Search Results on notification for query: "Company Secretaries Act,1980,17/11/2006"
Related Section(s)1[38A. Power of Central Government to make rules.-- (1) The Central Government may, by notification, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the manner of election and nomination in respect of members to the Council under sub-section (2) of section 9; (b) the terms and conditions of service of the Presiding Officer and Members of the Tribunal, place of meetings and allowances to be paid to them under sub-section (3) of section 10B; 2[(c) the form, manner and fee for filing an information or a complaint under sub-section (1), the manner of deciding a complaint or information as actionable or non-actionable under sub-section (2) and the procedure of investigation under sub-section (7), of section 21; (d) the procedure while considering the cases by the Boards of Discipline under sub-section (2) and time limit for payment of fine under sub-section (7), of section 21A; (da) the procedure while considering the cases by the Disciplinary Committees under sub-section (2) and time-limit for payment of fine under sub-section (7), of section 21B;] (e) the procedure to be followed by the Board in its meetings under section 29C; and (f) the terms and conditions of service of the Chairperson and members of the Board under sub-section (1) of section 29D.
1. Ins. by Act 8 of 2006, s. 29. (w.e.f. 8-8-2006).
2. Subs. by Act 12 of 2022, s. 103, for clauses (c) and (d) (w.e.f. 10-5-2022). 1[10B. Establishment of Tribunal.-- (1) On receipt of any application under section 10A, the Central Government shall, by notification, establish a Tribunal consisting of a Presiding Officer and two other
Members to decide such dispute and the decision of such Tribunal shall be final.
(2) A person shall not be qualified for appointment,-- (a) as a Presiding Officer of the Tribunal unless he has been a member of the Indian Legal Service and has held a post in Grade I of the service for at least three years; (b) as a Member unless he has been a member of the Council for at least one full term and who is not a sitting member of the Council or who has not been a candidate in the election under dispute; or (c) as a Member unless he holds the post of a Joint Secretary to the Government of India or any other post under the Central Government carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India. (3) The terms and conditions of service of the Presiding Officer and Members of the Tribunal, their place of meetings and allowances shall be such as may be specified. (4) The expenses of the Tribunal shall be borne by the Council.]
1. Ins. by Act 8 of 2006, s. 8. (w.e.f. 17-11-2006).
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Related Section(s)Notwithstanding anything contained in section 4, a person shall not be entitled to
have his name entered in, or borne on, the 1[Register of members]; if he--
(a) has not attained the age of twenty-one years at the time of his application for the entry of his name in the 1[Register of members]; or (b) is of unsound mind and stands so adjudged by a competent court; or (c) is an undercharged insolvent 2[or undischarged bankrupt]; or 2[(ca) is declared bankrupt under the Insolvency and Bankruptcy Code, 2016 (31 of 2016);] (d) being a discharged insolvent, has not obtained from the court a certificate stating that his insolvency was caused by misfortune without any misconduct on his part; or (e) has been convicted by a competent court, whether within or 3[outside India], of an offence involving moral turpitude and punishable with imprisonment or of an offence, not of a technical nature, committed by him in his professional capacity unless in respect of the offence committed he has either been granted a pardon or, on an application made by him in this behalf, the Central Government has, by an order in writing, removed the disability; or (f) has been removed from membership of the Institute on being found on inquiry to have been guilty of professional or other misconduct: Provided that a person who has been removed from membership for a specified period shall not be entitled to have his name entered in the 1[Register of members] until the expiry of such period.
1. Subs. by Act 12 of 2022, s. 78, for “Register” (w.e.f.10-5-2022).
2. Ins. by s. 78, ibid. (w.e.f. 10-5-2022). 3. Subs by s. 78, ibid., for “without India” (w.e.f. 10-5-2022). (1) The Council at its first meeting shall elect two of its members to be respectively the President and the Vice-President thereof, and so often as the office of the President or the Vice-President falls vacant, the Council shall choose a person to be the President or the
Vice-President, as the case may be:
1* * * * (2) The President shall be the 2[Head] of the Council. 3[(2A) The President shall preside at the meetings of the Council. (2B) The President and the Vice-President shall exercise such powers and perform such duties and functions as may be prescribed. (2C) It shall be the duty of the President to ensure that the decisions taken by the Council are implemented.] (3) The President or the Vice-President shall hold office for a period of one year from the date on which he is chosen but so as not to extend beyond his term of office as a member of the Council, and subject to his being a member of the Council at the relevant time, he shall be eligible for re-election 3[under sub-section (1).] 4[(4) On the expiration of the duration of the Council, or of the term of office of the President and the Vice-President thereof, the President and the Vice-President shall continue to hold office until such time as a new President and the Vice-President is elected and takes over charge of their duties.] (5) In the event of the occurrence of any vacancy in the office of the President, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this section to fill such vacancy enters upon his office and when the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties .
