valid as on 20/08/2018

Section 283. Custody of company's properties
Effective from 15-12-2016

(1) Where a winding up order has been made or where a provisional liquidator has been appointed, the or the provisional liquidator, as the case may be, shall, on the order of the , forthwith take into his or its custody or control all the property, effects and actionable claims to which the  is or appears to be entitled to and take such steps and measures, as may be necessary, to protect and preserve the properties of the company.

(2) Notwithstanding anything contained in sub-section (1), all the property and effects of the company shall be deemed to be in the custody of the Tribunal from the date of the order for the winding up of the company.

(3) On an application by the Company Liquidator or otherwise, the Tribunal may, at any time after the making of a winding up order, require any  for the time being on the list of contributories, and any trustee, receiver, banker, agent, or other employee of the company, to pay, deliver, surrender or transfer forthwith, or within such time as the Tribunal directs, to the Company Liquidator, any money, property or books and papers in his custody or under his control to which the company is or appears to be entitled.

2(23) Company Liquidator  means a person appointed by the Tribunal as the Company Liquidator in accordance with the provisions of section 275 for the winding up of a company under this Act.
2(90) Tribunal means the National Company Law Tribunal constituted under section 408
2(20) Company means a company incorporated under this Act or under any previous company law
2(26) Contributory means a person liable to contribute towards the assets of the company in the event of its being wound up.

Explanation.—For the purposes of this clause, it is hereby clarified that a person holding fully paid-up shares in a company shall be considered as a contributory but shall have no liabilities of a contributory under the Act whilst retaining rights of such a contributory

2(59) Officer includes any director, manager or key managerial personnel or any person in accordance with whose directions or instructions the Board of Directors or any one or more of the directors is or are accustomed to act

Enforcement Notification S.O. 3677(E) dated 07/12/2016


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