Comment on the following referring to the provisions of the Companies Act, 2013: Failure to distribute dividend always attracts punishment.

Section 127 of Companies Act, 2013 provides that, when a dividend has been declared by a company but has not been paid or the warrant in respect thereof has not been posted within thirty days from the date of declaration to any shareholder entitled to the payment of the dividend, every director of the company shall, if he is knowingly a party to the default, be punishable with imprisonment which may extend to two years and with fine which shall not be less than one thousand rupees for every day during which such default continues and the company shall be liable to pay simple interest at the rate of eighteen per cent. per annum during the period for which such default continues. Exceptions: Proviso to section 127 has provided a list where no offence under this section shall be deemed to have been committed:- where the dividend could not be paid by reason of the operation of any law; where a shareholder has given directions to the company regarding the payment of the dividend and those directions cannot be complied with and the same has been communicated to him; where there is a dispute regarding the right to receive the dividend; where the dividend has been lawfully adjusted by the company against any sum due to it from the shareholder; or where, for any other reason, the failure to pay the dividend or to post the warrant within the period under this section was not due to any default on the part of the company. In case of a Nidhi Company, section 127 applies with the modification that where the dividend payable is less than ₹100 or less, it is sufficient, if declaration of dividend is announced in local language and the same is displayed in the notice board of the company for 3 months. Hence, the statement is correct, failure to distribute dividend always attracts punishment but subject to the exceptions under which the non- distribution of dividend shall not attract penalties.