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Section 18 – The Company Secretaries Act, 1980

The Company Secretaries Act, 1980

 

 

18. FINANCES OF THE COUNCIL

 

(1) There shall be established a fund under the management and control of the Council into which shall be paid all moneys (including donations and grants) received by the Council and out of which shall be met all expenses including any donations made and liabilities properly incurred by the Council.

 

(2) The Council may invest any money for the time being standing to the credit of the fund in any Government security or in any other security approved by the Central Government.

 

1(3) The Council shall keep proper accounts of the funds distinguishing capital from revenue.

 

(4) The annual accounts of the Council shall be subject to audit by a Chartered Accountant in practice within the meaning of the Chartered Accountants Act, 1949, (38 of 1949), to be appointed annually by the Council :

 

(5) The annual accounts of the Council shall be prepared in such manner as may be prescribed and be subject to audit by a Chartered Accountant in practice to be appointed annually by the Council:

 

Provided that no member of the Council or a person who has been a member of the Council during the last four years or a person who is in partnership with such member shall be eligible for appointment as an auditor under this sub-section:

 

Provided further that, in the event it is brought to the notice of the Council that the accounts of the Council do not represent a true and fair view of its finances, them the Council may itself cause a special audit to be conducted:

 

Provided also that if such information, that the accounts of the Council do not represent a true and fair view of its finances, is sent to the Council by the Central Government then, the Council may, wherever appropriate cause a special credit or take such other action as it considers necessary and shall furnish an action taken report on it to the Central Government.]

 

2[(5A) As soon as may be practicable at end of each year, the Council shall circulate the audited accounts to its members at least fifteen days in advance and consider and approve these accounts in a special meeting convened for the purpose.

 

(5B) The Council shall cause to be published in the Gazette of India not later than the 30th day of September of the year next following, a copy of the audited accounts and the Report of the Council for that year duly approved by the Council and copies of the said accountants and Report shall be forwarded to the Central Government and to all members of the Institute.]

 

(6) Subject to such directions as the Central Government may, by order in writing, make in this behalf, the Council may borrow –

 

(a) Any money required for meeting its liabilities on capital account on the security of the fund or on the security of any other assets for the time being belonging to it; or

 

(b) For the purpose of meeting current liabilities pending the receipt of income by way of temporary loan or over-draft.

 

—————

1. Subs. by Act 8 of 2006, sec. 16, for sub-sections (3), (4) and (5) (w.e.f. 17-11-2006). Sub-sections (3), (4) and (5), before substitution, stood as under:

 

“(3) The Council shall keep proper accounts of the funds distinguishing capital from revenue.

 

(4) The annual accounts of the Council shall be subject to audit by a Chartered Accountant in practice within the meaning of the Chartered Accountants Act, 1949 (38 of 1949), to be appointed annually by the Council:

 

Provided that no member of the Council who is a Chartered Accountant or a person who is in partnership with such member shall be eligible for appointment as an auditor under this sub-section.

 

(5) As soon as may be practicable at the end of each year, but not later than the 30th day of September of the year next following, the Council shall cause to be published in the Gazette of India a copy of the audited accounts and the report of the Council for that year and copies of the said accounts and report shall be forwarded to the Central Government and to all the members of the Institute.”

 

2. Ins. by Act 8 of 2006, sec. 16 (w.e.f. 17-11-2006).

 

 

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The Company Secretaries Act, 1980

 

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