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Section 12 – The Company Secretaries Act, 1980

The Company Secretaries Act, 1980

 

 

12. PRESIDENT AND VICE-PRESIDENT

 

(1) 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 office of the President or the Vice-President falls vacant, the Council shall choose a person to be the President or the Vice-President, as the case may be:

 

Provided that the President of the Council of the dissolved company shall continue to hold such office after the commencement of this Act, until such time as a President is elected under the provisions of this sub-section.

 

(2) The President shall be the 1[Head] of the Council.

 

(3) The President or the Vice-President shall hold office for a period of one year from the date on which he is chosen but so as not to extend beyond his term of office as a member of the Council, and subject to his being a member of the Council at the relevant time, he shall be eligible for re-election 2[under sub-section (1)].

 

3[(4) On the expiration of the duration of the Council, or of the term of office of the President and the Vice-President thereof, the President and the Vice-President shall continue to hold office until such time as a new President and the Vice-President is elected and takes over charge of their duties.]

 

(5) In the event of the occurrence of any vacancy in the office of the President, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this section to fill such vacancy enters upon his office and when the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties.

 

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1. Subs. by Act 8 of 2006, sec. 9, for “Chief Executive Authority” (w.e.f. 8-8-2006).

 

2. Ins. by Act 8 of 2006, sec. 9 (w.e.f. 8-8-2006).

 

3. Subs. by Act 8 of 2006, sec. 9, for sub-section (4) (w.e.f. 8-8-2006). Sub-section (4), before substitution, stood as under:

 

“(4) On the expiration of the duration of the Council, or of the term of office of the President thereof, the President shall continue to hold office until such time as a new President is elected and takes over charge of his duties.”

 

 

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The Company Secretaries Act, 1980

 

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