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Section 21A – The Company Secretaries Act, 1980

The Company Secretaries Act, 1980

 

 

21A. Board of Discipline.

 

1[21A. Board of Discipline.—(1) The Council shall constitute a Board of Discipline consisting of—

 

(a) a person with experience in law and having knowledge of the disciplinary matters and the profession, to be its presiding officer;

 

(b) two members one of whom shall be a member of the Council elected by the Council and the other member shall be the person designated under clause (c) of sub-section (1) of section (16);

 

(c) the Director (Discipline) shall function as the Secretary of the Board.

 

(2) The Board of Discipline shall follow summary disposal procedure in dealing with all the cases before it.

 

(3) Where the Board of Discipline is of the opinion that a member is guilty of a professional or other misconduct mentioned in the First Schedule, it shall afford to the member an opportunity of being heard before making any order against him and may thereafter take any one or more of the following actions, namely:—

 

(a) reprimand the member;

 

(b) remove the name of the member from the Register up to a period of three months;

 

(c) impose such fine as it may think fit which may extend to rupees one lakh.

 

(4) The Director (Discipline) shall submit before the Board of Discipline all information and complaints where he is of the opinion that there is no prima facie case and the Board of Discipline may, if it agrees with the opinion of the Director (Discipline), close the matter or in case of disagreement, may advise the Director (Discipline) to further investigate the matter.]

 

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1. Ins. by Act 8 of 2006, sec. 20 (w.e.f. 17-11-2006).

 

 

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The Company Secretaries Act, 1980

 

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