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The Companies Act, 2013

Chapter VII - Management And Administration (88-122)

Section 106- Restriction on voting rights.

[Notification/Effective Date:12-09-2013]

Section 106 shall apply to a private company unless otherwise specified in respective sections or the articles of the company provide otherwise- Notification F No 1/ 1/2014- CL.V dated 05.06.2015.

Section 106 shall apply to the  Specified IFSC public company, unless otherwise specified in the articles of the company. -Notification G.S.R. 08(E) dated 04.01.2017

Section 106- Restriction on voting rights. [Corresponds to Section 181 to 183 of the Companies Act, 1956];  

(1) Notwithstanding anything contained in this Act, the articles of a company may provide that no member shall exercise any voting right in respect of any shares registered in his name on which any calls or other sums presently payable by him have not been paid, or in regard to which the company has exercised any right of lien.

(2) A company shall not, except on the grounds specified in sub-section (1), prohibit any member from exercising his voting right on any other ground.

(3) On a poll taken at a meeting of a company, a member entitled to more than one vote, or his proxy, where allowed, or other person entitled to vote for him, as the case may be, need not, if he votes, use all his votes or cast in the same way all the votes he uses.