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Section 22E – The Company Secretaries Act, 1980

The Company Secretaries Act, 1980

 

 

22E. Appeal to Authority.

 

1[22E. Appeal to Authority.—(1) Any member of the Institute aggrieved by any order of the Board of Discipline or the Disciplinary Committee imposing on him any of the penalties referred to in sub-section (3) of section 21A and sub-section (3) of section 21B, may within ninety days from the date on which the order is communicated to him, prefer an appeal to the Authority:

 

Provided that the Director (Discipline) may also appeal against the decision of the Board of Discipline or the Disciplinary Committee to the Authority if so authorised by the Council, within ninety days:

 

Provided further that the Authority may entertain any such appeal after the expiry of the said period of ninety days, if it is satisfied that there was sufficient cause for not filing the appeal in time.

 

(2) The Authority may, after calling for the records of any case, revise any order made by the Board of Discipline or the Disciplinary Committee under sub-section (3) of section 21A and sub-section (3) of section 21B and may—

 

(a) confirm, modify or set aside the order;

 

(b) impose any penalty or set aside, reduce, or enhance the penalty imposed by the order;

 

(c) remit the case to the Board of Discipline or Disciplinary Committee for such further enquiry as the Authority considers proper in the circumstances of the case; or

 

(d) pass such other order as the Authority thinks fit:

 

Provided that the Authority shall give an opportunity of being heard to the parties concerned before passing any order.]

 

Comments

 

Any member of the Institute aggrieved by the order of the Board of Discipline or the Disciplinary Committee imposing on him the penalties may within ninety days from the date on which the order is communicated to him, prefer an appeal to the Authority.

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1. Ins. by Act 8 of 2006, sec. 22 (w.e.f. 17-11-2006).

 

 

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The Company Secretaries Act, 1980

 

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