Punishment for contravention of section 73 or section 76
Section 76A of the Companies Act, 2013 deals with punishment for contravention of section 73 or section 76. Where a company accepts or invites or allows or causes any other person to accept or invite on its behalf any deposit in contravention of the manner or the conditions prescribed under section 73 or section 76 or rules made thereunder or if a company fails to repay the deposit or part thereof or any The Act came into force on 01 Apr 2014.
1[76A. Punishment for contravention of section 73 or section 76.-- Where a company accepts or invites or allows or causes any other person to accept or invite on its behalf any deposit in contravention of the manner or the conditions prescribed under section 73 or section 76 or rules made thereunder or if a company fails to repay the deposit or part thereof or any interest due thereon within the time specified under section 73 or section 76 or rules made thereunder or such further time as may be allowed by the Tribunal under section 73,--
(a) the company shall, in addition to the payment of the amount of deposit or part thereof and the interest due, be punishable with fine which shall not be less than 2[one crore rupees or twice the amount of deposit accepted by the company, whichever is lower] but which may extend to ten crore rupees; and
(b) every officer of the company who is in default shall be punishable with imprisonment which may extend to 3[seven years and with fine] which shall not be less than twenty-five lakh rupees but which may extend to two crore rupees, 4***:
Provided that if it is proved that the officer of the company who is in default, has contravened such provisions knowingly or wilfully with the intention to deceive the company or its shareholders or depositors or creditors or tax authorities, he shall be liable for action under section 447.]
Section 76A, The Companies Act, 2013 (Act 18 of 2013).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Companies Act, 2013 as it accepted deposits from the Petitioner, who is not a member of the Respondent No. 3 Company without passing of resolution on general meeting and as per rules prescribed in consultation with RBI subject to conditions in Section 73(2) of the Companies Act. 12. It is further submitted that Section 76A of the Companies Act, 2013 further makes every officer of the company, who is in default of contravening the provisions as mentioned in Section 73 of the Companies Act, 2013, punishable with imprisonment which may extend to seven years and with fine which shall not be less than …
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… By way of the instant writ petition, the Petitioner has prayed for passing appropriate orders and direction to the respondent No. 2 to do their duty in accordance with law and to prosecute Respondents No.3 to 7 under Section 73 and 76A of the Companies Act, 2013 and to take appropriate action on the complaint filed by the petitioner. SUBMISSIONS 3. Learned counsel appearing on behalf of the Petitioner submitted that the Petitioner had paid amount in question to the Directors of Respondent No.3 Company …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 76A
What does Section 76A of the Companies Act deal with?
Section 76A of the Companies Act is headed "Punishment for contravention of section 73 or section 76". [76A. Punishment for contravention of section 73 or section 76.-- Where a company accepts or invites or allows or causes any other person to accept or invite on its behalf any deposit in contravention of the manner or the conditions prescribed under section 73 or section 76 or rules made thereunder
How do I find court cases under Section 76A of the Companies Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Companies Act 76A, section 76A Companies Act, section 76A of the Companies Act. People searching for it also type 76a companies act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 76A of the Companies Act, and has it changed?
Its own text turns on section 73 (Prohibition on acceptance of deposits from public), section 76 (Acceptance of deposits from public by certain companies), section 447 (Punishment for fraud), so none of them can safely be read on its own. One instrument names it without being made under it, most recently Companies (Incorporation) 4th Amendment Rules,2018 (2018).
When did Section 76A of the Companies Act come into force?
Section 76A of the Companies Act, cited as Companies Act 76A, came into force on 01 Apr 2014, having been enacted on 29 Aug 2013. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions5089 words
- 143. Powers and duties of auditors and auditing standards1867 words
- 230. Power to compromise or make arrangements with creditors and members1432 words
- 232. Merger and amalgamation of companies1416 words
- 149. Company to have Board of Directors1403 words
- 217. Procedure, powers, etc., of inspectors1390 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.