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Section 10B – The Company Secretaries Act, 1980

The Company Secretaries Act, 1980

 

 

[10B. Establishment of Tribunal.—

 

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.]

 

Comments

 

The Central Government is to establish a Tribunal consisting of a Presiding Officer and two of the Members. No person shall be qualified for appointment (i) as a Presiding Officer 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; (ii) as a Member unless he has been a member of the Council for at least one full terms and who is not a sitting member of the Council or who has not been a candidate in the election under dispute; or (iii) as a Member unless he holds the post of Joint Secretary to the Government of India or any other post under the Central Government carrying a pay which is not less then that of a Joint Secretary to the Government of India.

 

—————

1. Ins. by Act 8 of 2006, sec. 8 (w.e.f. 17-11-2006).

 

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The Company Secretaries Act, 1980

 

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