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The Company Secretaries Regulations, 1982 (As Amended upto 3rd February, 2020)

regulations · 1980 · State unknown

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Parent: THE COMPANY SECRETARIES ACT, 1980 (b78c887bfcb427cf7d91f5e45c7b6f3378463cac)

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The Company Secretaries Regulations, 1982 (As Amended upto 3rd February, 2020) THE INSTITUTE OF Company Secretaries of India HR-i4 *7T7 4Aa Hr4 URSUIT 0 F PR o FESSIONAL EXcELCENCE Statutory body under an Act of Parliament (Under the jurisdiction of Ministry of Corporate Affairs) ICSI House, 22, Instltutiona Area Lodi Road, Neww Delhl 110 003 tel 011-4534 1000 fax +91-11-2462 6727 email info@icsi equ website %vvicskedu THE COMPANY SECRETARIES REGULATIONS, 1982 Chapter Preliminary Short title and commencement Definitions and interpretation 2 Chapter II Members 3_ Register of Members Qualification for members Application for membership Fees Refund of fees Non-payment of dues Certificate of membership Certificate of Practice Cancellation of certificate of Practice Notification of removal of membership Restoration of membership Restoration of Certificate of practice 4_ 5 8 9 11 12 14 14 15 16 17 5_ 6_ 7_ 8 9_ 10_ 11. 12. 13_ 14_ 18 Chapter III Complaints and Enquiries against Members Complaints and enquiries relating to professional or other misconduct of members Fee and procedure for investigation of complaint or information to be followed by the Director (Discipline) , Disciplinary Directorate and procedure for inquiry by the Disciplinary Committee Applicable to complaint or information received on or after 17-11-2006.] Information relating to misconduct of members Time limit for entertaining complaint or information 15_ 19 15A 22 16. 17 . 22 23 18_ Procedure in enquiry before the Disciplinary committee Procedure in hearing before the Council 23 19_ 24 Chapter IV Registration of Students 19A. 20. Programme of Company Secretaryship Course Conditions for registration to the Executive Programme Registration of student and time limit for completing examinations Registration d

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22 · 23
19A · 20.
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31 · 32 32 32 33 33
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32 · 33. 34_
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55D · Refresher Course 55E to 55S omitted]
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59 · to 87W Omitted]
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118 · 118 118 119 119
95 · 96. 97 _
98 · Constitution of Standing and other Committees 99_ Executive Committee 100. Examination Committee 101. Disciplinary Committee 101A. Finance Committee 102. Training and Educational Facilities Committee 103. Professional Research and Publication Committee 104. Journal Committee 105. Professional Development Committee 105A. Constitution of the Secretarial Standards Committee and the Auditing Standards Committee 105B. Constitution and Functions of the Academic Committee 106. Council's power to review and to delegate not affected 107 . Time and place of meeting of Committees
120 · 121 123 124 124 126 128 129 129 130
108 · 109. 110_
135 · 136
136 · 136 137
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150 · 150 150 150
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151 · 151 151 151 151
138 · 139. 140_ 141.
152 · 152 152 152
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145 ·
153 · 153 153 153 153 154
147 ·
155 · 155
158 · 158
158 · 161 161
159 · 160. 161.
161 · 162 163 164
162 · 163_ 164_ 165. 165A. Multidisciplinary Firm 166. Particulars of nationality and domicile 167 . Place of business of practising member in India 168_ Company Secretaries in practice not to engage in any other business or occupation 168A. Other Professional bodies 168B. Membership of Professional body for Partnership 169_ Trade or firm name to require Council approval 170_ Constitution or reconstitution of firms to require Council's approval 171. Power to charge fees 172_ Mode of Payment of fees 173_ Power to withdraw or cancel certificate 174_ Power to remove difficulties
164 · 165 165 165
166 · 168 169
1 · Short title and commencement - (1) These regulations may be called the Company Secretaries Regulations, 1982. (2) They shall come into force on the date of their publication in the Gazette of India.
