Companies Act, 1956
Sec 108-I -
Penalty for acquisition or transfer of share in contravention of sections 108A
to 108D.
(1) Any person who acquires any share in
contravention of the provisions of section 108A shall be punishable with
imprisonment for a term which may extend to three years, or with fine which may
extend to fifty thousand rupees, or with both.
(2)
(a) Every body corporate which makes any
transfer of shares without giving any intimation as required by section 108B
shall be punishable with fine which may extend to fifty thousand rupees.
(b) Where any contravention of the provisions
of section 108B has been made by a company, every officer of the company who is
in default shall be punishable with imprisonment for a term which may extend to
three years, or with fine which may extend to fifty thousand rupees, or with
both.
(3)
(a) Every body corporate which makes any
transfer of shares in contravention of the provisions of section 108C, shall be
punishable with fine which may extend to fifty thousand rupees.
(b) Where any contravention of the provisions
of section 108C has been made by a company, every officer of the company who is
in default shall be punishable with imprisonment for a term which may extend to
three years, or with fine which may extend to fifty thousand rupees or with
both.
(4)
(a) Every person who transfers any share in
contravention of any order made by the Central Government under section 108B,
or gives effect to any transfer of shares made in contravention of any
direction made by the Central Government under section 108D, or who exercises
any voting right in respect of any share in contravention of any direction made
by the Central Government under section 108D, shall be punishable with
imprisonment for a term which may extend to five years, and shall also be
liable to fine.
(b) If any company gives effect to any voting
or other right exercised in relation to any share acquired in contravention of
the provisions of section 108B, or which gives effect to any voting right in
contravention of any direction made by the Central Government under section
108D, the company shall be punishable with fine which may extend to fifty
thousand rupees, and every officer of the company who is in default shall be
punishable with imprisonment for a term which may extend to three years, or
with fine which may extend to fifty thousand rupees, or with both.