Companies Act, 1956
Sec 407 - Consequences of termination or modification of
certain agreements.
(1) Where an order made under section 397 or
398 terminates, sets aside, or modifies an agreement such as is referred to in
clause (d) or (e) of section 402,
(a) the order shall not give rise to any
claims whatever against the company by any person for damages or for
compensation for loss of office or in any other respect, either in pursuance of
the agreement or otherwise ;
(b) no managing or other director or manager
whose agreement is so terminated or set aside shall, for a period of five years
from the date of the order terminating or setting aside the agreement, without
the leave of the Company Law Board, be appointed, or act, as the managing or
other director or manager of the company.
(2)
(a) Any person who knowingly acts as a
managing or other director, or manager of a company in contravention of clause
(b) of sub-section (1) ;
(c) every other director or every director, as
the case may be, of the company, who is knowingly a party to such contravention
;
shall be punishable with imprisonment for a
term which may extend to one year, or with fine which may extend to fifty
thousand rupees, or with both.
(3) No leave shall be granted under clause (b)
of sub-section (1) unless notice of the intention to apply for leave has been
served on the Central Government and that Government has been given an
opportunity of being heard in the matter