Section 39 – The Company Secretaries Act, 1980

The Company Secretaries Act, 1980

 

 

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 and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—

 

(a) the professions that may be recognised under sub-section (2) of section 2 and 1[items (2)] and (4) of Part I of the First Schedule;

 

(b) the examinations and training for the purposes of clauses (c), (d) and (e) of sub-section (1) of section 4;

 

(c) the manner of making an application and granting thereof under sub-section (3) of section 4 or sub-section (3) of section 5;

 

(d) the fees payable under sub-section (3) of section 4, sub-section (3) of section 5, sub-section (2) of section 6, 2[***] sub-section (3) of section 15, sub-section (4) of section 19 and clause (c) of sub-section (1) of section 20;

 

(e) the qualifications and practical experience for the purposes of sub-section (3) of section 5;

 

(f) the form in which an application may be made under sub-section (2) of section 6;

 

3[***]

 

(h) the transaction of business by the Council for the discharge of its functions under section 15 and other provisions of this Act, the place at which and the intervals at which the Council shall hold its meetings for the transaction of such business, the procedure to be followed at such meetings and all other matters connected therewith;

 

(i) the regulation and maintenance of the status and standards of professional qualifications of members of the Institute, as required by 4[clause (g)] of sub-section (2) of section 15;

 

(j) the carrying out of research in matters of interest to Company Secretaries as required by 5[clause (h)] of sub-section (2) of section 15;

 

(k) the maintenance of libraries and publication of books and periodicals relating to management of companies and allied subjects, as required by 6[clause (f) of section 15A];

 

7[***]

 

(m) the transaction of business by the Standing Committees and other Committees referred to in section 17, the places at which and the intervals at which such Committees shall hold their meetings for the transaction of such business, the procedure to be followed at such meetings and all other matters connected therewith;

 

(n) the manner in which the Register may be maintained under sub-section (1) of section 19;

 

(o) the other particulars to be included in the Register, as required by clause (e) of sub-section (2) of section 19;

 

(p) the manner in which the annual list of members of the Institute may be published under sub-section (3) of section 19;

 

8[***]

 

(r) the manner in which Regional Council may be constituted under sub-section (2) of section 23 and the functions thereof;

 

(s) the conditions subject to which foreign qualifications may be recognised under sub-section (2) of section 38;

 

(t) any other matter which is required to be, or may be, prescribed under this Act.

 

(3) All regulations made by the Council under this Act shall be subject to the conditions of previous publication and to the approval of the Central Government.

 

9[***]

 

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1. Subs. by Act 8 of 2006, sec. 30, for “items (1), (3)” (w.e.f. 8-8-2006).

 

2. The words “clause (a) of” Omitted by Act 8 of 2006, sec. 30 (w.e.f. 8-8-2006).

 

3. Clause (g) omitted by Act 8 of 2006, sec. 30 (w.e.f. 8-8-2006). Clause (g), before omission, stood as under:

 

“(g) the manner in which an election to the Council may be conducted under section 10”.

 

4. Subs. by Act 8 of 2006, sec. 30, for “clause (i)” (w.e.f. 8-8-2006).

 

5. Subs. by Act 8 of 2006, sec. 30, for “clause (j)” (w.e.f. 8-8-2006).

 

6. Subs. by Act 8 of 2006, sec. 30, for “clause (k) of sub-section (2) of section 15” (w.e.f. 8-8-2006).

 

7. Clause (l) omitted by Act 8 of 2006, sec. 30 (w.e.f. 8-8-2006). Clause (l), before omission, stood as under:

 

“(l) the exercise of disciplinary powers, as required by clause (m) of sub-section (2) of section 15”.

 

8. Clause (q) omitted by Act 8 of 2006, sec. 30 (w.e.f. 8-8-2006). Clause (q), before omission, stood as under:

 

“(q) the inquiries to be held under sub-section (1) of section 21”.

 

9. Sub-section (4) omitted by Act 8 of 2006, sec. 30 (w.e.f. 8-8-2006). Sub-section (4), before omission, stood as under:

 

“(4) Every regulation shall, as soon as may be after it is made by the Council, be forwarded to the Central Government and that Government shall cause a copy of the same to be laid before each House of Parliament, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.”.

 

 

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