185.
| (1) A company may by ordinary resolution remove a director before the expiration of his period of office notwithstanding anything in its articles or any agreement between the company and him : |
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| (2) Special notice shall be required of any resolution to remove a director under the provisions of this section or to appoint somebody instead of a director so removed at the meeting at which he is removed, and on receipt of notice of an intended resolution to remove a director under the provisions of this section, the company shall forthwith send a copy thereof to the director concerned, and the director (whether or not he is a member of the company) .shall be entitled to be heard on the resolution at the meeting. |
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| (3) Where notice is given of an intended resolution to remove a director under the provisions of this section and the director concerned makes with respect thereto representations to the company in writing (not exceeding a reasonable length) and requests their notification to members, of the company, the company shall, unless the representations are received within a period of fourteen days from the date of the notice, send a copy of the representations to every member of the company to whom notice of the 'meeting is sent (whether before or after receipt of the representations by the company), and where a copy of the representations is not sent because of the company's default, or because such representations were received after the expiry of such period, the director may (without prejudice to his right to be heard orally) require that the representations shall be read out at the meeting: |
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| (4) Any vacancy created by the removal of a director under the provisions of this section, if not filled at the meeting at which he is removed, may be filled as, a casual vacancy. |
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| (5) Any person appointed director in place of a person removed under the provisions of this section shall, for the purposes of determining the time at which he or any other director is to retire, be treated as if such person had become director on the day on which the person in whose place he is appointed was last appointed a director. |
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| (6) Nothing in this section shall be taken as depriving a person removed thereunder of compensation or damages payable to him in respect of the termination of his appointment as director or of any appointment terminating with that as director or as derogating from any power to remove a director which may exist apart from the provisions of this section. |
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Sri Lanka Consolidated Acts