1. The proviso omitted by Act 12 of 2022, s. 80 (w.e.f. 10-5-2022).
2. Subs. by s. 9, ibid., for Chief Executive Authority (w.e.f. 8-8-2006). 3. Ins. by Act 12 of 2022, s. 80 (w.e.f. 10-5-2022). 4. Subs. by Act 8 of 2006, s. 9, for sub-section (4) (w.e.f. 8-8-2006). (1) Any member of the Council may at any time resign his membership by writing under his hand addressed to the President, and the seat of such member shall become vacant when such resignation is notified in the Official Gazette.
(2) A member of the Council shall be deemed to have vacated his seat if he is declared by the Council to have been absent without sufficient excuse from three consecutive meetings of the Council 1[ or he has been found guilty of any professional or other misconduct and awarded penalty of fine], or of any of the Committees which has been constituted by the Council and of which he is a member or if his name is, for any cause, removed from the 2[Register of members] under the provisions of section 20. (3) A casual vacancy in the office of a member of the Council shall be filled by fresh election from the constituency concerned or by nomination by the Central Government, as the case may be, and the person elected or nominated to fill the vacancy shall hold office until the dissolution of the Council: Provided that no election shall be held to fill a casual vacancy occurring within 3[one year] prior to the date of the expiration of the term of the Council, but such a vacancy may be filled by nomination by the Central Government after consultation with the President of the Council. (4) No act done by the Council shall be called in question on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Council.
1. Ins. by Act 8 of 2006, s. 10 (w.e.f. 17-11-2006).
2.Subs. by Act 12 of 2022, s. 81, for "Register" (w.e.f. 10-5-2022). 3. Subs. by Act 8 of 2006, s. 10, for six months (w.e.f. 17-11-2006) 1[15. Functions of Council.-- (1) The Institute shall function under the overall control, guidance and supervision of the Council and the duty of carrying out the provisions of this Act shall be vested in the Council.
(2) In particular, and without prejudice to the generality of the foregoing powers, the duties of the Council shall include (a) to approve academic courses and their contents; (b) the prescribing of fees for the examination of candidates for enrolment; (c) the prescribing of qualifications for entry in the 2[Register of members]; (d) the recognition of foreign qualifications and training for purposes of enrolment; (e) the prescribing of guidelines for granting or refusal of certificates of practice under this Act; 3[(ea) the granting or refusal, of registration of a firm;] (f) the levy of fees from members, examinees and other persons; (g) the regulation and maintenance of the status and standard of professional qualifications of members of the Institute; (h) the carrying out, by granting financial assistance to persons other than members of the Council or in any other manner, of research in such matters of interest to Company Secretaries as may be prescribed; (i) to enable functioning of the Director (Discipline), the Board of Discipline, the Disciplinary Committee and the Appellate Authority constituted under the provisions of this Act; (j) to enable functioning of the Quality Review Board; 3[(ja) to issue guidelines for the purpose of carrying out the objects of this Act; (jb) to conduct investor education and awareness programmes; (jc) to enter into any memorandum or arrangement with the prior approval of the Central Government, with any agency of any foreign country, for the purpose of performing its functions under this Act;] (k) consideration of the recommendations of the Quality Review Board made under clause (a) of section 29B and details of action taken thereon in its annual report; and (l) to ensure the functioning of the Institute in accordance with the provisions of this Act and in performance of other statutory duties as may be entrusted to the Institute from time to time.
1. Subs. by Act 8 of 2006, s. 12, for section 15 (w.e.f. 17-11-2006)
2. Subs. by Act 12 of 2022, s. 82, for "Register" (w.e.f. 10-5-2022). 3. Ins. by ,s. 82, ibid.,(w.e.f 10-5-2022). 1[16. Officers and employees, salary, allowances, etc.-- (1) For the efficient performance of its duties, the Council shall--
(a) appoint a Secretary of the Council to perform such duties as may be prescribed; (b) appoint a Director (Discipline) to perform such functions as assigned to him under this Act and the rules and regulations framed thereunder; (c) designate an officer of the Council or the Institute to carry out the administrative functions of the Institute as its chief executive. (2) The Council may also-- (a) appoint such other officers and employees to the Council and the Institute as it considers necessary; (b) require and take from the Secretary or from any other officer or employee of the Council and the Institute such security for the due performance of his duties, as the Council considers necessary; 2[(c) prescribe the manner of appointment, powers, duties and functions of the Secretary and other officers and employees, their salaries, fees, allowances and other terms and conditions of service;] (d) with the previous sanction of the Central Government, fix the allowances of the President, Vice-President and other members of the Council and members of its Committees; (3) The Secretary of the Council shall be entitled to participate in the meetings of the Council but shall not be entitled to vote thereat..
