468Power of Central Government to make rules relating to winding up
(1) The Central Government shall, make rules consistent with the Code of Civil Procedure, 1908 (5 of 1908) providing for all matters relating to the winding up of companies, which by this Act, are to be prescribed, and may make rules providing for all such matters, as may be prescribed.
1[(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(i) as to the mode of proceedings to be held for winding up of a company by the Tribunal under this Act;
(ii) for the holding of meetings of creditors and members in connection with proceedings under section 230;
(iii) for giving effect to the provisions of this Act as to the reduction of the capital;
(iv) generally for all applications to be made to the Tribunal under the provisions of this Act;
(v) the holding and conducting of meetings to ascertain the wishes of creditors and contributories;
(vi) the settling of lists of contributories and the rectifying of the register of members where required, and collecting and applying the assets;
(vii) the payment, delivery, conveyance, surrender or transfer of money, property, books or papers to the liquidator;
(viii) the making of calls; and
(ix) the fixing of a time within which debts and claims shall be proved.]
(3) All rules made by the Supreme Court on the matters referred to in this section as it stood immediately before the commencement of this Act and in force at such commencement, shall continue to be in force, till such time the rules are made by the Central Government and any reference to the High Court in relation to winding up of a company in such rules shall be construed as a reference to the Tribunal.
Download our fully-offline, High speed android app.- Click here
1. Subs. by Act 31 of 2016, s. 255 and the Eleventh Schedule, for sub-section (2) (w.e.f. 15-11-2016).
- 447 Punishment for frau
- 448 Punishment for false statement
- 449 Punishment for false evidence
- 450 Punishment where no specific penalty or punishment is provided
- 451 Punishment in case of repeated defaul
- 452 Punishment for wrongful withholding of propert
- 453 Punishment for improper use of ―Limited‖ or ―Private Limited‖
- 454 Adjudication of penalties
- 455 Dormant company
- 456 Protection of action taken in good faith
- 457 Non-disclosure of information in certain cases
- 458 Delegation by Central Government of its powers and functions
- 459 Power of Central Government of Tribunal to accord approval, etc., subject to conditions and to prescribe fees on application
- 460 Condonation of delay in certain case
- 461 Annual report by Central Governmen
- 462 Power to exempt class or classes of companies from provisions of this Act
- 463 Power of court to grant relief in certain cases
- 464 Prohibition of association or partnership of persons exceeding certain number
- 465 Repeal of certain enactments and savings
- 466 Dissolution of Company Law Board and consequential provisions
- 467 Power of Central Government to amend Schedules
- 468 Power of Central Government to make rules relating to winding up
- 469 Power of Central Government to make rules
- 470 Power to remove difficulties