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53. Winding up by the Court.-

7[(1) The Tribunal may order the winding up in accordance with the Companies Act, 1956 (1 of 1956) of any insurance company and the provisions of that Act shall, subject to the provisions of this Act, apply accordingly.]

1[Explanation.-For the purpose of sections 53 to 61A, "Tribunal" means the National Company Law Tribunal constituted under sub-section (1) of section 408 of the Companies Act, 2013 (18 of 2013).]

(2) In addition to the grounds on which such an order may be based, the 2[Tribunal] may order the winding up of an insurance company- (a) if with the sanction of the 2[Tribunal] previously obtained a petition in this behalf is presented by shareholders not less in number than one tenth of the whole body of shareholders and holding not less than one-tenth of the whole share capital or by not less than fifty policy-holders holding policies of life insurance that have been in force for not less than three years and are of the total value of not less than fifty thousand rupees; or

(b) if the 3[Authority], who is hereby authorised to do so, applies in this behalf of the 2[Tribunal] on any of the following grounds, namely:-

4* * * * *

(ii) that the company having failed to comply with any requirement of this Act has continued such failure 5[or having contravened any provision of this Act has continued such contravention] for a period of three months after notice of such failure 5[or contravention] has been conveyed to the company by the 3[Authority],

(iii) that it appears from 6[any returns or statements] furnished under the provisions of this Act or from the results of any investigation made thereunder that the 7[company is, or is deemed to be insolvent], or

(iv) that the continuance of the company is prejudicial to the interest of the policy-holders 8[or to the public interest generally].

1. Subs. by Act 5 of 2015, s. 62, for "Central Government" (w.e.f. 26-12-2014).

2. Subs. by s. 63, ibid., for "punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both" (w.e.f. 26-12-2014).

3. Subs. by Act 54 of 1955, s. 3, for "sections 52A to 52C inclusive" (w.e.f. 1-11-1955).

4. The words "Central Government or" omitted by Act 5 of 2015, s. 64 (w.e.f. 26-12-2014).

5. Subs .by Act 41 of 1999, s. 30 and the First Schedule, for "Controller" (w.e.f. 19-4-2000).

6. Ins. by Act 62 of 1968, s. 22 (w.e.f. 1-6-1969).

7. Subs. by Act 11 of 2003, s. 133 and the Schedule, for sub-section (1) (w.e.f. 1-4-2003).

Insurance Act, 1938 Back

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