Cos 74 — Repayment of deposits, etc., accepted before commencement of this Act

Companies Act, 2013

Statutory text

(1) Where in respect of any deposit accepted by a company before the commencement of this Act, the amount of such deposit or part thereof or any interest due thereon remains unpaid on such commencement or becomes due at any time thereafter, the company shall—
(a) file, within a period of three months from such commencement or from the date on which such payments, are due, with the Registrar a statement of all the deposits accepted by the company and sums remaining unpaid on such amount with the interest payable thereon along with the arrangements made for such repayment, notwithstanding anything contained in any other law for the time being in force or under the terms and conditions subject to which the deposit was accepted or any scheme framed under any law; and

[(b) repay within three years from such commencement or on or before expiry of the period for which the deposits were accepted, whichever is earlier:
Provided  that  renewal  of  any  such  deposits  shall  be  done  in  accordance  with  the  provisions  of Chapter V and the rules made thereunder.]
(2) The Tribunal may on an application made by the company, after considering the financial condition of  the  company,  the  amount  of  deposit  or  part  thereof  and  the  interest  payable  thereon  and  such  other matters, allow further time as considered reasonable to the company to repay the deposit.
(3)  If  a  company  fails  to  repay  the  deposit  or  part  thereof  or  any  interest  thereon  within  the  time specified in sub-section (1) or such further time as may be allowed by the Tribunal under sub-section (2), the company shall, in addition to the payment of the amount of deposit or part thereof and the interest due, be punishable with fine which shall not be less than one crore rupees but which may extend to ten crore rupees and every officer of the company who is in default shall be punishable with imprisonment which may extend to seven years or with fine which shall not be less than twenty-five lakh rupees but which may extend to two crore rupees, or with both.

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