PUBLISHED IN GAZETTE OF INDIA EXTRAORDINARY PART II

SECTION 3 SUB-SECTION (i) DATED 11 OCTOBER 2001

 

Government of India

Ministry of Law, Justice and Company Affairs

(Department of Company Affairs)

 

New Delhi, the 11^th  October, 2001

 

NOTIFICATION

 

   G.S.R. 773(E).- In exercise of the powers conferred by section 192A read with clauses (a) and (b) of sub-section (1) of section 642 of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following rules to amend the Companies (passing of the resolution by postal ballot) Rules, 2001 namely:-

 

1.          (1) These rules shall be called the Companies (passing of the resolution by postal ballot) Amendment Rules, 2001.

 

    (2) They shall come into force on the date of their publication in 

       the Official Gazette.

 

2.                   In the Companies (passing of the resolution by postal ballot) Rules, 2001, (hereinafter referred to as the principal rules),-

 

(i) after rule 2, the following rule shall be inserted, namely:-

 

          "2A. Method for sending notice,-

(a) The company may issue notices either,-

 

     (i) under Registered Post Acknowledgement Due; or

 

     (ii) under certificate of posting; and

 

(b) with an advertisement  published in a leading English Newspaper and in one vernacular Newspaper circulating in the State in which the registered office of the company is situated,  about having despatched the ballot papers."

 

3.    In the principal rules, in rule 4, -

 

(i)  in the opening line,  for the words "may be", the words "shall be" shall be substituted;

 

         (ii)   in item (b), the words "deletion or" shall be omitted;

 

          (iii) for item (h), the following item shall be substituted,

               namely:-

 

          "(h) election of a director under proviso to sub-section 

                (1) of  section 252 of the  Act" ;

             

          (iv) item (i)  shall be omitted.

 

4.   In the principal rules in rule 5,-

 

         (i) for item (c), the following item shall be substituted, namely:-

 

                   "(c) The scrutinizer shall submit his report as soon as possible after the last date of receipt of Postal Ballots.";

 

         (ii) for item (f), the following item shall be substituted, namely:-

 

                   "(f) The consent or otherwise received after thirty days

                          from the date of issue of notice shall be  treated as if

                          reply from the member has not been received."

 

 

 

[F.No.1/15/2000-CL.V]

 

 

 

 

(A. Ramaswamy)

Joint Secretary

 

 

Note:- The principal rules were published in the Gazette of India vide number G.S.R. 337 (E) dated 10.5.2001.