What is Provisions of Chapter cumulative What is Saving and construction of enactments conferring power to wind up partnership firm, association or company, etc., in certain cases Section 377 and 378 of Indian Companies Act 2013

Provisions of Chapter cumulative and Saving and construction of enactments conferring power to wind up partnership firm, association or company, etc., in certain cases are defined under Section 377  and 378 of Indian Companies Act 2013. Provisions under these Sections are:


 

Section 377 of Indian Companies Act 2013 "Provisions of Chapter cumulative"

(1) The provisions of this Part, with respect to unregistered companies shall be in addition to and not in derogation of, any provisions hereinbefore in this Act contained with respect to the winding up of companies by the Tribunal.

(2) The Tribunal or Official Liquidator may exercise any powers or do any act in the case of unregistered companies which might be exercised or done by the Tribunal or Official Liquidator in winding up of companies formed and registered under this Act:

Provided that an unregistered company shall not, except in the event of its being wound up, be deemed to be a company under this Act, and then only to the extent provided by this Part.

 

Section 378 of Indian Companies Act 2013 "Saving and construction of enactments conferring power to wind up partnership firm, association or company, etc., in certain cases"

Nothing in this Part, shall affect the operation of any enactment which provides for any partnership firm, limited liability partnership or society or co-operative society, association or company being wound up, or being wound up as a company or as an unregistered company, under the Companies Act, 1956, or any Act repealed by that Act:

Provided that references in any such enactment to any provision contained in the Companies Act, 1956 or in any Act repealed by that Act shall be read as references to the corresponding provision, if any, contained in this Act.

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