Rem. to WTD approved for more than three yrs.?

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Ankur Sir,

 

I read ur marvellous compilation on the topic

CA Final: Apointment of Managerial Personel Analysis Part-II

A part of the same is reproduced here plus a query reg. the same:

Section 317 provides that managing director is not to be appointed for more than five years at a time and vide Notification No. GSR 36(E), dated 16th January, 2002, the remuneration payable to the Managing Director or Whole-time Director or Manager cannot be approved for more than three years at a time. Further re-appointment of managing director cannot be made for more than five years at a time.

 

The rem. payable to MD/WTD/Manager can't be approved for more than 3 yrs at a time??

To my knowledge, the said condition forms part only of Schedule XIII [Part II{Section II - Point 1 (B,C,D)}] and

not of Schedule XIII [Part II{Section II - Point 1 (A)}].

 

So, Is this true - a pub. co. paying rem. to a managerial person within limits of Point 1 (A) of Sch. XIII may approve the rem. for more than 3 yrs. Pl. clarify.

Replies (1)

Hi,

 

There is no doubt about your observation. This is one of the old point which normally discussed in standard coaching classes like ours.

From exam point of view you may follow your observation.

 

But as a professional I would suggest you to avoid fixing of remuneration for more than 3 years at a time in your professional working to avoid any kind of clash with CG or any other authority.

Regards

 

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