Companies Act, 1956
Sec 550 - Disposal of books and papers of company.
(1) When the affairs of a company have been
completely wound up and it is about to be dissolved, its books and papers and
those of the liquidator may be disposed of as follows, that is to say :
(a) in the case of a winding up by or subject
to the supervision of the Court, in such manner as the Court directs ;
(b) in the case of a members' voluntary
winding up, in such manner as the company by special resolution directs ; and
(c) in the case of a creditors' voluntary
winding up, in such manner as the committee of inspection or, if there is no
such committee, as the creditors of the company may direct.
(2) After the expiry of five years from the
dissolution of the company, no responsibility shall rest on the company, the
liquidator, or any person to whom the custody of the books and papers has been
committed, by reason of any book or paper not being forthcoming to any person
claiming to be interested therein.
(3) The Central Government may, by rules,
(a) prevent for such period (not exceeding
five years from the dissolution of the company) as the Central Government
thinks proper, the destruction of the books and papers of a company which has
been wound up and of its liquidator ; and
(b) enable any creditor or contributory of the
company to make representations to the Central Government in respect of the
matters specified in clause (a) and to appeal to the Court from any direction
which may be given by the Central Government in the matter.
(4) If any person acts in contravention of any
such rules or of any direction of the Central Government there under, he shall
be punishable with imprisonment for a term which may extend to six months, or
with fine which may extend to fifty thousand rupees, or with both.