Section 104: Chairman of meetings
This section is for determining how the Chairman of a company meeting is elected.
The section, clause by clause
What the section says
In plain terms
(1)Unless the articles of the company otherwise provide, the members personally present at the meeting shall elect one of themselves to be the Chairman thereof on a show of hands.
The members present at the meeting will choose one of themselves to be the Chairman by a show of hands, unless the company's articles say otherwise.
(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 and the Chairman elected on a show of hands under sub-section (1) shall continue to be the Chairman of the meeting until some other person is elected as Chairman as a result of the poll, and such other person shall be the Chairman for the rest of the meeting.
If a poll is demanded for the election of the Chairman, it will be taken immediately and the Chairman chosen by show of hands will remain in charge until someone else is elected through the poll, who will then be the Chairman for the rest of the meeting.
The right-hand column is written from the section text, not quoted from it, and it has no legal force. Where the two differ, the left-hand column is the law.
Amendment notes
- 1. Subs. by Act 22 of 2019, s. 16, for sub-section (5) (w.e.f. 2-11-2018).
Referred to by
Search the whole Act, or ask it a question, in the interactive browser.
Reproduced from the official India Code print for reference. Check the current text on India Code before you rely on it, and read the section alongside its Rules. Nothing here is legal advice.