Companies Act, 1956
Sec 9 - Act to override memorandum, articles, etc.
Save as otherwise expressly provided in the Act :
(a) the
provisions of this Act shall have effect notwithstanding anything to the
contrary contained in the memorandum or articles of a company, or in any
agreement executed by it, or in any resolution passed by the company in general
meeting or by its Board of directors, whether the same be registered, executed
or passed, as the case may be, before or after the commencement of this Act ;
and
(b) any
provision contained in the memorandum, articles, agreement or resolution
aforesaid shall, to the extent to which it is repugnant to the provisions of
this Act, become or be void, as the case may be.