Right of member to copies of balance sheet and auditors' report.

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.... notices of general meetings of the company sent to him, and to all persons other than such members or trustees, being persons so entitled:]      Provided that___           (a) in the case of a company not having a share capital, this sub-section shall not require the sending of a copy of the documents aforesaid to a member, or holder of debentures, of the company who is not entitled to have notices of general meetings of the company sent to him;           (b) this sub-section shall not require a copy of the documents aforesaid to be sent                (i) to....

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.... of the meeting, they shall, notwithstanding that fact, be deemed to have been duly sent if it is so agreed by all the members entitled to vote at the meeting; [5][(2) Any member or holder of debentures of a company and any person from whom the company has accepted a sum of money by way of deposit shall, on demand, be entitled to be furnished free of cost, with a copy of the last balance sheet of the company and of every document required by law to be annexed or attached thereto, including the profit and loss account and the auditors' report.] (3) If default is made in complying with sub-section (1), the company, and every officer of the company who is in default, shall be punishable with fine which may extend to [6][five thousand rupees]....

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.... of the company sent to him, and to all persons other than such members, holders or trustees, being persons so entitled." [2] The word "or" omitted by the Companies (Amendment) Act 1988, section 31, w.e.f. 17-4-1989. [3] The word "and" omitted by the Companies (Amendment) Act 1988, section 31, w.e.f. 17-4-1989. [4] Inserted by the Companies (Amendment) Act, 1988, section 31, w.e.f. 17-4-1989. [5] Substituted by the Companies (Amendment) Act, 1988, section 31, w.e.f. 17-4-1989 for sub-section (2) which read as follows: "(2) Any member or holder of debentures of a company, whether he is or is not entitled to have copies of the company's balance sheet sent to him shall, on demand, be entitled to be furnished without charge, and any person....