunal, the Central Government may appoint as many Official Liquidators, Joint, Deputy or Assistant Official Liquidators as it may consider necessary to discharge the functions of the Official Liquidator. (2) The liquidators appointed under sub-section (1) shall be whole-time officers of the Central Government. (3) The salary and other allowances of the Official Liquidator, Joint Official Liquidator, Deputy Official Liquidator and Assistant Official Liquidator shall be paid by the Central Government.

Companies Act, 1956 Section 448

Title: Appointment of Official Liquidator

State: Central

Year: 1956

.....the assets and be paid to the Official Liquidator or to the Central Government, as the case may be. ( 6) The Official Liquidator shall conduct proceedings in the winding up of a company and perform such duties in reference thereto as the Tribunal may specify in this behalf: Provided that the Tribunal may -- (a) transfer the work assigned from one Official Liquidator to another Official Liquidator for the reasons to be recorded in writing; (b) remove the Official Liquidator on sufficient cause being sh own; (c) proceed against the Official Liquidator for professional misconduct.] _____________________ 1. Substituted by Act 11 of 2003, Section 63, for Section 448 (See Annexe).

Companies Act, 1956 Part 7

Title: Winding Up

State: Central

Year: 1956

.....given as the1[Tribunal] thinks reasonable. _____________________ 1. Substituted Act 11 of 2003, Section 54, for "Court". 2. Substituted by Act 11 of 2003, Section 54. 3. Substituted by Act 65 of 1960, Section 162, for "clauses (b), (c) and (e)" (w.e.f. 28-12-1960). 4. Substituted by Act 11 of 2003, Section 54, for "and (f)". 5. Substituted by Act 65 of 1960, Section 162, for "an inspector" (w.e.f. 28-12-1960). Section 439A - Statement of affairs to be filed on winding up of a company 1[ 439A. Statement of affairs to be filed on winding up of a company ( 1 ) Every company shall file with the Tribunal a statement of its affairs alongwith the petition for winding up. ( 2 ) Where a company oppose a petition for its winding up, it sh all file with the Tribunal a statement of its affairs. ( 3 ) The statement of affairs referred to in sub-section ( 1 ) or sub-section ( 2 ) shall be accompanied by-- (a) the last known addresses of all directors and company, secretary of such company; (b) the details of location of assets of the company and their value; (c) the details of all debtors and creditors with their complete addresses; (d) the details of workmen.....

Companies Act, 1956 Complete Act

State: Central

Year: 1956

.....as in the (Depositories Act, 1996) (22 of 1996); (12B) "derivative" has the same meaning as in clause (aa) of (S.2 of the Securities Contracts (Regulation) Act, 1956) (42 of 1956);] (13) "director" includes any person occupying the position of director, by whatever name called; (14) "District Court" means the principal Civil Court of original jurisdiction in a district, but does not include a High Court in the exercise of its ordinary original civil jurisdiction ; [(14A) "dividend" includes any interim dividend;] (15) "document" includes summons, notice, requisition, order, other legal process, and registers, whether issued, sent or kept in pursuance of this or any other Act or otherwise ; [(15A) "employees stock option" means the option given to the whole-time directors, officers or employees of a company, which gives such directors, officers or employees the benefit or right to purchase or subscribe at a future date, the securities offered by the company at a pre-determined price;] (16) "existing company" means an existing company as defined in (section 3); (17) "financial year" means, in relation to any body corporate, the period in respect of which.....

Companies Act, 1913 Complete Act

State: Central

Year: 1913

.....its ordinary original civil jurisdiction; (7) "existing company "means a company formed and registered under the (Companies Act, 1866), or under any Act or Acts repealed thereby, or under (Companies Act, 1882): (8) " Insurance company " means a company that carries on the business of insurance either solely or in common with any other business or businesses: (9) "manager " means a person who, subject to the control and direction of the directors has the management of the whole affairs of a company, and includes a director or any other person occupying the position of a manager by whatever name called and whether under a contract of service or not: (9A) " managing agent " means a person, firm or company entitled to the management of the whole affairs of a company by virtue of an agreement with the company, and under the control and direction of the directors except to the extent, if any, otherwise provided for in the agreement and includes any person, firm or company occupying such position by whatever name called : Explanation.-If a person occupying the position of a managing agent calls himself a manager he shall nevertheless be regarded as managing agent and not as manager for.....

