Sections Particulars
Preamble
An Act to make provision for the regulation and development of the profession of Company Secretaries.: The Act seeks to provide a benchmark for the qualificat...
1 Short title, extent and commencement
(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 date as the Central Gov...
2 Definitions and Interpretation
(1) In this Act, unless the context otherwise requires, -(a) "Associate" means an Associate Member of the Institute;(b) "Companies Act" means the Companies ...
3 Incorporation of the institute
(1) All persons whose names are entered in the Register of the dissolved company immediately before the commencement of this Act and all persons who may here...
4 Entry of names in the register
(1) Any of the following persons shall be entitled to have his name entered in the Register, namely : (a) any person who immediately before the commencement ...
5 Associates and fellows
(1) The members of the Institute shall be divided into two classes designated respectively as Associates and Fellows.(2) Any person other than a person to who...
6 Certificate of practice
(1) No member of the Institute shall be entitled to practice, whether in India or elsewhere, unless he has obtained from the Council a certificate of practic...
7 Members to be known as company secretaries
Every member of the Institute in practice shall, and any other member may, use the designation of a Company Secretary and no member using such designation sh...
8 Disabilities
Notwithstanding anything contained in section 4, a person shall not be entitled to have his name entered in, or borne on, the Register if he –(a) has not at...
9 Constitution of the council of the institute
(1) There shall be a Council of the Institute for the management of the affairs of the Institute and for discharging the functions assigned to it by or under...
10 Mode of election to the council
(1) Elections under clause (a) of sub-section (2) of section 9 shall be conducted in the prescribed manner.(2) Where any dispute arises regarding any such ...
11 Nomination in default of election
If the members of the Institute fail to elect any member under clause (a) of sub-section (2) of section 9 from any of the regional constituencies that may ...
12 President and Vice-President
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 offic...
13 Resignation of membership and casual vacancies
(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 b...
14 Duration and dissolution of the council
(1) The duration of any Council constituted under this Act shall be three years from the date of its first meeting.(2) Notwithstanding the expiration of the ...
15 Functions of the council
(1) 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 foreg...
16 Staff, remuneration and allowances
(1) For the efficient performance of its duties and functions, the Council shall appoint a Secretary who shall be a member of the Institute and may -(a) appo...
17 Committees of the council
(1) The Council shall constitute from amongst its members the following Standing Committees, namely :-(a) an Executive Committee;(b) a Disciplinary Committe...
18 Finances of the council
(1) There shall be established a fund under the management and control of the Council into which shall be paid all moneys (including donations and grants) re...
19 Register
(1) The Council shall maintain in the prescribed manner a Register of the members of the Institute.(2) The Register shall include the following particulars...
20 Removal from the register
(1) The Council may remove from the Register the name of any member of the Institute –(a) who is dead; or(b) from whom a request has been received to that ef...
21 Procedure in inquiries relating to misconduct of members of the institute
(1) Where on receipt of information by, or a complaint made to it, the Council is prima facie of opinion that any member of the Institute has been guilty of ...
22 Professional misconduct defined
For the purposes of this Act, the expression, "professional misconduct" shall be deemed to include any act or omission specified in any of the Schedules, but ...
23 Constitution And functions of regional councils
For the purpose of advising and assisting it on matters concerning its functions, the Council may constitute such Regional Councils as and when it deems fit ...
24 Penalty for falsely claiming to be a member, etc.
Subject to the provisions of section 7, any person who, -(a) not being a member of the Institute, -(i) represents that he is a member of the Institute; or(ii)...
25 Penalty for using name of the council, or awarding degree of company
(1) Save as otherwise provided in this Act, no person shall –(a) use a name or a common seal which is identical with the name or the common seal of the Insti...
26 Companies not to engage in company secretary ship
(1) No company, whether incorporated in India or elsewhere, shall practice as Company Secretaries.(2) Any company contravening the provisions of sub-section ...
27 Unqualified persons not to sign documents
(1) No person other than a member of the Institute shall sign any document on behalf of a Company Secretary in practice or a firm of such Company ...
28 Offences by companies
(1) If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to, the company for the...
29 Sanction to prosecute
No person shall be prosecuted under this Act except on a complaint made by or under the order of the Council or of the Central Government. ...
30 Appeal
(1) Any member of the Institute aggrieved by any order of the Council imposing on him any of the penalties referred to in clause (a) or clause (b) of sub-s...
31 Dissolution of the institute of company secretaries of India register
On the commencement of this Act - (a) The company known as the Institute of Company Secretaries of India registered under the Companies Act shall stand d...
32 Transfer of assets and liabilities of the dissolved company to the Institute
(1) On the commencement of this Act, there shall be transferred to and vested in the Institute all the assets and liabilities of the dissolved company.(2) The...
33 Provisions respecting employees of the dissolved company
(1) Every person employed in the dissolved company and continuing in its employment immediately before the commencement of this Act shall, as from such commen...
34 Alteration in the register and cancellation of certificate
(1) Where an order is made under this Act reprimanding a member, record of the punishment shall be entered against his name in the Register.(2) Where the name...
35 Directions of the central government
(1) The Central Government may, from time to time, issue such directions to the Council as in the opinion of the Central Government are conducive to the fulfi...
36 Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Central Government or the Council in respect of anything which is in good faith done or ...
37 Maintenance of branch offices
(1) Where a Company Secretary in practice or a firm of such Company Secretaries has more than one office in India, each one of such offices shall be in the se...
38 Reciprocity
(1) Where any country, notified by the Central Government in this behalf in the Official Gazette, prevents persons of Indian domicile from becoming members ...
39 Power to make regulations
(1) The Council may, by notification in the Gazette of India make regulations for the purpose of carrying out the provisions of this Act.(2) In particular an...
Schedule I
Part I Professional Misconduct in relation to members of the institute in practice
[See sections 21(4) and 22]I PROFESSIONAL MISCONDUCT IN RELATION TO MEMBERS OF THE INSTITUTE IN PRACTICEA Company Secretary in practice shall be deemed to be g...
Part II Professional Misconduct in relation to members of the institute in service
Part II Professional Misconduct in relation to members of the institute in service [See sections 21(4) and 22]II PROFESSIONAL MISCONDUCT IN RELATION TO MEMBER...
Part III Professional Misconduct in relation to members of the institute Genera
Part III Professional Misconduct in relation to members of the institute Genera [See sections 21(4) and 22]III PROFESSIONAL MISCONDUCT IN RELATION TO MEMBERS ...
Schedule II
Part I Professional misconduct in relation to members of the institute in Practice
Schedule II Part I Professional misconduct in relation to members of the institute in Practice [See sections 21(5) and 22]I PROFESSIONAL MISCONDUCT IN RELATION...
Part II Professional Misconduct in relation to members of the institute Genera
Part II Professional Misconduct in relation to members of the institute General # THE SECOND SCHEDULE[See sections 21(5) and 22]# II PROFESSIONAL MISCONDUC...
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