Mamta is a women director in ABC Ltd. a listed company. On 15 th July, 2023 she resigned from the post of women director. The Board of Directors of ABC Ltd., appointed Sanchi as a women director in the board meeting held

As per second proviso to section 149(1) read with Rule 3 of the Companies (Appointment and Qualification of Directors) Rules, 2014, any vacancy in the office of women director shall be filled by the board at the earliest but not later than- Immediately in the next board meeting; or 3 months from the date of such vacancy Whichever is later. In the given case, vacancy in the office of women director arose on 15 th July, 2023 and vacancy was filled by the Board in the board meeting held on 16 th September, 2023. The period of three months will expire on 15 th October, 2023. The Board has filled the vacancy well before the expiry of three months i.e., 15 th October, 2023. Thus, appointment of Sanchi as a women director is as per the provision of the Companies Act, 2013. If, Sanchi is appointed as a women director in the board meeting held on 1 st October, 2023, then also her appointment is within the provisions of the Companies Act, 2023, as her appointment is before the expiry of 3 months i.e., 15 th October, 2023.