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Bare acts > Companies Act, 1956
 
 
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SECTIONSSection 378-521 : COMPANIES ACT, 1956
  
 CHAPTER IV
 A. Secretaries and Treasurers (Omitted)
378.[Repealed]
379.[Repealed]
380.[Repealed]
381.[Repealed]
382.Secretaries and treasurers not to appoint directors
383.[Repealed]
383-A.Certain companies to have secretaries
 B. MANAGERS
384.Firm or body corporate not to be appointed manager
385.Certain persons not to be appointed managers
386.Number of companies of which a person may be appointed manager
387.Remuneration of manager
388.Application of sections 269, 310, 311, 312 and 317 to managers
388-A.Sections 386 to 388 not to apply to certain private companies
  
 CHAPTER IVA : POWERS OF CENTRAL GOVERNMENT TO REMOVE MANAGERIAL PERSONNEL FROM OFFICE ON THE RECOMMENDATION OF THE TRIBUNAL
388-B.Reference to Tribunal of cases against managerial personnel
388-C.Interim order by Tribunal
388-D.Decision of the Tribunal
388-E.Power of Central Government to remove managerial personnel on the basis of Tribunal decision
  
 CHAPTER V : ARBITRATIONS, COMPROMISES, ARRANGEMENTS AND RECONSTRUCTIONS
389.[Repealed]
390.Interpretation of sections 391 and 393
391.Power to compromise or make arrangements with creditors and members
392.Power of Tribunal to enforce compromise and arrangement
393.Information as to compromises or arrangements with creditors and members
394.Provisions for facilitating reconstruction and amalgamation of companies
394-A.Notice to be given to Central Government for applications under sections 391 and 394
395.Power and duty to acquire shares of shareholders dissenting from scheme or contract approved by majority
396.Power of Central Government to provide for amalgamation of companies in public interest
396-A.Preservation of books and papers of amalgamated company
  
 CHAPTER VI : PREVENTION OF OPPRESSION AND MISMANAGEMENT
 A. Powers of Tribunal
397.Application to Tribunal for relief in cases of oppression
398.Application to Tribunal for relief in cases of mismanagement
399.Right to apply under sections 397 and 398
400.Notice to be given to Central Government of applications under sections 397 and 398
401.Right of Central Government to apply under sections 397 and 398
402.Powers of Tribunal on application under section 397 or 398
403.Interim order by Tribunal
404.Effect of alteration of memorandum or articles of company by order under section 397 or 398
405.Addition of respondents to application under section 397 or 398
406.Application of sections 539 to 544 to proceedings under sections 397 and 398
407.Consequences of termination or modification of certain agreements
 B. Powers of Central Government
408.Powers of Government to prevent oppression or mismanagement
409.Power of Tribunal to prevent change in Board of directors likely to affect company prejudicially
  
 CHAPTER VII : CONSTITUTION AND POWERS OF ADVISORY COMMITTEE
410.Appointment of Advisory Committee
411.[Repealed]
412.[Repealed]
413.[Repealed]
414[Repealed]
415.[Repealed]
  
 CHAPTER VIII : MISCELLANEOUS PROVISIONS
 Contracts where company is undisclosed principal
416.Contracts by agents of company in which company is undisclosed principal
 Employees’ securities and provident funds
417.Employees' securities to be deposited in post office savings bank or Scheduled Bank
418.Provisions applicable to provident funds of employees
419.Right of employee to see bank's receipt for moneys or securities referred to in section 417 or 418
420.Penalty for contravention of sections 417,418 and 419
 Receivers and managers
421.Filing of accounts of receivers
422.Invoices, etc., to refer to receiver where there is one
423.Penalty for non-compliance with sections 421 and 422
424.Application of sections 421 to 423 to receivers and managers appointed by Tribunal and managers appointed in pursuance of an instrument
  
 PART VIA : REVIVAL AND REHABILITATION OF SICK INDUSTRIAL COMPANIES
424-A.Reference to Tribunal
424-B.Inquiry into working of sick industrial companies
424-C.Powers of Tribunal to make suitable order on completion of inquiry
424-D.Preparation and sanction of schemes
424-E.Rehabilitation by giving financial assistance
424-F.Arrangement for continuing operations, etc., during inquiry
424-G.Winding up of sick industrial company
424-H.Operating agency to prepare complete inventory, etc.
424-I.Direction not to dispose of assets
424-J.Power of Tribunal to call for periodic information
424-K.Misfeasance proceedings
424-L.Penalty for certain offences
  
 PART VII : WINDING UP
 CHAPTER 1 : PRELIMINARY
 Modes of winding up
425.Modes of winding up
 Contributories
426.Liability as contributories of present and past members
427.Obligations of directors and managers whose liability is unlimited
428.Definition of "contributory"
429.Nature of liability of contributory
430.Contributories in case of death of member
431.Contributories in case of insolvency of member
  
