Ins. by Act 8 of 2006, s. 9 (w.e.f. 8-8-2006). — THE COMPANY SECRETARIES ACT, 1980

5. Ins. by Act 8 of 2006, s. 9 (w.e.f. 8-8-2006). * * 1 [(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. 13. Resignation of membership and casual vacancies . — (1) Any member of the Council may at any time resign his membership by writing under his hand addressed to the President, and the seat of such member shall become vacant when such resignation is notified in the Official Gazette. (2) A member of the Council shall be deemed to have vacated his seat if he is declared by the Council to have been absent without sufficient excuse from three consecutive meetings of the Council 2 [or he has been found guilty of any professional or other misconduct and awarded penalty of fine,] or of any of the Committees which has been constituted by the Council and of which he is a member or if his name is, for any cause, removed from the 3 [Register of members] under the provisions of section 20. (3) A casual vacancy in the office of a member of the Council shall be filled by fresh election from the constituency concerned or by nomination by the Central Government, as the case may be, and the person elected or nominated to fill the vacancy shall hold office until the dissolution of the Council: Provided that no election shall be held to fill a casual vacancy occurring within 4 [one year] prior to the date of the expiration of the term of the Council, but such a vacancy may be filled by nomination by the Central Government after consultation with the President of the Council. (4) No act done by the Council shall be called in question on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Council . 14. Duration and dissolution of the Council . — (1) The duration of any Council constituted under this Act shall be 5 [four years] from the date of its first meeting. (2) Notwithstanding the expiration of the duration of a Council (hereafter in this sub-section referred to as the former Council), the former Council shall continue to exercise its functions under this Act until a new Council is constituted in accordance with the provisions of this Act and on such constitution the former Council shall stand dissolved. 6 [15. Functions of Council . — (1) The Institute shall function under the overall control, guidance and supervision of the Council and the duty of carrying out the provisions of this Act shall be vested in the Council. (2) In particular, and without prejudice to the generality of the foregoing powers, the duties of the Council shall include — (a) to approve academic courses and their contents; (b) the prescribing of fees for the examination of candidates for enrolment; (c) the prescribing of qualifications for entry in the 7 [Register of members]; (d) the recognition of foreign qualifications and training for purposes of enrolment; (e) the prescribing of guidelines for granting or refusal of certificates of practice under this Act; 1. Subs. by Act 8 of 2006 , s. 9, for sub -section (4) (w.e.f. 8-8-2006). 2. Ins. by s. 10, ibid. (w.e.f. 17-11-2006). 3. Subs. by Act 12 of 2022, s. 81, for "Register" (w.e.f. f. 10 -5 -2022). 4. Subs. by Act 8 of 2006, s. 10, for “six months” (w.e.f. 17-11-2006). 5. Subs. by s. 11, ibid., for “three years” (w.e.f. 19-1-2007). 6. Subs. by s. 12, ibid., for section 15 (w.e.f. 17-11-2006). 7. Subs. by Act 12 of 2022, s. 82, for "Register" (w.e.f. f. 10 -5 -2022).

Section 5