(4)(a)If the place of the retiring Director is not so filled up and the meeting has not expressly resolved not to fill the vacancy, the meeting shall stand adjourned till the same day in the next week, at the same time and place, or if that day is a public holiday, till the next succeeding day which is not a public holiday, at the same time and place.(b)If at the adjourned meeting also, the place of the retiring Director is not filled up and that meeting also has not expressly resolved not to fill the vacancy, the retiring Director shall be deemed to have been reappointed at the adjourned meeting, unless-(i)at that meeting or at the previous meeting a resolution for the reappointment of such Director has been put to the meeting and lost;(ii)the retiring Director has, by a notice in writing addressed to the company or its Board of Directors, expressed his unwillingness to be so reappointed;(iii)he is not qualified or is disqualified for appointment;(iv)a resolution, whether special or ordinary, is required for his appointment or reappointment in virtue of any provisions of this Act; or(v)the proviso to sub-section (2) of section 263 [* * *] is applicable to the case.[* * *] [ Sub-Section (5) omitted by Act 31 of 1965, Section 30 (w.e.f. 15.10.1965).][ Explanation .-In this section and in section 257, the expression "retiring Director" means a Director retiring by rotation.] [ Inserted by Act 65 of 1960, Section 84 (w.e.f. 15.6.1988).]
