64. (1) Where— (a) a company alters its share capital in any manner specified in sub-section (1) of section 61; (b) an order made by the Government under sub-section (4) read with sub-section (6) of section 62 has the effect of increasing authorised capital of a company; or (c) a company redeems any redeemable preference shares, the company shall file a notice in the prescribed form with the Registrar within a period of thirty days of such alteration or increase or redemption, as the case may be, along with an altered memorandum. 3[2[1[(2) Where any company fails to comply with the provisions of sub-section (1), such company and every officer who is in default shall be liable to a penalty of 4[five thousand rupees] for each day during which such default continues, 5[subject to a maximum of five lakh rupees in case of a company and one lakh rupees in case of an officer who is in default.]]]] Amendments- 1. Substituted by the Companies (Amendment) Ordinance,2018 dated 02.11.2018 In section 64 of the principal Act, for sub-section (2) If a company and any officer of the company who is in default contravenes the provisions of sub-section (1), it or he shall be punishable with fine which may extend to one thousand rupees for each day during which such default continues, or five lakh rupees, whichever is less. the following sub-section shall be substituted, namely: "Where any company fails to comply with the provisions of sub-section (1), such company and every officer who is in default shall be liable to a penalty of one thousand rupees for each day during which such default continues, or five lakh rupees whichever is less." 2.Substituted by the Companies (Amendment) Ordinance,2019 dated 14.01.2019 [Companies (Amendment) Ordinance 2018 is repealed on 12th January 2019] 3.Substituted by the Companies (Amendment) Act,2019 -:Effective From 02nd November 2018 [Companies (Amendment) Second Ordinance 2019 is repealed on 31st July 2019] 4. Substituted by the Companies (Amendment) Act, 2020. Notification dated 28th September, 2020 Amendment Effective from 21st December 2020 in sub-section (2) for the words, one thousand rupees the following shall be substituted namely, five hundred rupees. 5. Substituted by the Companies (Amendment) Act, 2020. Notification dated 28th September, 2020 Amendment Effective from 21st December 2020 in sub-section (2) for the words, or five lakh rupees whichever is less the following shall be substituted namely, subject to a maximum of five lakh rupees in case of a company and one lakh rupees in case of an officer who is in default. |