314. Powers and duties of Company Liquidator in voluntary winding up
(1) The Company Liquidator shall perform such functions and discharge such
duties as may be determined from time to time by the company or the creditors, as the case
may be.
(2) The Company Liquidator shall settle the list of contributories, which shall be
prima facie evidence of the liability of the persons named therein to be contributories.
(3) The Company Liquidator shall call general meetings of the company for the purpose
of obtaining the sanction of the company by ordinary or special resolution, as the case may
require, or for any other purpose he may consider necessary.
(4) The Company Liquidator shall maintain regular and proper books of account in
such form and in such manner as may be prescribed and the members and creditors and any
officer authorised by the Central Government may inspect such books of account.
(5) The Company Liquidator shall prepare quarterly statement of accounts in such
form and manner as may be prescribed and file such statement of accounts duly audited
within thirty days from the close of each quarter with the Registrar, failing which the Company
Liquidator shall be punishable with fine which may extend to five thousand rupees for every
day during which the failure continues.
(6) The Company Liquidator shall pay the debts of the company and shall adjust the
rights of the contributories among themselves.
(7) The Company Liquidator shall observe due care and diligence in the discharge of
his duties.
(8) If the Company Liquidator fails to comply with the provisions of this section except
sub-section (5) he shall be punishable with fine which may extend to ten lakh rupees.