Section 330: Penalty on director or authorised agent of foreign company in cases of
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
330. Penalty on director or authorised agent of foreign company in cases of
failure by director, agent or Board to comply with Act
(1) Every director of a company who fails to comply with section 38 (1)
or (4), 61 (3) or 246 (2) shall commit an offence and shall, on conviction, be
liable to a fine not exceeding 100,000 rupees.
(2) Where the Board fails to comply with section 44 (3), 45 (3), 179 (3),
191 (2), 210 (1), 223 (1) or (2), 262 (5) or 263 (2), every director of the
company shall commit an offence and shall, on conviction, be liable to a fine
not exceeding 100,000 rupees.
(3) Where the Board fails to comply with section 193, 207, 212 (1),
218 (1), 219 (1) or 220, every director of the company shall commit an
offence and shall, on conviction, be liable to a fine not exceeding
200,000 rupees.
(4) Where a foreign company to which Part XXII applies commits an offence, every authorised agent of that foreign company shall commit the like
offence unless he proves that the offence was committed without his
knowledge or that he had exercised due diligence to ensure that the offence
was not committed.
[S. 330 amended by s. 13 (r) of Act 11 of 2018 w.e.f. 9 August 2018.]
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Questions this section answers
- Can a director be fined personally if the Board fails to file the annual accounts?
- Can a foreign company's authorised agent be prosecuted for the company's offence?