1. Subs. by Act 8 of 2006, s. 14 for section 16 (w.e.f. 17-11-2006).
2. Subs by Act 12 of 2022, s. 84 clause (ii), for clause (c) (w.e.f 10-5-2022). 1[(1) The Council shall maintain a Register of members of the Institute in such manner as may be prescribed.]
(2) The 2[Register of members] shall include the following particulars about every member of the Institute, namely: (a) his full name, date of birth, domicile, residential and professional addresses; (b) the date on which his name is entered in the Register; (c) his qualifications; 3[(ca) whether any actionable information or complaint is pending or any penalty has been imposed against him under Chapter V, including details thereof, if any;] (d) whether he holds a certificate of practice; and (e) any other particulars which may be prescribed. (3) The Council shall cause to be published in such manner as may be prescribed a list of members of the Institute as on the 1st day of April of each year, and shall, if requested to do so by any such member, send him a copy of such list 4[on payment of such amount as may be prescribed]. 5[(4) Every member of the Institute shall, on his name being entered in the Register, pay such annual membership fee as may be determined, by notification, by the Council, 6[***]: 7* * * *
1. Subs by Act 12 of 2022, s. 86, for sub-section (1) (w.e.f. 10-5-2022)
2. Subs by ,s. 86, ibid for "Register" (w.e.f. 10-5-2022). 3. Ins by s. 86, ibid., (w.e.f. 10-5-2022). 4. Ins. by Act 8 of 2006, s. 17 (w.e.f. 17-11-2006). 5. Subs. by s. 17, ibid., for sub-section (4) (w.e.f. 17-11-2006). 6. The words ,which shall not exceed rupees five thousand omitted by Act 12 of 2022, s.86 (w.e.f. 10-5-2022) 7. The proviso omitted by s. 86, ibid (w.e.f. 10-5-2022). (1) This Act may be called the Company Secretaries Act, 1980.
(2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint
1. 1st January, 1981, vide notification No. S.O. 989(E), dated 27th December, 1980, see Gazette of India, Extraordinary,
Part II, sec. 3(ii)
1[10. Re-election or re-nomination to Council-- A member of the Council, elected or nominated under sub-section (2) of section 9, shall be eligible for re-election or, as the case may be, re-nomination:
Provided that no member shall hold the office for more than two consecutive terms: Provided further that a member of the Council, who is or has been elected as Presid ent under sub-section (1) of section 12, shall not be eligible for election or nomination as a member of the Council.]
12. Subs. by s. 7, ibid., for section 10 (w.e.f. 8-8-2006).
(1) The duration of any Council constituted under
this Act shall be 1[four years] from the date of its first meeting.
(2) Notwithstanding the expiration of the duration of a Council (hereafter in this sub-section referred to as the former Council), the former Council shall continue to exercise its functions under this Act until a new Council is constituted in accordance with the provisions of this Act and on such constitution the former Council shall stand dissolved.
1. Subs. by s. 11, ibid., for "three years" (w.e.f. 19-1-2007).
(1) The Council shall constitute from amongst its members the following Standing Committees, namely:--
(a) an Executive Committee; 1[(b) a Finance Committee; and] (c) an Examination Committee. (2) The Council may also constitute a Training and Educational Facilities Committee, Professional Research and Publications Committee and such other Committees from amongst its members as it deems necessary for the purpose of carrying out the provisions of this Act. 2[(3) Each of the Standing Committees shall consist of the President and the Vice-President, ex officio, and minimum of three and maximum of five members to be elected by the Council from amongst its members.] 3 * * * * * (6) Notwithstanding anything contained in this section, any Committee formed under sub-section (2), may, with the sanction of the Council co-opt such other members of the Institute not exceeding 4[one-third of the total membership of the Committee] as the Committee thinks fit, and any member so co-opted shall be entitled to exercise all the rights of a member of the Committee. (7) Every Committee constituted under this section shall elect its own Chairman: Provided that-- (i) where the President is a member of such Committee, he shall be the Chairman of such Committee, and in his absence, the Vice-President, if he is a member of such Committee, shall be its Chairman; and (ii) where the President is not a member of such Committee but the Vice-President is a member, he shall be its Chairman. (8) The Standing Committees and other Committees formed under this section shall exercise such functions and be subject to such conditions in the exercise thereof as may be prescribed.
1. Subs. by Act 8 of 2006, s. 15, for clause (b) (w.e.f. 17-11-2006).
2. Subs by s. 15, ibid., for sub-section (3) (w.e.f. 17-11-2006) 3. Sub-sections (4) and (5) omitted by s. 15, ibid. (w.e.f. 17-11-2006). 4. Subs. by s. 15, ibid., for "two-thirds of the total membership of the Committee" (w.e.f. 17-11-2006). |
