9.
Claims for payment through Central Government.- (1)
Any person applying to the Central Government under clause
(b) of sub-section (7) of section 555 of the Act, shall make
such application under his own signature or through a power
of attorney-holder, giving details of the amount and the name
of the company from which the amount is due to him.
(2) Every such application shall be accompanied
by a treasury challan in token of payment of fees chargeable
for the amount of the claims in terms of the Companies (Fees
on Applications) Rules, 1968. Such fees shall be deposited
into the Government Treasury under the head "104-Other General
Economic Services-Regulation of Joint Stock Companies-Fees
realised by the Central Government on applications made to
it under the Companies Act, 1956".
(3) The application received by the Central
Government shall be sent to the Registrar of Companies concerned,
who shall verify from his records and certify whether the
claimant is entitled to money claimed by him and whether according
to the records with the Registrar, no application from the
claimant is pending in any court for payment of the money.
(4) The Central Government may direct the
Registrar of Companies concerned to obtain from the liquidator
of the company, in case the company has not been finally would-up,
a report certifying whether the claimant is or is not entitled
to the whole or any part of the amount claimed, and on receipt
of a communication from the Registrar in that regard, the
liquidator shall submit a report to the Central Government
through the Registrar specifying the amount, if any, to which
the claimant is entitled.
(5) Where the claimant's title to the aforesaid
money has been established to the satisfaction of the Central
Government, that Government shall direct the claimant (not
being the Central Government itself, a State Government, a
Government company within the meaning of section 617 of the
Act or a local authority) to execute an indemnity bond with
or without surety in the form set out in Annexure II or as
near thereto as may be on a non-judicial stamp paper of the
value payable in the State of execution or acceptance.
(6) On receipt of the report referred to
in sub-rule (4) and the indemnity bond, if any, duly executed
by the claimant, the Central Government shall issue a payment
order sanctioning the payment of the amount due to the claimant.
(7) Notwithstanding anything in sub-rule
(4) or sub-rule (5), the Central Government may, where the
amount claimed is not more than 2[one thousand rupees] and
the claimant establishes his title to the money to its satisfaction,
issue an order sanctioning the payment of the amount due to
the claimant.
(8) The claimant, on receipt of the order
under sub-rule (6) or sub-rule (7), shall obtain payment of
the amount from the Registrar of Companies concerned or such
other Registrar of Companies as may be specified in that order
after delivering to him a stamped receipt bearing the signature
of two witnesses.
(9) The Registrar of Companies concerned
shall, in the accounts maintained by him, cause a note to
be made therein of any payment having been made. |
