Section 336 of Companies Act, 2013

336. Offences by officers of companies in liquidation

(1) If any person, who is or has been an officer of a company which, at the time of

the commission of the alleged offence, is being wound up, whether by the Tribunal or

voluntarily, or which is subsequently ordered to be wound up by the Tribunal or which

subsequently passes a resolution for voluntary winding up,—

(a) does not, to the best of his knowledge and belief, fully and truly disclose to

the Company Liquidator all the property, movable and immovable, of the company, and

how and to whom and for what consideration and when the company disposed of any

part thereof, except such part as has been disposed of in the ordinary course of the

business of the company;

(b) does not deliver up to the Company Liquidator, or as he directs, all such part

of the movable and immovable property of the company as is in his custody or under

his control and which he is required by law to deliver up;

(c) does not deliver up to the Company Liquidator, or as he directs, all such

books and papers of the company as are in his custody or under his control and which

he is required by law to deliver up;

(d) within the twelve months immediately before the commencement of the

winding up or at any time thereafter,—

(i) conceals any part of the property of the company to the value of one

thousand rupees or more, or conceals any debt due to or from the company;

(ii) fraudulently removes any part of the property of the company to the

value of one thousand rupees or more;

(iii) conceals, destroys, mutilates or falsifies, or is privy to the concealment,

destruction, mutilation or falsification of, any book or paper affecting or relating

to, the property or affairs of the company;

(iv) makes, or is privy to the making of, any false entry in any book or

paper affecting or relating to, the property or affairs of the company;

(v) fraudulently parts with, alters or makes any omission in, or is privy to

the fraudulent parting with, altering or making of any omission in, any book or

paper affecting or relating to the property or affairs of the company;

(vi) by any false representation or other fraud, obtains on credit, for or on

behalf of the company, any property which the company does not subsequently

pay for;

(vii) under the false pretence that the company is carrying on its business,

obtains on credit, for or on behalf of the company, any property which the

company does not subsequently pay for; or

(viii) pawns, pledges or disposes of any property of the company which

has been obtained on credit and has not been paid for, unless such pawning,

pledging or disposing of the property is in the ordinary course of business of

the company;

(e) makes any material omission in any statement relating to the affairs of the

company;

(f) knowing or believing that a false debt has been proved by any person under

the winding up, fails for a period of one month to inform the Company Liquidator

thereof;

(g) after the commencement of the winding up, prevents the production of any

book or paper affecting or relating to the property or affairs of the company;

(h) after the commencement of the winding up or at any meeting of the creditors

of the company within the twelve months next before the commencement of the winding

up, attempts to account for any part of the property of the company by fictitious

losses or expenses; or

(i) is guilty of any false representation or fraud for the purpose of obtaining the

consent of the creditors of the company or any of them, to an agreement with reference

to the affairs of the company or to the winding up,

he shall be punishable with imprisonment for a term which shall not be less than three years

but which may extend to five years and with fine which shall not be less than one lakh rupees

but which may extend to three lakh rupees:

Provided that it shall be a good defence if the accused proves that he had no intent to

defraud or to conceal the true state of affairs of the company or to defeat the law.

(2) Where any person pawns, pledges or disposes of any property in circumstances

which amount to an offence under sub-clause (viii) of clause (d) of sub-section (1), every

person who takes in pawn or pledge or otherwise receives the property, knowing it to be

pawned, pledged, or disposed of in such circumstances as aforesaid, shall be punishable

with imprisonment for a term which shall not be less than three years but which may extend

to five years and with fine which shall not be less than three lakh rupees but which may

extend to five lakh rupees.

Explanation.—For the purposes of this section, the expression “officer” includes any

person in accordance with whose directions or instructions the directors of the company

have been accustomed to act.

Complete: companies-act-2013