2 · Definitions and interpretation. In these regulations, unless the context otherwise requires, (a) 'Act' means the Company Secretaries Act; 1980 (56 of 1980); (b) 'annual meeting' means, in the year of election, the first meeting of the Council held after the declaration of results of election and in any other year; the first meeting of the Council held on or after the first day of October of that year;
4 · Qualification for members:- (1) Associate members: No person shall be entitled to have his name entered in the Register as an Associate, unless he; 4[(a) omitted (b) omitted (c) omitted] 5[(d) has passed examinations conducted by the dissolved company and has completed practical training either as prescribed in the earlier regulations or as prescribed in the Company Secretaries (Amendment) Regulations, 2020; or] (e) has passed the qualifying examinations and completed the practical training as 6[prescribed in these regulations; or] 7[(f) has passed such other examination and completed Omitted by Company Secretaries (Amendment) Regulations, 2020 Notification No.710/1(M)/1, published in the Gazette of India Extraordinary dated 03-02-2020. [(a) was an Associate of the dissolved company immediately before the commencement of the Act; or (b) was admitted as an Associate under the earlier regulations; or (c) is a holder of the Diploma in Company Secretaryship awarded by the Government of India; or] Substituted by the Company Secretaries (Amendment) Regulations 2020_ Notification No.710/1(MY1 , published in the Gazette of India, Extraordinary dated 03-02-2020, for the following: [(d) has passed the examinations conducted by the dissolved company and has completed practical training either as specified in the earlier regulations or as provided in Chapter VII of these regulations; or] Substituted by the Company Secretaries (Amendment) Regulations, 2020, Notification No.710/1(MJ1 , published in the Gazette of India, Extraordinary dated 3-2-2020 for the [specified in Chapter VII of these regulations; or] Substituted by the Company Secretaries (Amendment) Regulations_ 2020, Notification No.710/1(MJ1, published in the Gazette of India_ Extraordinary dated 03-02-2020, for the following: [(f) has passed such other examination and completed such other training without India as is recognized by the Central Government or the Council as being equivalent to the examination and training as specified in Chapter VI and VII of these regulations; [or]
12 · Substituted by the Company Secretaries (Amendment) Regulations, 2010_ Notification No. 531:legal:710/1/M/1 , published in the Gazette of India Extraordinary; Part III, Section 4, dated 26.07.2010, for the following: [6 Fees (1) Every person other than a person referred to in Sub-section (2) of Section 4 applying for an Associate membership of the Institute shall pay an entrance fee as specified in Schedule B. (2) An Associate applying for admission as a Fellow [other than a person referred to in Sub-section (2) of Section 4] shall pay an entrance fee as specified in Schedule B (3) An Associate shall pay an annual membership fee as specified in Schedule B. Provided that only half the amount of the annual membership fee shall be payable for the first year by a person admitted on or after the first day of October of that year Provided further that an associate who is of the age of fifty-five years or above and is not in any gainful employment or in practice shall pay half of the annual membership fee_ (4)A Fellow shall pay an annual membership fee as specified in schedule
14 · Inserted by the Company Secretaries (Amendment) Regulations 2020_ Notification No.710/1(MJ1 , published in the Gazette of India_ Extraordinary dated 03-02-2020. 15 Inserted by the Company Secretaries (Amendment) Regulations, 2020_ Notification No.710/1(MJ/1 , published in the Gazette of India, Extraordinary dated 03-02-2020. 16 Omitted by Company Secretaries (Amendment) Regulations, 2020_ Notification No.710/1(M)/1, published in the Gazette of India_ Extraordinary dated 03-02-2020. [Provided also that a member who is of the age of sixty years or above and is not in any gainful employment or in practice shall pay half of the annual membership fee:]
7 · . Refund of fees:_ Every person whose application for admission to the membership of the Institute or for issue of certificate of practice is not accepted by the Council; shall be entitled to refund of the fees paid by him 19[after deducting administrative charges as may be determined by the Institute]:
17 · Substituted by the Company Secretaries (Amendment) Regulations_ 2020_ Notification No.710/1(MJ/1 , published in the Gazette of India, Extraordinary dated 03-02-2020, for [age of seventy years or above and is not in any gainful employment or in practice] 18 Inserted by the Company Secretaries (Amendment) Regulations 2020_ Notification No.710/1(MJ1 , published in the Gazette of India; Extraordinary dated 03-02-2020. 19 Inserted by the Company Secretaries (Amendment) Regulations, 2020_ Notification No.710/1(MJ1 , published in the Gazette of India, Extraordinary dated 03-02-2020.
