1[39. Reserve Bank to be official Liquidator.-- 2[(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.]
3[(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.]
1Section 39 has been amended by Acts 52 of 1953, sections 4 and 7; Act 23 of 1955, s. 53 and the Fourth Schedule; Act 79 of 1956, s. 43 and the Second Schedule; Act 95 of 1956, s. 14 and the Schedule; Act 33 of 1959, s. 27 and Act 37 of 1960, s. 2 to read as above.
2Section 39 re-numbered as sub-section (1) thereof by Act 58 of 1968, s. 16 (retrospectively).
3Ins. by s. 16, ibid. (with retrospective effect).