SR.NO

COMPLIANCES

STATUS

Notice shall specify the day, date, time and venue where the results of the voting by postal ballot will be announced and the link of the website where such results will be displayed. 

Notice of the postal ballot shall inform the Members about availability of e-voting facility, if any, and provide necessary information thereof to enable them to access such facility. 

Every company having its equity shares listed on a recognized stock exchange other than companies whose equity shares are listed on SME Exchange or on the Institutional Trading Platform and other companies which are required to provide e-voting facility

Ordinary Business shall not be transacted by means of a postal ballot.

The Board shall

1. 1. identify the businesses to be transacted through postal ballot
   2. approve the Notice of postal ballot incorporating proposed Resolution(s) and explanatory statement thereto
   3. authorize the Company Secretary or where there is no Company Secretary, any Director of the company to conduct postal ballot process and sign and send the Notice along with other documents
   4. appoint one scrutinizer for the postal ballot
   5. appoint an Agency in respect of e-voting for the postal ballot
   6. decide the cut-off date for reckoning Voting Rights and ascertaining those Members to whom the Notice and postal ballot forms shall be sent. 

An advertisement shall be published at least once in a vernacular newspaper in the principal vernacular language of the district in which the Registered Office of the Company is situated, and having a wide circulation in that district, and at least once in English language in an English newspaper having a wide circulation in that district, about having dispatched the ballot papers and specifying therein the following matters, namely

• - a statement to the effect that the business is to be transacted by Postal Ballot which includes voting by electronic means
• - the date of completion of dispatch of notices
• - the date of commencement of voting (postal and e-voting)
• - the date of end of voting (postal and e-voting)
• - the statement that any Postal Ballot received from the member beyond the said date will not be valid and voting whether by post or by electronic means shall not be allowed beyond the said date
• - a statement to the effect that members, who have not received Postal Ballot forms may apply to the company and obtain a duplicate thereof
• - contact details of the person responsible to address the grievances connected with the voting by Postal Ballot including voting by electronic means
• - day, date, time and venue of declaration of results and the link of the website where such results will be displayed.

Each item proposed to be passed through postal ballot shall be in the form of a Resolution and shall be accompanied by an explanatory statement which shall set out all such facts as would enable a Member to understand the meaning, scope and implications of the item of business and to take a decision thereon.

The notice of the Postal Ballot shall also be placed on the website of the Company forthwith after the notice is sent to the members and such notice shall remain on such website till the last date for receipt of the Postal Ballots from the members.

The postal ballot form shall contain instructions as to the manner in which the form is to be completed, assent or dissent is to be recorded and its return to the scrutinizer..

Postal ballot received back from the shareholders shall be kept in the safe custody of the Scrutinizer and after the receipt of assent or dissent of the shareholder in writing on a Postal Ballot, no person shall deface or destroy the ballot paper or declare the identity of the shareholder. The Scrutinizer shall submit his report as soon as possible after the last date of receipt of Postal Ballots but not later than seven days thereof. The assent or dissent received after thirty days from the date of issue of notice shall be treated as if reply from the member has not been received.

The scrutinizer shall maintain a register either manually or electronically to record their assent or dissent received, mentioning the particulars of name, address, folio number or client ID of the shareholder, number of shares held by them, nominal value of such shares, whether the shares have differential voting rights, if any, details of Postal Ballots which are received in defaced or mutilated form and Postal Ballot forms which are invalid.

The Postal Ballot and all other papers relating to Postal Ballot including voting by electronic means, shall be under the safe custody of the Scrutinizer till the Chairman considers, approves and signs the minutes and thereafter, the Scrutinizer shall return the Ballot Papers and other related papers or register to the Company.

Every Company shall preserve such Ballot Papers and other related papers or Register of assent or dissent safely.

The results shall be declared by placing it, along with the Scrutinizer’s Report, on the website of the Company.

ITEMS OF BUSINESS WHICH SHALL BE PASSED ONLY BY POSTAL BALLOT

1. Alteration of the objects clause of the Memorandum and in the case of the company in existence immediately before the commencement of the Act, alteration of the Main Objects of the Memorandum 

2. Alteration of Articles of Association in relation to insertion or removal of provisions which are required to be included in the Articles of a company in order to constitute it a private company 

3. Change in place of Registered Office outside the local limits of any city, town or village.

 4. Change in objects for which a company has raised money from public through prospectus and still has any unutilized amount out of the money so raised 

5. Issue of shares with differential rights as to voting or dividend or otherwise 

6. Variation in the rights attached to a class of shares or debentures or other securities 

7. Buy-back of shares by a company 

8. Appointment of a Director elected by Small Shareholders

9. Sale of the whole or substantially the whole of an undertaking of a company or where the company owns more than one undertaking, of whole or substantially the whole of any of such undertakings 

10. Giving loans or extending guarantee or providing security in excess of the limit specified 

11. Any other Resolution prescribed under any applicable law, rules or regulations.