*(1) Notwithstanding anything contained in section 38A of this Act or in section 448 or section 449 of the Companies Act, 1956 (1 of 1956), where in any proceeding for the winding up by the High Court of a banking company, an application is made by the Reserve Bank in this behalf, the Reserve Bank, the State Bank of India or any other bank notified by the Central Government in this behalf or any individual, as stated in such application shall be appointed as the official liquidator of the banking company in such proceeding and the liquidator, if any, functioning in such proceeding shall vacate office upon such appointment.
**(2) Subject to such directions as may be made by the High Court, the remuneration of the official liquidator appointed under this section, the cost and expenses of his establishment and the cost and expenses of the winding up shall be met out of the assets of the banking company which is being wound up, and notwithstanding anything to the contrary contained in any other law for the time being in force, no fees shall be payable to the Central Government, out of the assets of the banking company.
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*Section 39 re-numbered as sub-section (1) thereof by Act 58 of 1968, s. 16 (retrospectively)
** Ins. by s. 16, ibid. (with retrospective effect)
Section 31 Submission of returns
Section 32 Copies of balance-sheets and accounts to be sent to registrar
Section 33 Display of audited balance-sheet by companies incorporated outside India
Section 34 Accounting provisions of this Act not retrospective
Section 34A Protection of documents of confidential nature
Section 36 Further powers and functions of Reserve Bank
Section 36A Certain provisions of the Act not to apply to certain banking companies
Section 36AA Power of Reserve Bank to remove managerial and other persons from office
Section 3CA Supersession of Board of Directors in certain cases
Section 36AD Punishments for certain activities in relation to banking companies
Section 36AF Power of the Central Government to make scheme
Section 36AG Compensation to be given to shareholders of the acquired bank
Section 36AH Constitution of the Tribunal
Section 36AI Tribunal to have powers of a civil court Section 36AJ Procedure of the Tribunal
Section 36B High Court defined
Section 37 Suspension of business
Section 38 Winding up by High Court
Section 39 Reserve Bank to be official Liquidator