Sections 359 and 360 of Companies Act 2013: Appointment, Powers and Functions of Official Liquidator
Sections 359 and 360 form part of Chapter XX, Part IV of the Companies Act, 2013. They deal with the appointment of Official Liquidators for winding up by the Tribunal and the statutory powers and functions that an Official Liquidator may exercise.
Meaning of Official Liquidator
An Official Liquidator is an officer appointed by the Central Government for functions connected with winding up of companies by the Tribunal. Section 359 authorises appointment of Official Liquidators as well as Joint, Deputy and Assistant Official Liquidators. Section 360 sets out the broad source of their powers and functions.
| Provision | Subject | Key point |
|---|---|---|
| Section 359 | Appointment of Official Liquidator | Central Government may appoint the required number of Official, Joint, Deputy or Assistant Official Liquidators for Tribunal winding up functions. |
| Section 360 | Powers and functions of Official Liquidator | Official Liquidator exercises prescribed powers and duties and may exercise Company Liquidator powers and conduct directed inquiries or investigations. |
Section 359 - Appointment of Official Liquidator
Section 359(1): For the purposes of the Act, so far as it relates to winding up of companies by the Tribunal, the Central Government may appoint as many Official Liquidators, Joint Official Liquidators, Deputy Official Liquidators or Assistant Official Liquidators as it considers necessary for discharge of the functions of the Official Liquidator.
Section 359(2): The liquidators appointed under sub-section (1) are whole-time officers of the Central Government.
Section 359(3): The salary and other allowances of the Official Liquidator, Joint Official Liquidator, Deputy Official Liquidator and Assistant Official Liquidator are paid by the Central Government.
What Section 359 means
The provision establishes the administrative framework for Official Liquidators. Appointment is made by the Central Government, the officers serve on a whole-time basis, and their salary and allowances are borne by the Central Government. Their statutory role is linked to winding up proceedings before the Tribunal.
Section 360 - Powers and Functions of Official Liquidator
Section 360(1): The Official Liquidator exercises such powers and performs such duties as may be prescribed by the Central Government.
Section 360(2)(a): Without prejudice to sub-section (1), the Official Liquidator may exercise all or any powers that may be exercised by a Company Liquidator under the Companies Act, 2013.
Section 360(2)(b): The Official Liquidator may conduct inquiries or investigations, when directed by the Tribunal or the Central Government, regarding matters arising out of winding up proceedings.
What Section 360 means
Section 360 combines prescribed duties with statutory enabling powers. It allows an Official Liquidator to perform the functions assigned under the applicable legal framework, to use powers available to a Company Liquidator where applicable, and to undertake inquiries or investigations when specifically directed by the Tribunal or the Central Government.
Tribunal and Winding Up Context
For these provisions, the relevant Tribunal is the National Company Law Tribunal. The Companies Act winding-up provisions should be read with the amendments introduced through the Insolvency and Bankruptcy Code, 2016 and with the rules and notifications applicable to company winding up. The precise procedure depends on the nature and stage of the proceeding.
Official Legal Sources
For the current statutory text and amendments, readers should verify the provision from the official India Code portal and the Ministry of Corporate Affairs. The official consolidated Companies Act text should be preferred where any older reproduction differs from the amended law.
Last reviewed: 17 September 2026. This page is intended as a general legal information resource. Statutory text, rules, notifications and judicial decisions should be checked for the facts of a particular matter.