# Place of keeping, and inspection of, registers and returns

- **Citation:** C.L. No. 48/R
- **Court:** Allahabad High Court
- **Decided:** 1950-08-07
- **Case number:** C.L. No. 48/R
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/place-of-keeping-and-inspection-of-registers-and-returns-163261
- **Pages:** 2

## Text

205

Section 163 -
Place of keeping, and inspection of, registers and returns.

Section 196 -
Inspection of minute books of general meetings.

Section 219 -
Right of member to copies of balance sheet and auditors'
report.

Section 234 -
Power of Registrar to call for information of explanation.

Section 240 -
Production of documents and evidence.

Section 304 -
Inspection of the register of Directors Managing Agents,
Secretaries and treasures, etc.

Section 307 -
Register of Director's share holdings, etc.

Section 375 -
Managing Agent not to engage in business competing with
business of managed company.

Section 614 -
Enforcement of duty of company to make returns, etc. to
Registrar.

Notifications issued under the proviso to sub-section (1) of section 3 of the Indian
Companies Act, 1913, are superseded by this notification only in respect of their
application to proceedings instituted on the day next following the date of its publication
in the Gazette.
(xv)
Official Receivers
G.L. No. 21/R dated 7th August, 1950

Recommendations for appointment or extension of the term of an Official
Receiver should be sent three months before the expiry of the term of such appointment.
C.E. No. 95/R dated 25th August, 1972

This should be sent by the District Judges to the Government direct instead of
routing them through the Court.
C.L. No. 48/R dated 26th August, 1950

The recommendation should invariably mention the date of birth of the person
recommended.
C.L. No. 8 dated 19th January, 1959

Appointments of Official Receiver shall, at the first instance, be made for a term
of one year.

In case the work of an Official Receiver appointed as above is found satisfactory
his term may be extended for three years.
G.L. No. 29/47-31 dated 26th July, 1932

District Judges shall take full security from Official Receivers before they are
allowed to work as such.
C.L. No. 59/R dated 9th June, 1953 read with
G.O. No. 3746(i)/VII-540, 46 dated 9th April, 1953
206

Verification of securities furnished by Official Receivers should, as far as
possible, be done through the agency of the Collector or the court Amin so that Official
Receiver may not have to pay much for the annual verification of his securities.
C.L. No. 19/R dated 21st March, 1964

The District Judges should ensure that a written undertaking is invariably taken
before hand from all the applicants for the post of Official Receiver that on being
selected they will readily be able to furnish the necessary securities according to dictions.
C.L. No. 6/3R dated 13th January, 1951

Road mileage is always much higher than the fare by rail or motor bus and in the
interest of the insolvents as well as the creditors Official Receivers should charge
traveling allowance accordance to the provisions of rule 14-A (2), Financial Handbook,
Volume II.
Preparation and checking of Official Receiver's accounts
G.L. No. 14/47-7(2) dated 8th March, 1935

The date on which possession is taken of the property should be shown in the
―Remark‖ column of Form nos. 136 and 137 [registers of movable property and
immovable property which are maintained by Official Receivers under rules (xi) and
(xii), of Appendix 17(J) of the General Rules (Civil), 1957].
G.L. No. 21/18 dated 2nd April, 1948

The Insolvency Judge should properly check the accounts and registers of the
Official Receiver at the end of each quarter, when accounts are submitted to him under
rules 16 and 18, Appendix 17(J) of the General Rules (Civil), 1957. Accounts should be
kept ready for audit at a week's notice.
G.L. No. 68/167-3(12) dated 7th July, 1936

The annual audit of the accounts of Official Receivers is carried out by the staff or
the Examiner, Local Fund Accounts, U.P. It is not generally possible to give audit
intimation more than a week before its commencement and all Receivers including
Official Receivers should keep all the records of accounts ready for audit and to produce
them before the auditors when required by them for the purpose of audit.
Appointment as Receiver or Guardian ad litem
G.L. No. 10/R dated 2nd May, 1950

Official Receivers, like other members of the Bar, are eligible for appointment as
receiver, guardian ad-litem or curator, and there is no objection to their holding the office
of Official Receiver while acting as such.
C.L. No. 13 dated 22nd January, 1958 and
C.L. No. 66 dated 3rd May, 1974

The Official Receiver has the experience of management of estates and property.
He has also furnished security for the proper discharge of his duties and seems to be well
qualified for such appointment.