The Companies Act, 1956
204. Restriction on appointment of firm or body corporate to office or place of profit under a company.
1[(1) Save as provided in sub-section (2), no company shall after the commencement of this Act, appoint or employ any firm or body corporate to or in any office or place of profit under the company, other than the office of 2[***] trustee for the holders of debentures of the company, for a term exceeding five years at a time:
Provided that the initial appointment or employment of a firm or body corporate to or in any office or place of profit as aforesaid may, with the approval of the Central Government, be made for a term not conceding ten years.]
3[***]
(3) Any firm or body corporate holding at the commencement of this Act any office or place of profit under the company shall, unless its term of office expires earlier, be deemed to have vacated its office immediately on the expiry of five years from the commencement of this Act.
(4) Nothing contained in sub-section (1) shall be deemed to prohibit the re-appointment, re-employment, or extension of the term of office, of any firm or body corporate by further periods not exceeding five years on each occasion:
Provided that any such re-appointment, re-employment or extension shall not be sanctioned earlier than two years from the date on which it is to come into force.
(5) Any office or place in a company shall be deemed to be an office or place of profit under the company, within the meaning of this section, if the person holding it 4[obtains from the company anything] by way of remuneration, whether as salary, fees, commission perquisites the right to occupy free of rent any premises as a place of evidence or otherwise.
(6) This section shall not apply to a private company, unless it is a subsidiary of a public company.
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1. Subs. by Act 65 of 1960, sec. 57, for sub-section (1) (w.e.f. 28-12-1960).
2. The words “managing agent, secretaries and treasurers or” omitted by Act 53 of 2000, sec. 90 (w.e.f. 13-12-2000).
3. Sub-section (2) omitted by Act 53 of 2000, sec. 90 (w.e.f. 13-12-2000).
4. Subs. by Act 65 of 1960, sec. 57, for “obtains anything” (w.e.f. 28-12-1960).
