Chapter 17 Proceeding Of Lawsuits And Punishments

Section 161 : Punishment with fine not exceeding fifty thousand rupees

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The following person who commits the following offense shall be punished with a fine from ten thousand rupees to fifty thousand rupees:

(a) Where any shares are allotted in contravention of the provisions of this Act, the officer or person who makes such allotment;

(b) Where a company purchases, out of the company’s capital in stock, its own shares or the shares of its holding company contrary to this Act or makes investment in contravention this Act, every director of that company;

(c) In the event of failure to show or provide the books if account to the auditor as and when so required, the officer or person who has the duty to do so or provide the same;

(d) An auditor who does not present a report as specified in the Act;

(e) An director, manager and officer who does not make arrangements as referred to in Sub-section(3) of Section; 172;

(f) An director and officer who violates the provisions of Section 146 or 147 or who does not maintain such records books or returns as required to be maintained pursuant to this Act;

(g) An company, director, auditor, officer and employee who violate the provision contained in Chapter-18 or who fail to fulfil the duty and obligations specified in that Chapter;

(h) In the event of failure to call the general meeting or a meeting of the board of directors required to be called pursuant to this Act or failure to send a notice of the general meeting or a meeting of the board of directors or failure to prepare the documents to be made available to the shareholders before the holding or the general meeting or failure to present in the general meeting such documents as required to be presented, the director, officer or person who has the duty to maintain or do such act or to call the meeting or to send such notice;

(i) An officer who sets down any false deed or content of document stating that any matter which was neither done or happened to have been done or happened and vice versa in the minutes as referred to in Sub-section(1) of Section 75 and Sub-section (7) of Section 97 or such other return or report as required to be prepared an submitted to the company or Officer in such notice or information as required to be provided pursuant to this Act;

(j) In the event that an declaration made by the directors pursuant to Sub-section(2) of Section 136 is held to be false, the director who makes such false statement;

(k) An person who does false or wrong translation of any deed or document required to be submitted by a foreign company to the Office pursuant to this Act or any person who certifies the same.

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