Companies Act, 1956 Amending Act 4

Title: Companies (Second Amendment) Act, 2002

State: Central

Year: 1956

THE COMPANIES (SECOND AMENDMENT) ACT, 2002 [Act, No. 11 of 2003] [13th January 2003] PREAMBLE An Act further to amend the Companies Act, 1956. BE it enacted by Parliament in the Fifty-Third Year of the Republic of India as follows:-- Section1. Short title and commencement (1) This Act may be called the Companies (Second Amendment) Act, 2002. (2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision. Section2. Amendment of section 2 In section 2 of the Companies Act, 1956 (1 of 1956) (hereinafter referred to as the principal Act),-- (a) after clause (1a), the following clause shall be inserted, namely:-- '(1B) "Appellate Tribunal" means the National Company Law Appellate Tribunal constituted under sub-section (1) of section 10FR;'; (b) after clause (19A), the following clauses shall be inserted, namely:-- '(19AA) "industrial company" means a company which owns one.....

Companies Act, 1956 Complete Act

Title: Companies Act, 1956

State: Central

Year: 1956

.....to winding up Section644 - Repeal of Acts specified in Schedule XII Section645 - Saving of orders, rules, etc., in force at commencement of Act Section646 - Saving of operation of section 138 of Act 7 of 1913 Section647 - Saving of pending proceedings for winding up Section647A - Transfer of winding up proceedings to Tribunal Section648 - Saving of prosecutions instituted by liquidator or court under section 237 of Act 7 of 1913 Section649 - Construction of references to former enactments in documents Section650 - Construction of "registrar of joint stock companies" in Act 21 of 1860 [Repealed] Section651 - Construction of references to extraordinary resolution in articles, etc. Section651A - Reference of winding up of companies in other laws Section652 - Appointment under previous companies laws to have effect as if made under Act Section653 - Former registration offices continued Section654 - Registers under previous companies laws to be deemed to be part of registers under Act Section655 - Funds and accounts under Act to be in continuation of funds and accounts under previous companies law Section656 - Saving of incorporation under repealed Acts .....

Companies (Second Amendment) Act, 2002 Section 63

Title: Substitution of New Section for Section 448

State: Central

Year: 2002

For section 448 of the principal Act, the following section shall be substituted, namely:-- '448. Appointment of Official Liquidator.-- (1) For the purposes of this Act, so far as it relates to the winding up of a company by the Tribunal, there shall be an Official Liquidator who-- (a) may be appointed from a panel of professional firms of chartered accountants, advocates, company secretaries, costs and works accountants or firms having a combination of these professions, which the Central Government shall constitute for the Tribunal; or (b) may be a body corporate consisting of such professionals as may be approved by the Central Government from time to time; or (c) may be a whole-time or a pan-time officer appointed by the Central Government: Provided that, before appointing the Official Liquidator, the Tribunal may give due regard to the views or opinion of the secured creditors and workmen. (2) The terms and conditions for the appointment of the Official Liquidator and the remuneration payable to him shall be-- (a) approved by the Tribunal for those appointed under clauses (a) and (b) of sub-section (1), subject to a maximum remuneration of five per cent, of.....

Banking Regulation Act, 1949 Section 41A

Title: Notice to Preferential Claimants and Secured and Unsecured Creditors

State: Central

Year: 1949

.....depositors), by notice served in such manner as the Reserve Bank may direct, call upon (a) every claimant entitled to preferential payment under section 530 of the Companies Act, 1956(1 of 1956), and (b) every secured and every unsecured creditor, to send to the official liquidator within one month from the date of the service of the notice a statement of the amount claimed by him. (2) Every notice under sub-section (1) sent to a claimant having a claim under section 530 of the Companies Act, 1956 (1 of 1956), shall state that if a statement of the claim is not sent to the official liquidator before the expiry of the period of one month from the date of the service, the claim shall not be treated as a claim entitled to be paid under section 530 of the Companies Act, 1956, in priority to all other debts but shall be treated as an ordinary debt due by the banking company. (3) Every notice under sub-section (1) sent to a secured creditor shall require him to value his security before the expiry of the period of one month from the date of the service of the notice and shall state that if a statement of the claim together with the valuation of the security is not sent to the.....