20 · Substituted by the Company Secretaries (Amendment) Regulations 2020_ Notification No.710/1(MV1, published in the Gazette of India, Extraordinary dated 03-02-2020, for the following: [8. Non-payment of dues (1) Annual fee: Any person who has not paid his annual membership fee or annual certificate fee on or before thirtieth June of that year shall be liable to his name being removed from the Register with effect from first July of that year without any further notice_ (2) Other dues: Any person who has not paid the admission fee or other dues payable to the Institute as a member within three months from the date of which such dues have become due and payable to the Institute shall be liable to have his name being removed from the Register on the expiry of the said period of three months 9. Certificate of membership (1) On an application for membership being accepted by the Council, an applicant's name shall be entered in the register and a Certificate of Membership in the appropriate form shall be issued to him by the Council. (2) A member whose name is removed from the register under any of the provisions of the Act or these regulations, shall surrender forthwith the Certificate of Membership then held by him to the Secretary: 10. Certificate of practice (1) A member of the Institute may apply to the Council in the appropriate form for issue of a certificate of practice entitling him to practise as Company Secretary anywhere in India: (2) On acceptance of the applications by the council for issue of certificate of practice, the certificate shall be issued in the appropriate form and shall be valid until it is cancelled_ (3) In the case of renewal of the certificate of practice, the Secretary shall issue a letter extending the validity period of the certificate of practice for that year in the appropriate form (4) A member who ceases to be in practice shall not later than thirty days from the date he ceases to be in practice intimate the fact to the Council in writing_ (5) A member who ceases to be in practice or whose certificate of practice has been cancelled under Regulation 11 shall surrender forthwith the certificate then held by him to the Secretary:
10 · Certificate of Practice -
4 · The request of member who surrenders his certificate of practice will be considered only on receipt of the original certificate. (5) A member who ceases to be in practice or whose certificate of practice has been cancelled under regulation 11 except clause (d) of regulation 11 shall surrender the certificate then held by him to the Secretary within fifteen days from the date of receipt of notice of such cancellation and shall not use or display or continue to use or display the same certificate or membership number in any manner:
11 · Cancellation of certificate of Practice - (1) A certificate of practice issued under sub-section (1) of section 6 of the Act shall be liable for cancellation, if (a) the name of the holder of the certificate is removed from the Register under sub-sections (1) and (2) of section 20 of the Act; or (b) the Council is satisfied, after giving an opportunity of being heard to the person concerned, that such certificate was issued on the basis of incorrect, misleading or false information provided by the applicant;, or by mistake or inadvertence on the part of the Institute or
12 · Notification of removal of membership:- The removal of the name of any member from the Register shall be communicated in writing to him by registered post or speed post or courier or by any electronic mode at the professional address and email id available in the Register and may also be published in the Journal or hosted on the website of the Institute]:
21 · Substituted by the Company Secretaries (Amendment) Regulations, 2010_ Notification No. 531:legal:710/1/M/1 , published in the Gazette of India, Extraordinary, Part IlI, Section 4, dated 26.07.2010, for the following: [13. Restoration of membership (1) A person whose name has been removed from the Register or stood removed from the Register of members of the dissolved company for non-payment of fees, may apply in the appropriate form to the Council for restoration of his name in the Register; if he is otherwise eligible for the membership of the Institute_ (2) Such person shall also pay to the Council before such restoration; (a) the admission fee and other dues, if any; (b) the arrears of annual membership fee, due to the Council or to the dissolved company for previous year if any; (c) the annual membership fee for the year in which he seeks restoration, if any; and (d) a restoration fee as specified in Schedule B_ (3) On receipt of his application for restoration of his name in the Register and the dues_ if any, as provided in sub-regulation (2), the Council may restore his name in the Register from the date of removal or from such other date as it deems fit. Provided that the restoration of the name of a person removed under clause (d) of Sub-section (1) or Sub-section (2) of Section 20 shall be effected only in accordance with the orders passed by the Council or the High Court; as the case may be_ (4) On acceptance of application for restoration, the restoration of name in the Register shall be communicated in writing to the person concerned and may also be published in the Journal:] 22 Substituted by the Company Secretaries (Amendment) Regulations_ 2020, Notification No.710/1(MV1, published in the Gazette of India, Extraordinary dated 03-02-2020, for [and]
