Section 4. If any Company required by the last Section to register under this Penalty on CornAct makes default

224. If any Company required by the last Section to register under this Penalty on CornAct makes default in complying vith the provisions thereof, pany not registering. then, from and after the day up011 whicli such Company is required to register under this Act, until the day on which such Colllpany is registered under this Act (which it is empowered to clo at any time), the following consequetlces shall ensue, (that is to say)- (1.)[The ][Company shall be incapable of suing but shall not be incapable ] of being made a defendant to a suit : (2.)[No dividend shall ][be ][payable to a.ny shareholder in such Cornpaily ][: ] (3.)[Each Director or Mana.ger of the Company shall, for ea,ch day during ] xvhich the Conipany so being in default carries on business, incur a penalty not esceeding one hundred rupees, and such penalty nlay be recovered by any person, whether ashareholder or not in the Company, and be applied by him to his own use. Nevertl~eless, such default shall not render the Coml)any so being in default illegal, nor subject it to any penalty or disability other than as specified in this Section, and registration under this Act shall cancel any penalky or fori'eiture, and put an e l ~ d to any disability wllicl~ any Coinpnny may havc incnrreci by reason of 7LlT7,- its not l1:iving ~cgistercd ~11dr:~ t11e <:licl Act Xo. J \ of ~ `1856.` ~ `226.` All oEences uncler A-ct may bc, tried by any G)fi.ce~ exei:cish~g fcllcc~ CogniRnncc \!nd~r t,llis of Act. tl'c merit powers i ; ~ mllicll the ofTe~ldcr of n Jta.gistratc, uillcss is li.al~lc ttI1c shall exceed ~)eri.od of {;hat irrrprison.- \vl~ich . s ~ ~ l l O!T~CCS is co~nl~et,ellt to q~v&rcl ~miler Lhc `la\\:` for the tirnc being in fmec j.n t,]lrc place in \;hi& Ile is &nplojed. TT?hcu tllc pcriod of i&tprisoilulcni, pro- : pidcd this A,& ex&eods the poriod iha,t ru;r) IJC :l;Ga~:?i~d 1,) si~uli Q.lTil.;i:i, i.,Lc offf:.:lfie~: ~l~.;l.dl be comrnil,t,eci f o ~ trial LeIorc: ilic; Cj';ui~i:, ~ j f %~:jiai;.. L I 22c5. If ACT No. X OF 1866. 226. If any offence mliich by this Act is declared to be punishable by any h,lishment of ofpenalty shall be committed by any person within the loca,l .corumittcd within knees u d e r thiR local Act, limits of the ordinary original Civil jurisdiction of the High limits of Court. Court, such offence shall be punishable upon summary conviction by any Magistrate of Police of the @ace at which such Court is held.. 227. All penalties imposed 'under the authority of this Act may, in case Levy of penalties by of non-payment thereof, be levied by distress and sale of the distress. offender's moveable property by warrant under the hand of the Officer imposing the penalty. 228. I n case any such penalty shall not be forthwith paid; such Officer Procedure until re-[may order the offender to be arre'sted and kept in safe cus- ] turn is made to distody until the return can be conveniently made to such tress warrant. warrant of distress, unless the offender shall give security to the satisfaction of such Officer for his appeayance at such place and time as shall be appointed for tlie return of the warrant of distress. 229. If upon the return of the warrant it shall appear that no sufficient Imprisonment if no[distress can be had whereon to levy such penalty, and the ] suffiicent distress. same shall not be forthwith paid, or in case it shall appear to the satisfaction of such Officer, by the confession of the offender or otherwise, that he 11as not sufficient moveable property whereupon such penalty could be levied if a warrant of distress wereissued, any such Officer may, by warrant, under his hand, commit the-offender to prison, for any term not exceeding two months when the amount of penalty shall-not exceed fifty rupees, and for any term not exceeding f o u ~ months ~vlicn the amount shall not exceed one hundred rupees, and for any term not exceeding six months in any other case, the commitment to be determinable in each of the cases aforesaid on payment of the amount of penalty. 230. 111 Scctiotls 1 and 18 of Act No. XXl of 1860 goo?. the .i*egist~atioffi Constrnctionofc.Rc- oJ2;itel?uy, Scienti$c ccncl Cliuritable Societies), the words $ ~ ~ ~ ~ ~ s $ i l l ~ n s t " Registrar of Joint Stock Companies" shall be construed to TJO.XX'I of 1860. mean Registrar of JOI ,tt Stock Companies uncler this Act or any Act for the time being in force. 231. Save as providecl in Sectioll 126, aothimg in this ' Act not to apply to Banlib of Bc211gn!, Act shfill be declneci to appiy to till: 1;'iuk of J>e!l,o31, L ~ I C ?4adrLis or 1~onlbag. of 14adras aid the 13ank oi Bumbay. of J>e!l,o31, L ~ I C ~ ) u T ) ~ c ACT No. X `OF` 1866. `217.