THE COMPANY SECRETARIES (ELECTION TO THE COUNCIL) RULES, 2006 [Issued by the Ministry of Company Affairs, Published in the Gazette of India,

8 · Number of members to be elected

9 · Nominations

10 · Fee for election

11 · Security Deposit (1) A candidate for election, in addition to fee as provided in rule 10, shall pay, irrespective of the number of nominations filed or specified under rule 9, an amount of Rs. 20,000/- (Rupees Twenty Thousand only) as security deposit; which shall be forfeited if he fails to secure not less than 2% of the original votes as defined in rule 35 polled in the concerned regional constituency: (2) The method of payment of security deposit shall be specified in the notification issued under sub-rule (1) of Rule 9 12. Scrutiny of nominations (1) The Council shall appoint for each election a Panel for the scrutiny of the nomination papers of all the candidates. (2) The Panel shall consist of three persons of whom one shall be the Returning Officer and the other two shall be persons nominated by the Council, from among the members of the Council referred to in clause (b) of sub-section (2) of Section 9 of the Act; of which one shall be an officer of the Central Government and the other shall not be a member of the Institute, provided that if one or more of such members are not available or are unwilling to act; then any other officer or officers of the Central Government;, as the Central Government may nominate for the purpose. (3) notification containing the names of the members of the Panel shall be issued before the last date for the receipt of nomination for the election for which it is appointed. (4) The term of the Panel shall end with the conclusion of the polling for which it is appointed: (5) The Panel shall have the power to regulate its procedure in such manner as it considers just and expedient: (6) The quorum of the panel for the transaction of its business shall be two_

14 · Withdrawal of candidature

15 · Intimation of final list of nominations to candidates and voters

16 · Election Code of Conduct

17 · Death of a candidates

18 · Candidates deemed to be elected if their number is equal to or less than the number of members to be elected

19 · Mode of election

20 · Admissible number of votes to a voter

25 · Ballot paper

26 · Presence of the candidates and their authorised representatives at the polling booths (1) A candidate for election from a constituency shall be entitled to be present at the polling booths in that constituency: (2) He may appoint any two members as his authorised representatives for each polling booth, only one of whom shall be entitled to be present at a time on his behalf at that particular polling booth:

27 · Appointment of assistants The polling officer may employ at the polling booth such persons not being members of the Institute as he thinks fit to assist him in identifying the voters or for any other purpose Provided that a person SO appointed would not be entitled to discharge the duties of polling officer laid out in these Rules and would be there only to assist the Polling Officer.

28 · Eligibility to vote by post (1) A member whose name is included in the list of voters and whose name is not shown under any polling booth shall be permitted to vote by post. (2) A member who is entitled to vote at a polling booth may be permitted at the discretion of the Returning Officer, to vote by post; if by reason of his suffering from any permanent infirmity or, in case of member in service , permanent change in address, he is unable to exercise his vote at the polling booth allotted to him:

29 · Procedure of voting at the polling booth Voting at a polling booth shall take place as per procedure laid out in Schedule 6 to these Rules.

30 · Procedure of voting by post Voting by post shall take place as per procedure laid out in Schedule to these Rules.

31 · Grounds for declaring ballot papers invalid ballot paper shall be invalid: (a) if a voter signs his name or writes any word or figure upon it or makes any mark including a tick (v ) cross (X), not being mark of 'X' put under clause (c) of sub-rule (2) of Rule 20, upon it by which the ballot paper becomes recognizable or by which the voter can be identified; or

