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Section 10 – The Company Secretaries Act, 1980

The Company Secretaries Act, 1980

 

 

10. Re-election or re-nomination to Council.—

 

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 President under sub-section (1) of section 12, shall not be eligible for election or nomination as a member of the Council.]

 

Comments

 

A member of the Council, elected or nominated shall be eligible for re-election or re-nomination. Provided that no member shall hold office for more than two consecutive terms. A member, who has been elected as President of the Council shall not be eligible for section or nomination.

 

—————

1. Subs. by Act 8 of 2006, sec. 7, for sub-section 10 (w.e.f. 8-8-2006). Section 10, before substitution, stood as 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 election, the matter shall be referred by the Council to a Tribunal appointed by the Central Government in this behalf and the decision of such Tribunal shall be final:

 

Provided that no such reference shall be made except on an application made to the Council by an aggrieved party within thirty days from the date of the declaration of the result of the election.

 

(3) The expenses of the Tribunal shall be borne by the Council.

 

(4) Notwithstanding anything contained in this section and in Chapter IX, the Council of the dissolved company shall, on the commencement of this Act, become the Council of the Institute and shall function as such—

 

(i) for a period of two years from such commencement, or

 

(ii) till the Council is constituted in accordance with the provisions of sub-section (2) of section 9,

 

whichever is earlier.

 

Explanation.—For the purposes of this sub-section the Council shall be deemed to have been constituted in accordance with the provisions of sub-section (2) of section 9 with effect from such date not being later than thirty days from the date on which the results of the first elections, under clause (a) of the said sub-section (2) are announced as the Central Government may notify in the Official Gazette.”

 

 

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The Company Secretaries Act, 1980

 

Indian Laws – Bare Acts

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