valid as on 18/07/2024

Section 163. Option to adopt principle of proportional representation for appointment of directors
Effective from 12-09-2013

Notwithstanding anything contained in this Act, the  of a  may provide for the appointment of not less than two-thirds of the total number of the directors of a company in accordance with the principle of proportional representation, whether by the single transferable vote or by a system of cumulative voting or otherwise and such appointments may be made once in every three years and casual vacancies of such directors shall be filled as provided in sub-section (4) of section 161.

Articles means the articles of association of a company as originally framed or as altered from time to time or applied in pursuance of any previous company law or of this Act
This section shall not apply to — (a) a Government Company in which the entire paid up share capital is held by the Central Government, or by any State Government or Governments or by the Central Government and one or more State Governments; (b) a subsidiary of a Government company, referred to in (a) above, in which the entire paid up share capital is held by that Government company. vide notification no. G.S.R. 463(E) dated 5th June, 2015.

(The exceptions, modifications and adaptations provided above shall be applicable only to those Government Companies which has not committed a default in filing its financial statements under section 137 of the said act or annual return under section 92 of the said act with the registrar, vide notification dated 13th June, 2017)

To view the notification,Click Here

Enforcement notification S.O.2754 (E) dated 12/09/2013

Exemption to Govt Companies G.S.R. 463(E) dated 05/06/2015

Exemptions to Government Companies [Amendment to GSR 463(E)] dated 13/06/2017

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