THE COMPANY SECRETARIES (ELECTION TO THE COUNCIL) RULES, 2006

0215d4c38a5cd887050b949e37fe83556ef0c90f · 1980 · State unknown

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Parent: THE COMPANY SECRETARIES ACT, 1980 (b78c887bfcb427cf7d91f5e45c7b6f3378463cac)

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THE COMPANY SECRETARIES (ELECTION TO THE COUNCIL) 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 533(E), dated 5th September, 2006 at New Delhi] In exercise of the powers conferred by Clause (a) of Sub-section (2) of Section 38A read with Clause (a) of Sub-section (2) of Section 9 of the Company Secretaries Act, 1980, the Central Government hereby makes the following rules, namely :— 1. Short title and commencement These Rules may be called the Company Secretaries (Election to the Council) 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 (56 of 1980); (b) "Approved Form" means form approved by the Council for use for a specific purpose under these Rules: Provided that if any form has not yet been approved by the Council, after coming into force of these Rules, then the appropriate form laid down for the same purpose before coming into force of these Rules shall be the approved form; (c) "Returning Officer" means the Secretary of the Council appointed under Section 16 of the Act, or, in case the post of Secretary is vacant, any officer of the Institute designated by the Council for the purpose of conduct of elections. Words and expressions used but not defined in these Rules and defined in the Act shall have the same meaning as assigned to them in the Act. 3. Regional Constituencies For the purpose of constitution of the Council in pursuance of Clause (a) of Sub-section (2) of Section 9, the regional constituencies shall comprise of such States or Union Territories as listed out in Schedule 1 to the

Rule TOC

1 · Short title and commencement

2 · Definitions

3 · Regional Constituencies

4 · Dates of Elections

5 · Members eligible to vote

6 · List of voters

7 · Members eligible to stand for election

8 · Number of members to be elected

1 · Omitted by the Company Secretaries (Election to the Council) (Amendment) Rules,

9 · Nominations

10 · Fee for election

11 · Security Deposit

12 · Scrutiny of nominations

13 · Preparation of lists of valid nominations

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

21 · Polling booths

22 · Polling Officer

23 · Appointment of Election Observers

24 · Secret Chamber

25 · Ballot paper

26 · Presence of the candidates and their authorised representatives at the polling booths

27 · Appointment of assistants

28 · Eligibility to vote by post

29 · Procedure of voting at the polling booth

30 · Procedure of voting by post

31 · Grounds for declaring ballot papers invalid

32 · Appointment of time and date for the counting of votes

33 · Appointment of scrutinisers

34 · Presence of candidates at the time of counting of votes

35 · Counting of votes and declaration of results

36 · Notification of the declaration of results

37 · Election not to be invalid due to accidental omission, etc.

38 · Duties of the Returning Officer

2 · [39. The Returning Officer to decide on certain matters

40 · Vacancy in any seat not to hold up constitution of the Council

2 · Substituted by the Company Secretaries (Election to the Council) (Amendment)

39 · Decision of the Returning Officer to be final

41 · Election Expenses

42 · Disciplinary action against member in connection with conduct of election

1 · Identification of voters and Tendered Ballots

2 · Record to be kept by the polling officer

3 · Ballot Box

4 · Manner of recording of votes after receipt of ballot paper

5 · Return of Ballot paper by voter

6 · Procedure at the polling booth

7 · Transport of ballot boxes etc. and their custody

1 · Returning Officer to send ballot papers by post

2 · Issue of undelivered and fresh ballot papers

3 · Postal Ballot papers to be returned after recording votes

1 · Definitions

2 · Counting of votes

3 · Procedure in case of a tie

4 · Provision for re-counts