220. Three copies of balance sheet, etc., to be filed with Registrar .-
(1)After the balance sheet and the profit and loss account have been laid before a company at an annual general meeting as aforesaid, there shall be filed with the Registrar [within thirty days from the date on which the balance sheet and the profit and loss account were so laid] [ Inserted by Act 41 of 1974, Section 22 (w.e.f. 1.2.1975).] [or where the annual general meeting of a company for any year has not been held, there shall be filed with the Registrar within thirty days from the latest day on or before which that meeting should have been held in accordance with the provisions of this Act,] [ Inserted by Act 46 of 1977, Section 5 (w.e.f. 24.12.1977).]-(a)[* * *] [ The words " in the case of a public company" omitted by Act 65 of 1960, Section 66 (w.e.f. 28.12.1960).] [a copy] [Substituted by G.S.R. 70(E), dated 3.2.2009 (w.e.f. 3.2.2009). ] of the balance sheet and the profit and loss account, signed by the Managing Director, [* * *] [ The words " managing agent, secretaries and treasurers," omitted by Act 53 of 2000, Section 104 (w.e.f. 13.12.2000).] manager, or secretary of the company, or if there be none of these, by a Director of the company, together with [a copy] [Substituted by G.S.R. 70(E), dated 3.2.2009 (w.e.f. 3.2.2009). ] of all documents which are required by this Act to be annexed or attached to such balance sheet or profit and loss account:[[Provided that in the case of a private company, [copy] [Inserted by Act 65 of 1960, Section 66 (w.e.f. 28.12.1960). ] of the balance sheet and [copy] [Substituted by G.S.R. 70(E), dated 3.2.2009 (w.e.f. 3.2.2009). ] of the profit and loss account shall be filed with the Registrar separately:][* * *] [ Clause (b) omitted by Act 65 of 1960, Section 66 (w.e.f. 28.12.1960).][Provided further that,-(i)in the case of a private company which is not a subsidiary of a public company, or(ii)in the case of a private company of which the entire paid-up share capital is held by one or more bodies corporate incorporated outside India, or(iii)in the case of a company which becomes a public company by virtue of section 43-A, if the Central Government directs that it is not in the public interest that any person other than a member of the company shall be entitled to inspect, or obtain [copy] of, the profit and loss account of the company, no person other than a member of the company concerned shall be entitled to inspect, or obtain [copy] [Substituted by G.S.R. 70(E), dated 3.2.2009 (w.e.f. 3.2.2009). ] of, the profit and loss account of that company under section 610.](2)If the annual general meeting of a [* * *] [ The words " public or private" omitted by Act 65 of 1960, Section 66 (w.e.f. 28.12.1960).] company before which a balance sheet is laid as aforesaid does not adopt the balance sheet, [or is adjourned without adopting the balance sheet,] [ Inserted by Act 31 of 1988, Section 32 (w.e.f. 15.6.1988).] [, or, if the annual general meeting of a company for any year has not been held,] [ Inserted by Act 46 of 1977, Section 5 (w.e.f. 24.12.1977).] a statement of that fact and of the reasons therefor shall be annexed to the balance sheet [* * *] [ The words "and the copies thereof" omitted by G.S.R. 70(E), dated 3.2.2009 (w.e.f. 3.2.2009).] required to be filed with the Registrar.(3)If default is made in complying with the requirements of sub-sections (1) and (2), the company, and every officer of the company who is in default, shall be liable to the like punishment as is provided by section 162 for a default in complying with the provisions of sections 159, 160 or 161.
