(1) Where an order made under section 397 or 398 terminates, sets aside, or modifies an agreement such as is referred to in clause (d) or (e) of section 402, -

(a) the order shall not give rise to any claim whatever against the company by any person for damages or for compensation for loss of office or in any other respect, either in pursuance of the agreement or otherwise ;

(b) no managing or other director or manager whose agreement is so terminated or set aside shall, for a period of five years from the date of the order terminating or setting aside the agreement, without the leave of the Tribunal be appointed, or act, as the managing or other director or manager of the company.

(2) (a) Any person who knowingly acts as a managing or other director or manager of a company in contravention of clause (b) of sub-section (1) ;

(b) Omitted by the Companies (Amendment) Act, 1988 w.e.f. 31-5-1991.

(c) every other director or every director, as the case may be, of the company, who is knowingly a party to such contravention ; shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to fifty thousand rupees, or with both.

(3) No leave shall be granted] under clause (b) of sub-section (1) unless notice of the intention to apply for leave has been served on the Central Government and that Government has been given an opportunity of being heard in the matter.