Companies Act, 1956
Sec 553 - Voluntary liquidator to make payments into Scheduled
Bank.
(1) Every liquidator of a company, not being
an Official Liquidator, shall, in such manner and at such times as may be
prescribed, pay the moneys received by him in his capacity as such into a
Scheduled Bank to the credit of a special banking account opened by him in that
behalf, and called
Company Limited "
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" the Liquidation Account of
............................... Company Private Limited "
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Company "
:
Provided that if the Court is satisfied that for
the purpose of carrying on the business of the company or of obtaining advances
or for any other reason, it is to the advantage of the creditors or
contributories that the liquidator should have an account with any other bank,
the Court may authorize the liquidator to make his payments into or out of such
other bank as the Court may select ; and thereupon those payments shall be made
in the prescribed manner and at the prescribed time into or out of such other bank.
(2) If any such liquidator at any time retains
for more than ten days a sum exceeding five hundred rupees or such other amount
as the Court may, on the application of the liquidator, authorize him to
retain, then, unless he explains the retention to the satisfaction of the
Court, he shall
(a) pay interest on the amount so retained in
excess, at the rate of twelve per cent per annum and also pay such penalty as
may be determined by the Registrar ;
(b) be liable to pay any expenses occasioned
by reason of his default ; and
(c) also be liable to have all or such part of
his remuneration as the Court may think just disallowed, and to be removed from
his office by the Court.