Cos 468 — Powers of Central Government to make rules relating to winding up

Companies Act, 2013

Statutory text

(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.

[(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.

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