law: Companies (Amendment) Act, 2000
  80.
  
  Insertion of new section 192A.-
  After
  
  section 192 of the principal Act, the following section shall be inserted
  
  namely:-
  "192A.
  
  Passing of resolutions of Postal ballot.-
  (1)
  
  Notwithstanding anything contained in the foregoing provisions of this Act, a
  
  listed public company may, and in the case of resolutions relating to such
  
  business as the Central Government may, by notifi ation, declare to be
  
  conducted only by postal ballot, shall, get any resolution passed by means of a
  
  postal ballot, instead of transacting the business in general meeting of the
  
  company.
  (2)
  
  Where a company decides to pass any resolution by resorting to postal ballot,
  
  it shall send a notice to all the shareholders, along with a draft resolution
  
  explaining the reasons therefor, and requesting them to send their assent or
  
  dissent in writin on a postal ballot within a period of thirty days from the
  
  date of posting of the letter.
  (3)
  
  The notice shall be sent by registered post acknowledgement due, or by any
  
  other method as may be prescribed by the Central Government in this behalf, and
  
  shall include with the notice, a postage pre-paid envelope for facilitating the
  
  communication o the assent or dissent of the shareholder to the resolution
  
  within the said period.
  (4)
  
  If a resolution is assented to by a 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.
  (5)
  
  If a shareholder sends under sub-section (2) his assent or dissent in writing
  
  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 punishabl 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.