Section 3 in The Companies (passing of the resolution by postal ballot) Rules, 2011
3. Notice. - (a) The company may issue notices either,-
(i)under Registered Post Acknowledgement Due; or(ii)through any other secured mode of posting provided by Department of Post; or(iii)through electronic mail provided the company has obtained email address of its member for sending the notices through e-mail, after giving an advance opportunity to the member to register his email address and changes therein from time to time with the concerned depository; and(b)The notice shall clearly mention that whether the company is providing voting through postal ballot or by electronic mode. If the company is opting for providing voting by electronic mode, then the notice shall clearly indicate the process and manner for voting by electronic mode provided by the agency.(c)The company shall cause an advertisement to be 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 dispatched the ballot papers duly specifying therein, inter alia, the following matters:(i)The date of completion of despatch of notices;(ii)The date of commencement of voting through postal ballot or by electronic mode;(iii)The date of end of voting through postal ballot or by electronic mode;(iv)The notice shall further state that any postal ballot received from member beyond the said date will not be valid.(v)That members, who have not received postal ballot forms may apply to the Company and obtain a duplicate thereof.