36 · Notification of the declaration of results

37 · . Election not to be invalid due to accidental omission, etc. No election shall be deemed to be invalid merely by reason of any accidental omission of the name of a member from the list of members eligible to vote or any accidental mistake in not allowing him to vote or the accidental inclusion of name of a person not entitled to vote in the list of members eligible to vote or allowing him to vote or any accidental irregularity or informality in the conduct of the election, including accidental omission to send or delay in sending the voting paper to a voter or the accidental non-receipt of, or delay in receipt of a voting paper, by voter. 38. Duties of the Returning Officer (1) The Returning Officer shall conduct the elections in accordance with these Rules. (2) The Returning Officer may delegate any of the duties to be performed by him as Returning Officer to any of the other Officer or Officers of the Institute, as he may deem fit: 2[39. The Returning Officer to decide on certain matters If any question pertaining to or incidental to the procedure for conduct of elections including matters not specifically covered by these rules, arises, it shall be decided by the Returning Officer or the officer authorised by him under these rules Explanation For the purpose of this rule, the conduct of election shall also include the process of counting of votes and declaration of results-] 40. Vacancy in any seat not to hold up constitution of the Council If for any reason any seat or seats to a regional constituency or constituencies is not filled up after the election, it would not be deemed to hold up the constitution of the Council under Section 9 of the Act.

41 · Election Expenses (1) No candidate, whose name has been included in the final list of nominations under Rule 15, shall incur an expenditure above an amount to be fixed by the Council for this purpose. (2) Every such candidate shall file an account of expenses incurred for the election in format approved by the Council; within fifteen days of notification issued under Rule 36. (3) A member shall be deemed to have brought disrepute to the Council under item (2) of Part IV of the First Schedule of the Act if, in connection with an election to the Council of the Institute, he is found to have contravened the provisions of sub-rule (1) or sub-rule (2). 42. Disciplinary action against member in connection with conduct of election (1) A member shall be deemed to have brought disrepute to the Council under item (2) of Part IV of the First Schedule of the Act if, in connection with an election to the Council of the Institute, he is found to have contravened the provisions of sub-rule (2) or all or any of the clauses of sub-rule (3) or sub-rule (4) of this rule: (2) Only one manifesto or circular shall be issued by a candidate in relation to the election in the period commencing from the date of issue of final list of nominations to the candidates: (3) A manifesto or circular issued shall conform to the following requirements in the interest of maintaining dignity in the election, namely: (a) A_ manifesto or circular shall contain information regarding the candidate himself and shall not make any reference, directly or indirectly, to any other candidate; (b) The information, which a candidate may furnish in a manifesto or circular regarding himself, shall not differ in any material respect from the information furnished by the Institute to the voters under rule 9. A_ candidate may, however, include in such manifesto or circular, any additional information not contained in the information furnished under rule 9; (c) A_ manifesto or circular shall neither contain any appeal to the voters on the basis of caste or on communal_ religious, regional or sectional lines nor any tall claim; d) The distribution of a manifesto or circular shall be restricted only to the members of the constituency concerned; (e) A certified copy of such manifesto or circular shall be sent to

1 · Identification of voters and Tendered Ballots

2 · Record to be kept by the polling officer

3 · Ballot Box

3 · Postal Ballot papers to be returned after recording votes (1) The postal ballot paper received under clause above shall, if he desires to vote, be returned by the voter; in the manner mention herein below: (a) for a voter residing within India, after recording his vote thereon in the manner specified in rule 20 and in the pre - stamped envelope provided for the purpose and in the manner specified by the Returning Officer under clause from the place to which the ballot paper was sent by the Returning Officer under clause SO as to reach the Returning Officer before the date and time specified in this behalf. The cover containing the recorded ballot paper shall be accompanied by a declaration of the voter in the approved Form; (b) for voter residing outside India, after recording his vote thereon in the manner specified in rule 20 and by ordinary post or speed or registered post and in the manner specified by the Returning Officer under clause 1but from the country to which the ballot paper was sent by the Returning Officer under clause SO as to reach the Returning Officer before the date and time specified in this behalf: The cover containing the recorded ballot paper shall be accompanied by a declaration of the voter in the approved Form;

1 · Definitions

3 · Procedure in case of a tie

4 · Provision for re-counts