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TMI BlogForm in which sections 171-186 of the Act are to apply with respect to meetings of any class of debenture-holders of the companyX X X X Extracts X X X X X X X X Extracts X X X X ..... e-holder of that class in any manner authorised by sub-sections (1) to (4) of section 53 in the case of any member or members of the company; (ii) to the persons entitled to a debenture of that class in consequence of the death or insolvency of a debenture-holder, by sending it through the post in a prepaid letter addressed to them by name, or by the title or representatives of the deceased, or assignees of the insolvent or by any like description at the address, if any, in India supplied for the purpose by the persons claiming to be so entitled or until such an address has been so supplied, by giving the notice in any manner in which it might have been given if the death or insolvency had not occurred; and (iii) to the auditor or auditors for the time being of the company in any manner authorised by section 53 in the case of any member or members of the company: [1] [Provided that where the notice of a meeting is given by advertising the same in a newspaper circulating in the neighbourhood of the registered office of the company under sub-section (3) of section 53, the statement of material facts referred to in section 173 need not be annexed to the notice as required by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the meeting shall elect one of themselves to be the chairman thereof on a show of hands. (2) If a poll is demanded on the election of the chairman, it shall be taken forthwith in accordance with the provisions of this Act, the chairman elected on a show of hands exercising all the powers of the chairman under the said provisions. (3) If some other person is elected chairman as a result of the poll, he shall be the chairman for the rest of the meeting. Proxies. (1) Any debenture-holder entitled to attend and vote at the meeting shall be entitled to appoint another person (whether a debenture-holder of that class or not) as his proxy to attend and vote instead of himself: Provided that, unless the articles otherwise provide, a proxy shall not be entitled to vote except on a poll. (2) In every notice calling a meeting of the debenture-holders of a company the articles of which provide for voting by proxy at the meeting, there shall appear with reasonable prominence a statement that a debenture-holder entitled to attend and vote is entitled to appoint a proxy, or, where that is allowed, one or more proxies, to attend and vote instead of himself, and that a proxy need n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he commencement of the meeting and ending with the conclusion of the meeting to inspect the proxies lodged, at any time during the business hours of the company provided not less than three days' notice in writing of the intention so to inspect is given to the company. Voting to be by show of hands in the first instance. At any meeting a resolution put to the vote of the meeting shall, unless a poll is demanded under section 179, be decided on a show of hands. Chairman's declaration of result of voting on show of hands to be conclusive. A declaration by the chairman in pursuance of section 177 that on a show of hands, a resolution has or has not been carried, or has or has not been carried either unanimously or by a particular majority, and an entry to that effect in the books, containing the minutes of the proceedings of the meeting, shall be conclusive evidence of the fact, without proof of the number or proportion of the votes cast in favour of or against such resolution. Demand for poll. (1) Before or on the declaration of the result of the voting on any resolution on a show of hands, a poll may be ordered to be taken by the chairman of the meeting on his own motion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecision of the meeting on the resolution on which the poll was taken. Power of [Company Law Board] to order meeting to be called. (1) If for any reason it is impracticable to call a meeting in any manner in which it may be called, or to hold or conduct the meeting in the manner prescribed by this Act or the articles, the [5] [Company Law Board] may, either of its own motion or on the application of any director of the company or of any debenture-holder of the company who would be entitled to vote at the meeting (a) order a meeting to be called, held and conducted in such manner as the [6] [Company Law Board] thinks fit; and (b) give such ancillary or consequential directions as the [7] [Company Law Board] thinks expedient, including directions modifying or supplementing in relation to the calling, holding and conducting of the meeting, the operation of the provisions of this Act and of the company's Articles. Explanation . The directions that may be given under this sub-section may include a direction that one debenture-holder of that class present in person or by proxy shall be deemed to constitute a meeting. (2) Any meeting called, held and cond ..... X X X X Extracts X X X X X X X X Extracts X X X X
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