23 · Substituted by the Company Secretaries (Amendment) Regulations _ 2020, Notification No.710/1(MJ1, published in the Gazette of India_ Extraordinary dated 03-02-2020, for [or the High Court]: 24 Substituted by the Company Secretaries (Amendment) Regulations _ 2020, Notification No.710/1(MJ1, published in the Gazette of India_ Extraordinary dated 03-02-2020, for the following: [(3) The restoration of member's name to the register shall be communicated in writing to him and may also be published in the journal:] 25 Substituted by the Company Secretaries (Amendment) Regulations, 2010, Notification No_ 531:legal:710/1/M/1 , published in the Gazette of India Extraordinary, Part IlI, Section 4, dated 26.07.2010, for the following: [14. Restoration of Certificate of practice (1) member whose certificate of practice has been cancelled may
16 · Information relating to misconduct of members - 29[Applicable to the complaint or information pending before 28 Inserted by the Company Secretaries (Amendment) Regulations, 2010, Notification No. 531:legal:710/1/M/1 , published in the Gazette of India Extraordinary, Part IIl, Section 4, dated 26.07.2010_ 29 Inserted by the Company Secretaries (Amendment) Regulations, 2010_
17 · Time limit for entertaining complaint or information. 3[Applicable to the complaint or information pending before the Council or any inquiry initiated by the Disciplinary Committee or any reference or appeal made to a High Court prior to 17.11.2006.] Save in cases of misconduct involving moral turpitude or in cases instituted by the Central Government or any State Government; the Council may refuse to entertain any complaint or information in respect of misconduct made more than ten years after the same was alleged to have been committed, where the Council is satisfied that there would be difficulty in securing proper evidence of the alleged misconduct or that the member against whom the information has been received or the complaint has been field;, would find it difficult to lead evidence to defend himself on account of the time lag, or that changes have taken place rendering the enquiry procedurally inconvenient or difficult:
18 · Procedure in enquiry before the Disciplinary committee - 31[Applicable to the complaint or information pending before the Council or any inquiry initiated by the Disciplinary Committee or any reference or appeal made to a High Court prior to 17.11.2006]. Notification No. 531:legal:710/1/M/1 , published in the Gazette of India_ Extraordinary, Part IlI, Section 4, dated 26.07.2010_ 30 Inserted by the Company Secretaries (Amendment) Regulations 2010 Notification No. 531:legal:710/1/M/1 , published in the Gazette of India Extraordinary, Part IlI, Section 4, dated 26.07.2010_ 31 Inserted by the Company Secretaries (Amendment) Regulations 2010 Notification No. 531:legal:710/1/M/1 , published in the Gazette of India, Extraordinary, Part IIl, Section 4, dated 26.07.2010_
19 · Procedure in a hearing before the Council - (1) The Council shall consider the report of the Disciplinary Committee and if in its opinion, a further enquiry is necessary, may cause such further enquiry to be made and a further report submitted by the Disciplinary Committee.
19A · Programme of Company Secretaryship Course - The Company Secretaryship Course shall have two programmes, namely: -
32 · Substituted by the Company Secretaries (Amendment) Regulations_ 2020 , Notification No.710/1(MJ1, published in the Gazette of India_ Extraordinary dated 03-02-2020, for the following: Chapter IV Registered Students 20. Conditions for registration
20 · Conditions for registration to the Executive Programme. (1) In order to become eligible for registration as student of Executive Programme, an applicant; who is an Indian
21 · Registration of student and time limit for completing examinations: (1) A person applying to become a registered student shall be registered in accordance with the provisions of these regulations for a period of five years from the month in which his application, complete in all respects, is accepted by the Secretary for registration (2) A_ registered student shall be required to complete the Executive Programme examination and Professional Programme examination within the registration period referred in sub-regulation (1). (3)The registration of a student shall stand terminated on the expiry of said registration period of five years: Provided that he shall be required to keep the validity of registration renewed in terms of regulations 22 and 23 on payment of such fee as may be determined by the Council in order to complete the course or the training or any other requirement or for claiming exemption or for completing formalities required to be eligible to become a member of the Institute.
