16.4 Notice
16.4.1 Notice of the postal ballot shall be given in writing to every Member of the company. Such Notice shall be sent either by registered post or speed post, or by courier or by e-mail or by any other electronic means at the address registered with the company. The Notice shall be accompanied by the postal ballot form with the necessary instructions for filling, signing and returning the same.
In case the Notice and accompanying documents are sent to Members by e-mail, these shall be sent to the Members’ e-mail addresses, registered with the company or provided by the depository, in the manner prescribed under the Act.
Such Notice shall also be given to the Directors and Auditors of the company, to the Secretarial Auditor, to Debenture Trustees, if any, and, wherever applicable or so required, to other specified recipients.
An advertisement containing prescribed details 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 Notice and the ballot papers.
16.4.2 In case of companies having a website, Notice of the postal ballot shall also be placed on the website.
Such Notice shall remain on the website till the last date for receipt of the postal ballot forms from the Members.
16.4.3 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 shall also specify the mode of declaration of the results of the voting by postal ballot.
16.4.4 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.
In case the facility of e-voting has been made available, the provisions relating to conduct of e-voting shall apply,mutatis mutandis, as far as applicable.
Notice shall describe clearly the e-voting procedure.
Notice shall also clearly specify the date and time of commencement and end of e-voting, if any and contain a statement that voting shall not be allowed beyond the said date and time. Notice shall also contain contact details of the official responsible to address the grievances connected with the e-voting for postal ballot.
Notice shall clearly specify that any Member cannot vote both by post and e-voting and if he votes both by post and e-voting, his vote by post shall be treated as invalid.
The advertisement shall, inter alia, state the following matters:
(a) a statement to the effect that the business is to be transacted by postal ballot which may include voting by electronic means;
(b) the date of completion of dispatch of Notices;
(c) the date of commencement of voting ( postal and e-voting);
(d) the date of end of voting ( postal and e-voting);
(e) the statement that any postal ballot form received from the Member after thirty days from the date of dispatch of Notice will not be valid;
(f) a statement to the effect that Member who has not received postal ballot form may apply to the company and obtain a duplicate thereof;
(g) contact details of the person responsible to address the queries/grievances connected with the voting by postal ballot including voting by electronic means, if any; and
(h) day, date, time and venue of declaration of results and the link of the website where such results will be displayed.
Notice and the advertisement shall clearly mention the record date as on which the right of voting of the Members shall be reckoned and state that a person who is not a Member as on the record date should treat this Notice for information purposes only.
16.4.5 Each item proposed to be passed through postal mballot 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.