Where a dividend has been declared by a company but has not been paid or the warrant in respect thereof has not been posted, within thirty days from the date of the declaration, to any shareholder entitled to the payment of the dividend, every director of the company shall, if he is knowingly a party to the default , be punishable with simple imprisionment for a term which may extend to three years and shall also be liable to a fine of one thousand rupees for every day during which such default continues and the company shall be liable to pay simple interest at the rate of eighteen percent per annum during the period for which such default continues.:
Provided that no offence shall be deemed to have been committed within the meaning of the foregoing provision in the following cases, namely:-
(a) where the dividend could not be paid by reason of the operation any law;
(b) where a shareholder has given directions to the company regard the payment of the dividend and those directions cannot be complied with;
(c) where there is a dispute regarding the right to receive the divide
(d) where the dividend has been lawfully adjusted by the company against any sum due to it from the shareholder; or
(e) where, for any other reason, the failure to pay the dividend or to post the the warrant within the period aforesaid was not due to any default the part of the company.