Preservation of company records after winding up permits controlled disposal, government rule-making, and penalties for contravention. Disposal of a company's books and papers must follow the authority appropriate to the winding-up mode: Tribunal directions in tribunal windings, company special resolution in members' voluntary windings, and committee of inspection or creditors' directions in creditors' voluntary windings. After dissolution, custody holders cease to be responsible for missing records following the prescribed period. The Central Government may by rule temporarily prevent destruction of records, permit creditors or contributories to make representations, and provide for appeals to the Tribunal against its directions. Contravention of such rules or directions is punishable with imprisonment, fine, or both.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Preservation of company records after winding up permits controlled disposal, government rule-making, and penalties for contravention.
Disposal of a company's books and papers must follow the authority appropriate to the winding-up mode: Tribunal directions in tribunal windings, company special resolution in members' voluntary windings, and committee of inspection or creditors' directions in creditors' voluntary windings. After dissolution, custody holders cease to be responsible for missing records following the prescribed period. The Central Government may by rule temporarily prevent destruction of records, permit creditors or contributories to make representations, and provide for appeals to the Tribunal against its directions. Contravention of such rules or directions is punishable with imprisonment, fine, or both.
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