Notwithstanding anything contained in this Chapter, ²*** a company may, while according its approval under section 196, to any appointment or to any remuneration under section 197 in respect of cases where the company has inadequate or no profits, fix the remuneration within the limits specified in this Act, at such amount or percentage of profits of the company, as it may deem fit and while fixing the remuneration, ¹*** the company shall have regard to—

(a) the financial position of the company;

(b) the remuneration or commission drawn by the individual concerned in any other capacity;

(c) the remuneration or commission drawn by him from any other company;

(d) professional qualifications and experience of the individual concerned;

(e) such other matters as may be prescribed.


1. The words "which begins at or after the commencement of this Act " omitted by Act 1 of 2018, s. 68 (w.e.f. 12-9-2018).
2. The words "the Central Government or " omitted s. 69, ibid., (w.e.f. 12-9-2018).