The Company Secretaries Act, 1980
30. APPEAL
1[30. Appeal.—[Rep. by the Company Secretaries (Amendment) Act, 2006 (8 of 2006), sec. 26 (w.e.f. 17-11-2006).]]
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1. Section 30, before repeal, stood as under:
‘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-section (4) of section 21, may, within thirty days of the date on which the order is communicated to him, prefer an appeal to the High Court:
Provided that the High Court may entertain any such appeal after the expiry of the said period of thirty days, if it is satisfied that the member was prevented by sufficient cause from filing the appeal in time.
(2) The High Court may, on its own motion or otherwise, after calling for the records of any case, revise any order made by the Council under sub-section (2) or sub-section (4) of section 21 and may—
(a) confirm, modify or set aside the order;
(b) impose any penalty or set aside, reduce, confirm or enhance the penalty imposed by the order;
(c) remit the case to the Council for such further enquiry as the High Court considers proper in the circumstances of the case;
(d) pass such other order as the High Court thinks fit:
Provided that no order of the Council shall be modified or set aside unless the Council has been given an opportunity of being heard and no order imposing or enhancing a penalty shall be passed unless the person concerned has been given an opportunity of being heard.
Explanation.—In this section, “High Court” and “member of the Institute” have the same meanings as in section 21.’
The Company Secretaries Act, 1980
