Section 581X(3) in The Companies (Amendment) Act, 2002
(3)If a Producer Company fails to comply with the provisions of sub- section (1), the company and every officer of the company who is in default, shall be punishable with fine which may extend to five hundred rupees for every day during which the default continues: Provided that in any proceedings against a person in respect of an offence under this sub- section, it shall be a defence to prove that all reasonable efforts to comply with the provisions of sub- section (1) were taken or that the financial position of th company was such that it was beyond its capacity to engage a whole- time secretary.
