Whether 151 director ,163 director should be included in Total no.of directors u/s 152(6) for calculation of 2/3rd and make them non rotational . Is it so?
Small Shareholder Director is included in calculating 2/3rd Director eligible for rotation. But will never get considered while calculating 1/3rd Director to be rotated.
In calculation 2/3rd of 'Total No.of directors' u/s 152(6) independent and nominee directors are excluded. This is specifically stated in explanation to this section.
but proportion representation director u/s 163 should be included or not in Total no.of directors
bcoz sec.163 overrides entire act so as per me he should be excluded just like I dependent director