Information as to pending liquidations

(1)

If the winding up of a company is not concluded within one year after its commencement, the Company Liquidator shall, unless he is exempted from so doing, either wholly or in part by the Central Government, within two months of the expiry of such year and thereafter until the winding up is concluded, at intervals of not more than one year or at such shorter intervals, if any, as may be prescribed, file a statement in such form containing such particulars as may be prescribed, duly audited, by a person qualified to act as auditor of the company, with respect to the proceedings in, and position of, the liquidation, with the Tribunal:

Proviso

Provided that no such audit as is referred to in this sub-section shall be necessary where the provisions of section 294 apply;

(1)

If the winding up of a company is not concluded within one year after its commencement, the Company Liquidator shall, unless he is exempted from so doing either wholly or in part by the Central Government, within two months of the expiry of such year and thereafter until the winding up is concluded, at intervals of not more than one year or at such shorter intervals, if any, as may be prescribed, file a statement in such form containing such particulars as may be prescribed, duly audited, by a person qualified to act as auditor of the company, with respect to the proceedings in, and position of, the liquidation,—

(a)

in the case of a winding up by the Tribunal, with the Tribunal; and

(b)

in the case of a voluntary winding up, with the Registrar:

Proviso

Provided that no such audit as is referred to in this sub-section shall be necessary where the provisions of section 294 apply.

(2)

When the statement is filed with the Tribunal under clause ( a ) of sub-section ( 1 ), a copy shall simultaneously be filed with the Registrar and shall be kept by him along with the other records of the company.

(3)

Where a statement referred to in sub-section ( 1 ) relates to a Government company in liquidation, the Company Liquidator shall forward a copy thereof—

(a)

to the Central Government, if that Government is a member of the Government company;

(b)

to any State Government, if that Government is a member of the Government company; or

(c)

to the Central Government and any State Government, if both the Governments are members of the Government company.

(4)

Any person stating himself in writing to be a creditor or contributory of the company shall be entitled, by himself or by his agent, at all reasonable times, on payment of the prescribed fee, to inspect the statement referred to in sub-section ( 1 ), and to receive a copy thereof or an extract therefrom.

(5)

Any person fraudulently stating himself to be a creditor or contributory under subsection ( 4 ) shall be deemed to be guilty of an offence under section 182 of the Indian Penal Code, and shall, on the application of the Company Liquidator, be punishable accordingly.

(6)

Where a Company Liquidator, who is an insolvency professional registered under the Insolvency and Bankruptcy Code, 2016 is in default in complying with the provisions of this section, then such default shall be deemed to be a contravention of the provisions of the said Code, and the rules and regulations made thereunder for the purposes of proceedings under Chapter VI of Part IV of that Code.

(6)

If a Company Liquidator contravenes the provisions of this section, the Company Liquidator shall be punishable with fine which may extend to five thousand rupees for every day during which the failure continues.

(7)

If a Company Liquidator makes wilful default in causing the statement referred to in sub-section ( 1 ) audited by a person who is not qualified to act as an auditor of the company, the Company Liquidator shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees, or with both.

Notes, amendments & references (5)

Substituted vide The Insolvency and Bankruptcy Code, 2016. To view the amendment, Click Here

Delegation of power to Regional Directors at Mumbai, Kolkata, Chennai, New Delhi, Ahmedabad, Hyderabad and Shillong vide notification S.O. 4090(E)To view the notification, Click Here

Refer rule 12 and Table annexed to the Companies (Registration Offices and Fees) Rules, 2014. To view the rule, Click Here

Substituted vide Companies (Amendment) Act, 2020 dated 28.09.2020 with effect from 21.12.2020. To view the Act, Click Here . To view the commencement notification, Click Here .

(7) Omitted vide Companies (Amendment) Act, 2020 dated 28.09.2020 with effect from 21.12.2020. To view the Act, Click Here . To view the commencement notification, Click Here .