 CHAPTER II : WINDING UP BY THE TRIBUNAL
 Cases in which company may be wound up by the Tribunal
432.Contributories in case of winding up of a body corporate which is a member
433.Circumstances in which company may be wound up by Tribunal
434.Company when deemed unable to pay its debts
435.[Repealed]
436.[Repealed]
437.[Repealed]
 Petition for winding up
438.[Repealed]
439.Provisions as to applications for winding up
439-A.Statement of affairs to be filed on winding up of a company
 Commencement of winding up
440.Right to present winding up petition where company is being wound up voluntarily or subject to court's supervision
 Levy by way of cess and formation of Rehabilitation and Revival Fund
441.Commencement of winding up by Tribunal
441-A.Levy and collection of cess on turnover or gross receipts of companies
441-B.Crediting proceeds of cess to Consolidated Fund of India
441-C.Rehabilitation Fund
441-D.Application of Fund
441-E.Power to call for information
441-F.Penalty for non-payment of cess
441-G.Refund of fund in certain cases
 Powers of Tribunal
442.[Repealed]
443.Powers of Tribunal on hearing petition
 Consequences of winding up order
444.Order for winding up to be communicated to Official Liquidator and Registrar
445.Copy of winding up order to be filed with Registrar
446.Suits stayed on winding up order
446-A.Responsibility of directors and officers to submit to Tribunal audited books and accounts
447.Effect of winding up order
 Official Liquidators
448.Appointment of Official Liquidator
449.Official Liquidator to be liquidator
450.Appointment and powers of provisional liquidator
451.General Provisions as to liquidators
452.Style, etc., of liquidator
453.Receiver not to be appointed of assets with liquidator
454.Statement of affairs to be made to Official Liquidator
455.Report by Official Liquidator
456.Custody of company's property
457.Powers of liquidator
458.Discretion of liquidator
458-A.Exclusion of certain time in computing periods of limitation
459.Provision for legal assistance to liquidator
460.Exercise and control of liquidator's powers
461.Books to be kept by liquidator
462.Audit of liquidator's accounts
463.Control of Central Government over liquidators
 Committee of inspection
464.Appointment and Composition of committee of inspection
465.Constitution and proceedings of committee of inspection
 General powers of Tribunal in case of winding up by Court
466.Power of Tribunal to stay winding up
467.Settlement of list of contributories and application of assets
468.Delivery of property to liquidator
469.Payment of debts due by contributory and extent of set-off
470.Power of court to make calls
471.Payment into bank of moneys due to company
472.Moneys and securities paid into bank to be subject to order of court
473.Order on contributory to be conclusive evidence
474.Power to exclude creditors not proving in time
475.Adjustment of rights of contributories
476.Power to order costs
477.Power to summon persons suspected of having property of company, etc.
478.Power to order public examination of promoters, directors, etc.
479.Power to arrest absconding contributory
480.Saving of existing powers of Tribunal
481.Dissolution of company
 Enforcement of and appeal from orders
482.Order made in any Court to be enforced by other Courts
483.Appeals from orders
  
 CHAPTER III: VOLUNTARY WINDING UP
 

Resolution for, and commencement of; voluntary winding up

484.Circumstances in which company may be wound up voluntarily
485.Publication of resolution to wind up voluntarily
486.Commencement of voluntary winding up
 Consequences of voluntary winding up
487.Effect of voluntary winding up on status of company
 Declaration of solvency
488.Declaration of solvency in case of proposal to wind up voluntarily
 Provisions applicable to a members’ voluntary winding up
489.Provisions applicable to a members' voluntary winding up
490.Power of company to appoint and fix remuneration of liquidators
491.Board's powers to cease on appointment of liquidator
492.Power to fill vacancy in office of liquidator
493.Notice of appointment of liquidator to be given to Registrar
494.Power of liquidator to accept shares, etc., as consideration for sale of property of company
495.Duty of liquidator to call creditors' meeting in case of insolvency
496.Duty of liquidator to call general meeting at end of each year
497.Final meeting and dissolution
498.Alternative provisions as to annual and final meetings in case of insolvency
 Provisions applicable to a creditors’ voluntary winding up
499.Provisions applicable to a creditors' voluntary winding up
500.Meeting of creditors
501.Notice of resolutions passed by creditors' meeting to be given to Registrar
502.Appointment of liquidator
503.Appointment of committee of inspection
504.Fixing of liquidators' remuneration
505.Board's powers to cease on appointment of liquidator
506.Power to fill vacancy in office of liquidator
507.Application of section 494 to a creditors' voluntary winding up
508.Duty of liquidator to call meetings of company and of creditors at end of each year
509.Final meeting and dissolution
 Provisions applicable to every voluntary winding up
510.Provisions applicable to every voluntary winding up
511.Distribution of property of company
511-AApplication of section 454 to voluntary winding up
512.Powers and duties of liquidator in voluntary winding up
513.Body corporate not to be appointed as liquidator
514.Corrupt inducement affecting appointment as liquidator
515.Power of Tribuinal to appoint and remove liquidator in voluntary winding up
516.Notice by liquidator of his appointment
517.Arrangement when binding on company and creditors
518.Power to apply to Tribunal to have questions determined or powers exercised
519.Application of liquidator to Tribunal for public examination of promoters, directors, etc.
520.Costs of voluntary winding up
521.[Repealed]
 
 
 
 
SECTION : 124-251SECTION : 252-377
SECTION : 378-521SECTION : 522-658
SCHEDULE : ISCHEDULE : IA
SCHEDULE : IISCHEDULE : III
SCHEDULE : IVSCHEDULE : V
SCHEDULE : VISCHEDULE : V
SCHEDULE : IXSCHEDULE : X
SCHEDULE : XISCHEDULE : XII
SCHEDULE : XIIISCHEDULE : XIV
SCHEDULE : XV 

 

 
 

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