Section 192A of the Companies Act, 1956 provides for passing certain resolutions by postal ballot. The Companies (Passing of the Resolution by Postal Ballot) Rules, 2001 were issued by Notification No. 337(E) dated 10-5-2001 (31 SCL 31). The postal ballot rules are applicable to a listed public company and to any resolution related to the following businesses which can be otherwise transacted in a general meeting of a company:

1)     Alteration of object clause of Memorandum.

2)     Alteration of Articles for insertion of provision defining private company.

3)     Buy-back of own shares by a company [section 77A(1)].

4)     Issue of shares with differential voting rights as to voting or dividend or otherwise [section 86(a)(ii)] 

5)     Change in place of registered office outside local limits [section 146(2)]

6)     Sale of whole or substantially the whole of an undertaking of a company [section 293(1)(a)]

7)     Giving loans or extending guarantee or providing security in excess of limits [section 372A(1)]

8)     Election of directors [section 252(1)(proviso)]

9)     Variation in rights attached to a class of shares/debentures or other securities [section 106].

To enable wider participation of share holders in important proposals, it has been decided to mandate the listed companies to enable e-voting facility also to their share holders, in respect of those businesses which are transacted through postal ballot by the listed companies. Currently this requirement shall be applicable to top 500 listed entities at BSE and NSE, chosen based on market capitalisation computed as on the date of SEBI Circular   CIR/CFD/DIL/6/2012 i.e. 13th July, 2012. Accordingly the Equity Listing Agreement has been amended by insertion of new Clause 35B.

This amendment shall be applicable for the share holders' meetings, for which notices are issued on or after October 1, 2012.