Nabin Raj Uprety
(Manager @ CA Parmeswaran & Co. )
(168 Points)
Replied 06 December 2018
Under section 167 (1) (b) of the 2013 Act, a leave of absence from all the meetings of the board of directors for a period of 12 months or more, even with approval of the Board will result in the director vacating his office.
Decided case law, Shekher Mehta v Kilpest Private Limited that if a director has been absent for the meetings of the Board more than the prescribed limit than vacation of office is automatic and no hearing is required to be given to the director.
Hence we can conclude that the vacation of office would occur automatically if a director was found to violate the provisions of section 167 of 2013 Act. i.e all the meeting for period of 12 months.
Hence in absence of specific mention of number of meeting per director, one can say the Minimum number is 1.