Bare Act Search Results

Companies (Passing of Resolution by Postal Ballot) Rules, 2001 Complete Act

State: Central

Year: 2001

.....Articles of Associations in relation to deletion or insertion of provisions defining company; (c) buy-back of own shares by the company under sub-section (1) of section 77A; (d) issue of shares with differential voting rights as to voting or dividend or otherwise under sub-clause (ii) of clause (a) section 86; (e) change in place or Registered Office out side local limits of any city, town or village as specified in sub-section (2) of section 146; (f) sale of whole or substantially the whole of undertaking of a company as specified under sub-clause (a) of sub-section (1) of section 293; (g) giving loans or extending guarantee or providing security in excess of the limit prescribed under sub-section (1) of section 372A; (h) election of a director under sub-section (1) of section 252; (i) power to compromise or make arrangements with creditors and members as specified under sub-section (2) of section 391; (j) variation in the rights attached to a class of shares or debentures or other securities as specified under section 106. 5. Procedure to be followed for conducting business through Postal Ballot .- (a) The company may make a note below the notice of General.....

Companies Act, 1956 Section 192A

Title: Passing of Resolutions by Postal Ballot

State: Central

Year: 1956

.....on a postal ballot and thereafter any person fraudulently defaces or destroys the ballot paper or declaration of identity of the shareholder, such person shall be punishable with imprisonment for a term which may extend to six months or with fine or with both. (6) If a default is made in complying with sub-sections (1) to (4), the company and every officer of the company, who is in default shall be punishable with fine which may extend to fifty thousand rupees in respect of each such default. Explanation. -For the purposes of this section, "postal ballot includes voting by electronic mode.] ______________________ 1. Inserted by Act 53 of 2000, Section 80 (w.e.f. 15-6-2000).

Companies Act, 2013, Section 110

Title: Postal Ballot

State: Central

Year: 2013

(1) Notwithstanding anything contained in this Act, a company-- (a) shall, in respect of such items of business as the Central Government may, by notification, declare to be transacted only by means of postal ballot; and (b) may, in respect of any item of business, other than ordinary business and any business in respect of which directors or auditors have a right to be heard at any meeting, transact by means of postal ballot, in such manner as may be prescribed, instead of transacting such business at a general meeting. (2) If a resolution is assented to by the requisite majority of the shareholders by means of postal ballot, it shall be deemed to have been duly passed at a general meeting convened in that behalf.

Companies Act, 2013, Section 118

Title: Minutes of Proceedings of General Meeting, Meeting of Board of Directors and Other Meeting and Resolutions Passed by Postal Ballot

State: Central

Year: 2013

.....at the expense of the company, unless it includes the matters required by this section to be contained in the minutes of the proceedings of such meeting. (10) Every company shall observe secretarial standards with respect to general and Board meetings specified by the Institute of Company Secretaries of India constituted under section 3 of the Company Secretaries Act, 1980 (56 of 1980), and approved as such by the Central Government. (11) If any default is made in complying with the provisions of this section in respect of any meeting, the company shall be liable to a penalty of twenty-five thousand rupees and every officer of the company who is in default shall be liable to a penalty of five thousand rupees. (12) If a person is found guilty of tampering with the minutes of the proceedings of meeting, he shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees.

Representation of the People Act, 1951 Section 58

Title: Fresh Poll in the Case of Destruction, Etc., of Ballot Boxes

State: Central

Year: 1951

.....station or place and notify the day so appointed and the hours so fixed in such manner as it may deem fit, or (b) if satisfied that the result of a fresh poll at that polling station or place will not in anyway, affect the result of the election or that2[the mechanical failure of the voting machine or] the error or irregularity in procedure is not material, issue such directions to the returning officer as it may deem proper for the further conduct and completion of the election. (3) The provisions of this Act and of any rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll.] ______________________ 1. Substituted by Act 40 of 1961, Section 13, for section 58 w.e.f. 20-9-1961. 2. Inserted by Act 1 of 1989, Section 9 w.e.f. 15-3-1989.

Representation of the People Act, 1951 Section 64A

Title: Destruction, Loss, Etc., of Ballot Papers at the Time of Counting

State: Central

Year: 1951

.....hours, for taking a fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit, or (b) if satisfied that the result of a fresh poll at that polling station or place will not in any way, affect the result of the election, issue such directions to the returning officer as it may deem proper for the resumption and completion of the counting and for the further conduct and completion of the election in relation to which the votes have been counted. (3) The provisions of this Act and of any rules or orders made thereunder shall apply to every such fresh poll as the apply to the original poll.] _____________________________ 1. Inserted by Act 47 of 1966, Section 34, w..e.f. 14-12-1966.

Representation of the People Act, 1951 Section 135

Title: Removal of Ballot Papers from Polling Station to Be an Offence

State: Central

Year: 1951

.....station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer: Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency. (3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in safe custody. (4) An offence punishable under sub-section (1) shall be cognizable. ______________________ 1. Substituted by Act 21 of 1996, Section 14 w.e.f. 1-8-1996.

Karnataka Municipal Corporations Act, 1976 Section 52

Title: Removal of Ballot Papers from Polling Station to Be an Offence

State: Karnataka

Year: 1976

(1) Any person who at any election fraudulently takes or attempts to take a ballot paper out of a polling station or wilfully aids or abets the doing of any such act shall, on conviction, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both. (2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer: Provided that when it is necessary to cause a women to be searched, the search shall be made by another woman with strict regard to decency. (3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in safe custody. (4) An offence punishable under sub-section (1) shall be cognizable.

Karnataka Panchayat Raj Act, 1993 Section 32

Title: Removal of Ballot Papers from Polling Stations to Be an Offence

State: Karnataka

Year: 1993

(1) Any person who at any election fraudulently takes, or attempts to take, a ballot paper out of a polling station or willfully aids or abets the doing of such act, shall, on conviction, be punished with imprisonment for a term which mat extend to one year or with fine or with both. (2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer: Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency. (3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer , shall be kept by such officer in safe custody. (4) An offence punishable under sub-section (1) shall be cognizable.

Karnataka Co-operative Societies Act, 1959 Section 39J

Title: Removal of Ballot Papers from Polling Station to Be an Offence

State: Karnataka

Year: 1959

(1) Any person who at any election fraudulently takes or attempts to take a ballot paper out of a polling station, or willfully aids or abets the doing of any such act, shall on conviction be punished with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both. (2) If the Presiding Officer of a polling station has reason to believe thatany person is committing or has committed an offence punishable under sub-section (1) such officer may, before such person leaves the polling station arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer: Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency. (3) Any ballot paper found upon the person arrested on search shall bemade over for safe custody to the police officer by the presiding officer or when the search is made by police officer, shall be kept by such officer in safe custody. (4) An offence punishable under sub-section (1) shall be cognizable.