Sections 310 and 311 of the Companies Act, 2013: Company Liquidator Provisions Omitted
Important: Sections 310 and 311 of the Companies Act, 2013 are no longer operative. They formed part of the former statutory framework for voluntary winding up and were omitted with effect from 15 November 2016 by section 255 and the Eleventh Schedule to the Insolvency and Bankruptcy Code, 2016.
The original page described Sections 310 and 311 as provisions concerning the appointment of a Company Liquidator and the power to remove a Company Liquidator or fill a vacancy. The legally important point today is that both sections have been omitted. They should therefore be read as historical provisions rather than as the present source of law for voluntary liquidation.
Section 310 - Appointment of Company Liquidator
Historical subject: Section 310 was titled "Appointment of Company Liquidator". In the current text of the Companies Act, 2013, the provision is shown as omitted with effect from 15 November 2016.
Meaning: Before its omission, this section belonged to Part II of the winding-up chapter dealing with voluntary winding up and addressed the appointment of a Company Liquidator. It no longer independently governs such an appointment.
Section 311 - Power to remove and fill vacancy of Company Liquidator
Historical subject: Section 311 was titled "Power to remove and fill vacancy of Company Liquidator". It too is shown in the current Act as omitted with effect from 15 November 2016.
Meaning: The provision historically dealt with removal of a Company Liquidator and filling a vacancy in that office in the former voluntary winding-up framework. Because the section has been omitted, it should not be presented as a currently operative procedure.
Why Sections 310 and 311 were omitted
The Insolvency and Bankruptcy Code, 2016 reorganised the legal framework for insolvency and liquidation. Section 255 of the Code, read with its Eleventh Schedule, amended the Companies Act, 2013 and omitted Part II dealing with voluntary winding up, including Sections 310 and 311, with effect from 15 November 2016.
For present-day voluntary liquidation of a corporate person, the relevant framework is found under the Insolvency and Bankruptcy Code, 2016 and the applicable Insolvency and Bankruptcy Board of India regulations. The precise provision and procedure should be checked against the latest official text and regulations before taking action.
Key takeaway
Sections 310 and 311 remain useful for understanding the legislative history of the Companies Act, 2013, but they are omitted provisions. A current legal article should therefore identify their former subject matter, state the date and legal basis of omission, and direct readers to the current insolvency and voluntary liquidation framework rather than reproduce them as active law.
Official legal resources
For authoritative and updated material, consult the official Companies Act text on India Code or the Ministry of Corporate Affairs and the current legal framework published by the Insolvency and Bankruptcy Board of India.