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Section 9 – The Company Secretaries Act, 1980

The Company Secretaries Act, 1980

 

 

9. CONSTITUTION OF THE COUNCIL OF THE INSTITUTE

 

(1) There shall be a Council of the Institute for the management of the affairs of the Institute and for discharging the functions assigned to it by or under this Act.

 

1[(2) The Council shall be composed of the following persons, namely:—

 

(a) not more than fifteen persons elected by the members of the Institute, from amongst the Fellows of the Institute chosen in such manner and from such regional constituencies as may be specified:

 

Provided that a Fellow of the Institute, who has been found guilty of any professional or other misconduct and whose name is removed from the Register or has been awarded penalty of fine, shall not be eligible to contest the election,—

 

(i) in case of misconduct falling under the First Schedule of this Act, for a period of three years;

 

(ii) in case of misconduct falling under the Second Schedule of this Act, for a period of six years,

 

from the completion of the period of removal of name from the Register or payment of fine, as the case may be;

 

(b) not more than five persons nominated in the specified manner by the Central Government.]

 

2[(3) No person holding a post under the Central Government or a State Government shall be eligible for election to the Council under clause (a) of sub-section (2).

 

(4) No person who has been auditor of the Institute shall be eligible for election to the Council under clause (a) of sub-section (2) for a period of three years after he ceases to be an auditor.]

 

Comments

 

For the management of the affairs of the Institute of Company Secretaries, there shall be a Council of the Institute. It shall be composed of (i) not more than fifteen persons elected by the members of the institute, from amongst the Fellows of the Institute chosen in specified manner from the specified regional constituencies; (ii) not more than five persons nominated in the specified manner by the Central Government. No person holding a post under the Central Government or a State Government and no person who has been auditor of the Institute shall be eligible for election to the Council.

 

—————

1. Subs. by Act 8 of 2006, sec. 6, for sub-section (2) (w.e.f. 5-9-2006). Sub-section (2), before substitution, stood as under:

 

“(2) The Council shall be composed of—

 

(a) not more than twelve persons elected by members of the Institute from amongst the Fellows chosen in such manner and from such regional constituencies as may be notified in this behalf by the Central Government in the Official Gazette; and

 

(b) not more than four persons nominated by the Central Government.”

 

2. Ins. by Act 8 of 2006, sec. 6 (w.e.f. 5-9-2006).

 

 

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The Company Secretaries Act, 1980

 

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