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THE COMPANY SECRETARIES (ELECTION TRIBUNAL) RULES, 2006

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Parent: THE COMPANY SECRETARIES ACT, 1980
THE COMPANY SECRETARIES (ELECTION TRIBUNAL) RULES, 2006 [Issued by the Ministry of Company Affairs, Published in the Gazette of India, Extraordinary, Part II, Section 3(i) vide Notification No. GSR 709(E), dated 17.11.2006] In exercise of the powers conferred by clause (5) of sub-section (2) of section 38A, read with sub-section (3) of section 10B of the Company Secretaries Act, 1980 (56 of 1980), the Central Government hereby makes the following rules namely :— 1. Short title and commencement These Rules may be called the Company Secretaries (Election Tribunal) Rules, 2006. They shall come into force on the date of their publication in the Official Gazette. 2. Definitions In these Rules, unless the context otherwise requires,— (a) “Act” means the Company Secretaries Act, 1980; (b) "aggrieved person" means a person who contested that election to the Council to which the dispute pertains; (c) "dispute" means a dispute raised by an aggrieved person arising out of the election to the Council of the Institute; (d) "election" means election to the Council held under subsection (2) of section 9 of the Act; (e) "legal practitioner" means a person registered with Bar Council of India or any of the State Bar Councils and is eligible to appear before a Court of law; (f) Tribunal" means the Tribunal formed under sub-section (1) of section 10B of the Act. 3. Constitution of Tribunal (1) The Central Government shall establish a Tribunal by notification in official gazette, in accordance with the provisions of section 10B of the Act within, as far as practicable, 45 days of receipt of an application forwarded by the Secretary of the Institute under section 10A of the Act. The Presiding Officer or a member of the Tribunal may resign his office by a notice in writing under his hand add