(1) At a general meeting of a company, a motion for the appointment of two or more persons as of the company by a single resolution shall not be moved unless a proposal to move such a motion has first been agreed to at the meeting without any vote being cast against it.
(2) A resolution moved in contravention of sub-section (1) shall be void, whether or not any objection was taken when it was moved.
(3) A motion for approving a person for appointment, or for nominating a person for appointment as a director, shall be treated as a motion for his appointment.
1.(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)
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2.This section shall not apply to private companies vide Notification no. G.S.R. 464(E) dated 5th June 2015
(The exceptions, modifications and adaptations provided above shall be applicable only to those Private 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)
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3. This section shall not apply to specified IFSC Public Company vide GSR 08(E) dated 4th January, 2017 respectively.
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Enforcement notification S.O.2754 (E) dated 12/09/2013
Exemption to Govt Companies G.S.R. 463(E) dated 05/06/2015
Exemption to Specified IFSC Public company [GSR 08(E)] dated 04/01/2017
Exemptions to Government Companies [Amendment to GSR 463(E)] dated 13/06/2017
Exemptions to Private Companies [Amendment to GSR 464(E)] dated 13/06/2017