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Section 2

Subs. by Act 29 of 2020, s. 22, for sub-section (2) (w.e.f. 21-12-2020).

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2. Subs. by Act 29 of 2020, s. 22, for sub-section (2) (w.e.f. 21-12-2020). who is in default including liquidator of the company, if any, shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of fifty thousand rupees . ] (3) The provisions of this section shall apply to— (a) special resolutions; (b) resolutions which have been agreed to by all the members of a company, but which, if not so agreed to, would not have been effective for their purpose unless they had been passed as special resolutions; (c) any resolution of the Board of Directors of a company or agreement executed by a company, relating to the appointment, re-appointment or renewal of the appointment, or variation of the terms of appointment, of a managing director; (d) resolutions or agreements which have been agreed to by any class of members but which, if not so agreed to, would not have been effective for their purpose unless they had been passed by a specified majority or otherwise in some particular manner; and all resolutions or agreements which effectively bind such class of members though not agreed to by all those members; 1* * (f) resolutions requiring a company to be wound up voluntarily passed in pursuance of 2 [section 59 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016)]; (g) resolutions passed in pursuance of sub-section (3) of section 179: 3***