Powers and functions of Official Liquidator

Powers and functions of Official Liquidator. – (1) The Official Liquidator shall exercise the powers and perform the duties as specified in the Act and these rules.

(2)

For the purpose of clause (ii) of sub-section (1) of section 361 , the class of companies shall be as under, based on the latest audited Balance Sheet:-

(a)

the company which has taken deposit and total outstanding deposits is not exceeding twenty five lakh rupees; or

(b)

the company of which the total outstanding loan including secured loan does not exceed fifty lakh rupees; or

(c)

the company of which turnover is upto fifty crore rupees; or

(d)

the company of which paid up capital does not exceed one crore rupees.

(3)

The Official Liquidator shall maintain the Registers and books of accounts in the manner provided in rules 79 and 80.

(4)

For the purpose of filing and audit of the Official Liquidator’s accounts, the procedure laid down in the preceding rules 91 to 99 shall be followed with the modification that wherever the word Tribunal is mentioned, it shall be read as Central Government and with further directions issued by the Central Government as may be necessary, from time to time.

(5)

The Official Liquidator shall dispose of all the assets in the manner as described in preceding_rules 165 to 167 with the modification that wherever the word Tribunal is mentioned, it shall be read as Central Government and with further directions issued by the Central Government as may be necessary, from time to time.

(6)

The monies received by the Official Liquidator as referred to in section 349 shall be paid by him into the public account of India in the Reserve Bank of India as mentioned in that section not later than the next working day of the said Bank.

(7)

For the purposes of section 363, the creditors of the company shall prove their claim in the manner as provided under rules 100 to 125, with the modification and directions by Central Government as mentioned in sub-rule (4).

(8)

In the absence of any rules under this Part, on any subject for conduct of liquidation proceeding by the Official Liquidator, the relevant rules in the other Parts of these rules shall be followed with necessary modifications as directed by the Central Government.