Companies Act, 2013

Sections 264 and 265 of the Companies Act, 2013: Current Status and Former Provisions

Sections 264 and 265 originally formed part of Chapter XIX of the Companies Act, 2013, which dealt with revival and rehabilitation of sick companies. Section 264 concerned implementation of a rehabilitation scheme, while Section 265 concerned winding up of a company on the report of the company administrator.

Current legal position: Both provisions were omitted with effect from 15 November 2016 by section 255 read with the Eleventh Schedule to the Insolvency and Bankruptcy Code, 2016. They therefore no longer operate as substantive provisions of the Companies Act, 2013.

Section 264 - Implementation of scheme

Former subject: "Implementation of scheme."

The provision belonged to the former statutory framework for revival and rehabilitation of sick companies. It was omitted from 15 November 2016. Accordingly, Section 264 should now be read as an omitted provision rather than as a current procedure for implementing a rehabilitation scheme.

Section 265 - Winding up on report of company administrator

Former subject: "Winding up of company on report of company administrator."

This provision also formed part of the former Chapter XIX rehabilitation framework and was omitted from 15 November 2016. The former company-administrator mechanism under this Chapter should not be presented as the current insolvency process.

Why were Sections 264 and 265 omitted?

The Insolvency and Bankruptcy Code, 2016 introduced a consolidated insolvency framework and made consequential amendments to the Companies Act, 2013. As part of those changes, the provisions in Chapter XIX, including Sections 264 and 265, were omitted.

Current insolvency and winding-up framework

For corporate insolvency, resolution and liquidation, the Insolvency and Bankruptcy Code, 2016 and the regulations made under it are central to the present framework. The Companies Act, 2013 continues to contain provisions dealing with winding up by the Tribunal in Chapter XX, subject to the amendments made after enactment of the IBC.

Official legal resources

For the latest statutory text and regulatory updates, refer to the Ministry of Corporate Affairs - Companies Act, 2013 and the Insolvency and Bankruptcy Board of India - Legal Framework.

Related Companies Act provisions

Sections 261, 262 and 263 - former revival and rehabilitation provisions

Sections 266 and 267 - former Chapter XIX provisions

Sections 271, 272 and 273 - winding up by Tribunal

Updated: 17 September 2026. This page is a general legal information resource. Verify the applicable statutory text, notifications and case-specific requirements before relying on it.