22 · Registration de novo and re-registration - A student whose registration has been terminated under sub-regulation (3) of regulation 21, may within five years of termination of his registration, apply with such education fee, service charge and other fee, as may be determined by the Council subject to the provisions of regulation 25 in the appropriate form to become a registered student de novo and on his application being accepted by the Secretary, he shall be deemed for all purposes to have been admitted as a fresh registered student except that he shall be entitled to claim exemption, without payment of any exemption fee, from individual subject or group or module of the Executive Programme Examination and Professional Programme Examination, previously secured by him under his former registration with the Institute, as the case may be: Provided that where a student applies after the expiry of five years period from the date of lapse of registration but has passed Intermediate Course or Executive Programme under any syllabus, he may seek re-registration to Professional Programme on the terms and conditions as may be determined by the Council:
23 · Continuation of registration - A_ student who has passed Professional Programme examination and whose registration has been terminated under sub-regulation (3) of regulation 21 shall apply to the Institute for continuation of his registration as a student to complete the course or training or any other training related requirements or exemption thereto on payment of such fee as may be determined by the Council, so as to become entitled to be enrolled as member of the Institute.
24 · Status of registered student - The registration of a person as a student shall neither confer on such person any right of a member nor entitle him to claim
25 · Fees by registered student - (1) A person registered as a student shall be required to pay such fee and other subscription as may be determined by the Council which shall be due and payable to the Institute. (2) AIl other fees payable by an applicant for any examination or for registration as a student or by a registered student for particular services to be rendered to him shall be such as may be determined by the Council:
26 · Examination requirements: (1) A registered student shall be required to comply with such conditions relating to examinations as may be determined by the Council:
27 · . Suspension and cancellation of examination result or registration - In the event of any misconduct by registered student or candidate enrolled for any examination conducted by the Institute, the Council or any Committee formed by the Council in this regard, may suo-moto or on receipt of a complaint, if it is satisfied that; the misconduct is proved after such investigation as it may deem necessary and after giving such student or candidate an opportunity of being heard, suspend or debar him from appearing in any one or more examinations, cancel his examination result; or registration as a student; or debar him from re-registration as a student; or take such action as may be deemed fit: 28. Teaching and training administration - (1) The Institute may determine and arrange for imparting teaching or training or both, for such period as may be determined by it; through postal, class room, electronic mode or any other mode. (2) The Institute for this purpose may establish and operate teaching and training administration by whatever name called, make guidelines and charge such fee as may be determined by the Council: (3) The Institute may determine the criteria for selection and registration of a trainer or an organisation or an entity for imparting training to the students.
33 · Substituted by the Company Secretaries (Amendment) Regulations_ 2020, Notification No.710/1(MJ/1 , published in the Gazette of India, Extraordinary dated 03-02-2020, for the following: [Chapter IVA Corporate Compliance Executive Certificate-ICSI 28A. Corporate Compliance Executive Certificate (1) A registered student of the Institute who has passed the Foundation examination and such papers of the Intermediate Examination or Executive Programme Examination or Executive programme as may be decided by the Council from time to time or exempted therefrom and has completed the training requirements and attended the professional development programmes or such other programmes as may be decided by the Council from time to time may apply for award for the Corporate Compliance Executive Certificate and on his application being accepted by the Secretary and on payment of the requisite fee as may be determined by the Council from time to time, may be awarded Corporate Compliance Executive Certificate of the Institute and shall be entitled to use the descriptive letters Corporate Compliance Executive' (2) The student shall have to complete the course of Corporate Compliance Executive Certificate including the training requirements within the registration period. (3) The person having awarded the Corporate Compliance Executive Certificate may continue to pursue the regular Company Secretaryship course if he so desires_ (4) Except to the extent provided in this Chapter or as decided by the Council from time to time, regulations in Chapter IV and VI relating to Registered Students and Examinations' shall mutatis-mutandis apply to the 'Corporate Compliance Executive Certificate Course (5) A student after having awarded the Corporate Compliance Executive Certificate shall secure such number of Programme Credit Hours (PCSH)
28B · Status of holder of Corporate Compliance Executive Certificate. Nothing contained in this chapter shall apply to a holder of Corporate Compliance Executive Certificate]:
