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165 Points
Joined October 2008
Dear Makrand,
Only "officer who is in default" shall be liable to punishment or penalty for the acts done by him as per the provisions of Section 5 of the Companies Act, 1956. They are
a. managing director,
b. whole time director
c. manager,
d. secretary
or any person(including any other director) who are charged with such responsibilities and such person has given consent to such responsibility so charged to him.
IMPORTANT
Section 201 of the companies act, 1956 provides that any provisions, whether contained in the articles of association of the company or in an agreement for exempting any director from or indemnifying him against any liabiity which by virtue of any rule of law would otherwise attach to him in respect of any negligece, breach of duty o breach of trust of which he may be guilty in relation to the company, shall be void.
However if in any proceeding a court passes judgement in favour of such director he may be indemnified by the company from such other costs incurred.