Liability of manager of a company
35. (1) Every person being a manager at any time during the
financial year shall be jointly and severally liable for the payment of
any amount due under this Act in respect of the company for the
financial year, if the amount cannot be recovered from the company.
(2) The provisions of sub-section (1)
shall not apply, if the manager proves that non-recovery cannot be
attributed to any neglect, misfeasance or breach of duty on his part in
relation to the affairs of the company.
(3)
The provisions of this section shall prevail over anything to the
contrary contained in the Companies Act, 2013 (18 of 2013).
(4)
In this section, "manager" shall include a managing director and both
shall have the meaning respectively assigned to them in clause (53) and clause (54) of section 2 of the Companies Act, 2013 (18 of 2013).
