Section 172 of the Companies Act, 2013

Section 172 of the Companies Act, 2013

– Punishment for contravention of provisions of Chapter XI (Appointment and Qualifications of Directors)

📜 Bare Act Text (Simplified):

If a company or any officer of a company contravenes any provision of Chapter XI (which covers Sections 149 to 172, relating to appointment and qualifications of directors), and no specific punishment is provided for such contravention,

➡️ Then the company and every officer who is in default shall be liable to a penalty of ₹50,000.

➡️ In case of continuing contravention, there will be a further penalty of ₹500 per day, subject to a maximum of ₹3 lakh.

Key Points / Summary:

ParticularDetails
Applies toContraventions of Chapter XI where no specific penalty is prescribed.
Who is liable?The company and officer in default.
Initial penalty₹50,000 (one-time).
Continuing default penalty₹500 per day (max ₹3,00,000).

📌 Example:

Suppose a company fails to comply with Section 164 (disqualification of directors), and no specific punishment is provided for that default:

The company and each responsible officer will be liable to a penalty of ₹50,000.

If the default continues, ₹500 per day will be added, up to ₹3,00,000 maximum.

 

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