` If[any Unregistered Company has no power to sue and be sued in ] [a ] Provision `in` case common,name, or if, fur any reason, it appears expedient, the Unregi8teredCom~an~ Court may, by the order made for windirig-up such Company or by izny subsequent order, direct that all such pr&erty, moveable and imrnoveahle , i l ~ c l u d i n ~ all interests, claims and rights into and out of property, more:+ble and im:xoveable, and including tllings in action, as may belong to or be vested in the Company, or to or in auy peyson or persons on trust for 01. on belralf of t h e Company or any part of such property, is to vest in tlie Official Liquidator or Of-licid Iiyuidators by his or their official nume or names, and thereupon the same or such part thereof as ]nay be specified in the older shall vest accordingly, and the Official Liquidator or Official Liqnidators may, iu his or their official name or names, or ill such naiue 01- ilalnes arid after giri~lg such indemnity as tlie Cou~ t directs, l j r i n ~ or dcf'c~~d an). suits or other Icgill ~)rocecdings relating to :tny property vest()([ in him or tilcn~, or Ci>y si~its ur othci. leya\ l~roceedings necpssal.$ to l)e l>r0ugliL o r dcfcnded for the I)ulnposes of efK'ectu:llly winding-up the Coll,j,fiii~ 2nd rocover. iug t!~c property thereof, ==> picture [63 x 20] intentionally omitted <== ? r. s I ?- i i 1 ; \ `218.` The provisions made by this Part of the Act with respect to Unregis- Provisione `of` this tered Companies shall be deemed to be made in addition to and Part of Act cumulative. not in restriction of any provisions hereinbefore contained `1` wiih respect to winding-up Companies by the Court. The Court or Official Liquidator may, in addition to any thing contained in this Part of the Act, exercise `L` * any powers or do any act in the case of Unregistered Companies which might bc exercised or done by it or him in winding-up Companies formed under this Act ; but an Unregistered Company shall not, except in the event of its being wound up, be deemed to be a Company under this Act, and then only to tlie extent provided by this Part of this Act. `A` DIP `IT'` `A` DIP L - L ~ A. `219.` After the commencement of this Act, there shall be Repeal of Acts. repealed the several Acts specified in the third Schednle hercto. Saving Cla~~se as to 220. No repeal hereby enacted shall affect- repeal. `(1.)`[Any ][thing ][duly done under any Acts hereby repealed: ] `(2.)`[The incorporation of ][any ][Colnpany registered under any Act hereby ] repealed : (3.)[Any right ][or ][privilege acquired or liability iixcurrcd under any Act ] hereby rcpcaled : (dl.) Any penalty, forfeiture or other punishinent incurred in respect of ally offence against any Act herelsy repcalecl : (5,) Table H in the Schedule aizncsed to Act No. XIX of 1857 or any part tlicrcof, so far as the same applies to :illy Company existing nt tlie Lime of t,llc uom;ucncement of illis ,4ct. . - . - 821. "N11c.r~ 1?rc~:cuslv to thi: comme~~cei~leill of this Act an order has 136311 made for n~inding up a Company undkr any Acts or Act Snring of exisling l'Gocecdi~~gs ibr r i n d - ~ c I ' c ~ . ) Y repealed, 01. n 12wo!ution llns becil passed for wincling-. i ~ ~ g 1 1 ~ 1 . 111, `:L` Coinlx~ny volr~iztarilp, sncll (:oml~any sh?ll bc wo~md u??,: in LIiie sanic i;>ailnc:r and with thr ..:I:P ::;i;idciits . . as if ii.ct were not passed, and for the purposes of such wiurlin@-11p, suc!~ :.ciidtiJ Acts or Act, slxn.11 h.t d ~ ~ i ~ c i l t;o ~i!!!! :;ill ill fill1 force. fib>,? & A & * -*-.--Et'll~ri: .... . . I i ,- t y li 5' `3` ACT No. X OF `l866.,` Y 222. -.[Where previously ][t o ][the commencement of this -4ct any conveyance, ] B ~ of GConveyy- ~ ~[mortgage or other deed has been made in pnrsuanc~ of ] [apy ] mce Dee&. Act hereby repealed, such deed shall be of the same force as if this Act had notpassed, and for the purposes of such deed, such repealed Act shall be deemed t o remain in full force. `223.`[Every Company required by a.ny Act hereby repealed to register under ] the said Acts or either of them, and which has not so regisCompulsory registration of certain Corn- tered, shall, on o r before the expiration of the thirty -first day panies. from the commencement of this Act, register itself as a Company under this Act, in manner and subject to the reguiations hereinbefore contained. No fees shall be charged in respect of the registration of any Company required to register by this Section. 20. No Company shall be registered under a name identical with that Prohibition against[by which a subsisting Company is already registered, or ] identi@ of names in SO nearly resembling the same as to be calculated to deceive, Companies. except in a case where such subsisting Company is in the course of being dissolved and testifies its consent in such manner as the Registrar requires. If any Company, through inadvertence or otherwise, is, without such consent as aforesaid, registered by a name identical with that by which a subsisting Company is registered, or so nearly resembling the same as to be calculated to deceive, such first mentioned Company may, wi th1 the sanction of the ltegistrar, change its name, and upon such change being made, the Registrar shall enter the new name on the Register in the place of the former name, and shall issue a certificate of incorporation altered to meet the circumstances of the case ; but no such alteration of name shall affect any rights or obligations of the Company, or render defective any legal proceedings instituted or to be instituted by or against the Company, and any legd proceedings may be continued or commenced against the Company by its new name that might have been continued or commenced against the Company by its former name.