Cos 76A — Punishment for contravention of section 73 or section 76

Companies Act, 2013

Statutory text

[76A.  Punishment  for  contravention  of  section  73  or  section  76.—Where  a  company  accepts  or invites or allows or causes any other person to accept or invite on its behalf any deposit in contravention of the  manner or the  conditions  prescribed  under section  73  or  section  76 or rules  made  thereunder  or  if  a company fails to repay the deposit or part thereof or any interest due thereon within the time specified under section 73 or section 76 or rules made thereunder or such further time as may be allowed by the Tribunal under section73,—
(a) 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 or twice the amount of deposit accepted by the company, whichever is lower] but which may extend to ten crore rupees;
and (b) every officer of the company who is in default shall be punishable with imprisonment which may extend  to

[seven  years  and  with fine] which  shall not be  less than twenty-five  lakh rupees  but which may extend to two crore rupees,

***:
Provided that if it is  proved  that the officer of the company who is in default, has contravened such provisions knowingly or wilfully with the intention to deceive the company or its shareholders or depositors or creditors or tax authorities, he shall be liable for action under section 447.]

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