29 · Licentiateship. (1) A person who has completed the Final examination/ or Professional Programme Examination conducted by the dissolved company or the Institute may; within six months from the date of declaration of results in which he has passed the Final Examination or Professional Programme Examination or within six months from the date of commencement of these regulations whichever is later; apply for enrolling him as a licentiate and on his application being accepted by the Secretary and on payment of the requisite annual subscription as may be determined by the Council from time to time, he shall be enrolled as a licentiate of the Institute and shall be entitled to use the descriptive letters 'Licentiate ICSI" to indicate that he has qualified in the Final Examination or Professional Programme Examination of the Institute. (2) A person admitted as a licentiate in any year shall be required to pay only the difference in annual subscription paid by him as a registered student for that year; and the annual subscription payable as a licentiate_ (3) A licentiate shall not ordinarily be eligible to renew his enrolment for more than five years after passing the Final examination or professional programme examination. (4) The Council may condone the delay in applying for licentiateship by any person for reasons to be recorded in writing:
30 · Status of licentiates:-
31 · Examination of Company Secretaryship Course - (1) The Company Secretaryship Examination shall have two stages, namely:- 34 Inserted by the Company Secretaries (Amendment) Regulations, 1985. Notification No. 710.2:(MJ1), published in the Gazette of India, Extraordinary, dated 30.12.85_ 35 Substituted by the Company Secretaries (Amendment) Regulations, 2020, Notifi ion No.710/1(MY1 _ published in the Gazette of India, Extraordinary dated 03-02-2020, for the following: [Chapter VI Examinations 31. Qualifying examination for membership Except as otherwise provided for in the Act or in these regulations,
6 · Company Secretarial Practice; Economic, Labour and Industrial Laws; and 8 Securities Laws and Regulation of Financial Markets (2) Syllabus: The Syllabus for the Executive Programme Examination shall be such as may be approved by the Council from time to time_ (3) Qualifying Marks: a) For both groups: candidate shall be declared to have passed in both groups of the Intermediate Examination or Executive Programme Examination: If taken simultaneously and if he secures at one sitting, a minimum of forty per cent marks in each of the papers in which he is required to appear and fifty per cent marks in the aggregate of all the papers put together; or If he has passed in any one group of Intermediate Examination or Executive Programme Examination held under the syllabus specified in Part-II of Schedule CCA, prior to the commencement of examination under the syllabus specified in Part-II of Schedule CCB and secures at one sitting a minimum of forty per cent marks in each of the remaining papers in which he is required to appear and fifty per cent marks in the aggregate of all such remaining papers put together: (b) For one group: A candidate shall be declared to have passed in group if he secures at one sitting a minimum of forty per cent marks in each subject and fifty per cent marks in the aggregate of all the subjects of that group and shall be declared to have completed the Intermediate Examination or Executive Programme Examination on passing both the groups: Provided that a candidate who has appeared in the subjects of a group_ for which he was required to enroll and has secured sixty per cent or more marks in any subject and a minimum of twenty five per cent marks in each of the remaining subjects of the group but has failed in the group, shall be exempted from that or those subjects in which he secured sixty per cent or more marks; in any subsequent examination on submission of an application in this behalf on or before the last date of enrolment for the examination in which he intends to appear; Provided further that if a candidate who has appeared in all the subjects of the group for which he was enrolled without obtaining any exemption and has failed in one paper comprised in the group, but got a minimum of sixty per cent of the total marks of the remaining subjects of the group shall be declared to have passed in that group if he reappears in the paper in which he had failed and gets fifty per cent marks in any subsequent examination: Explanation: For the purpose of the first proviso, the marks obtained by a candidate in the subject in which he had obtained exemption on the
32 · Refund of examination fee:- Examination Fee once paid by the student shall not be refunded: Provided that where a candidate makes an application to the
33 · Change of examination center; medium and module - Application for change of examination centre, medium or module shall not ordinarily be entertained but in special circumstances where the application for that purpose is received by the Institute at least thirty days before the date of commencement of the examination, the Institute may allow the change on payment of such fee as may be determined by the Council:
34 · Travel concession:- The Institute may on an application made by the student provide a confirmation about the bonafide of such student to facilitate him to secure any travel concession for appearing in the examination of Institute or for any study tour or research tour of the Institute requiring him to travel from his place of residence to the place of examination or study or research in India:
35 · Enrolment for Executive Programme Examination. (1) In order to become eligible for enrolment to the Executive Programme examination , the student shall be required to register himself for Executive Programme at least six calendar months prior to the month in which the examination is to commence, and the like, if the examination commences in December; the candidate registered upto and including month of May of that calendar year shall be allowed in such manner and mode alongwith such examination fee and other requirements, as may be determined by the Council:
36 · Course contents of Executive Programme Examination. (1) The Council shall determine the syllabus, the number of papers and groups or modules for the Executive Programme Examination which shall be published in the Journal or hosted on the website of the Institute. (2) A candidate shall be declared pass in all groups or modules of the Executive Programme Examination, if: taken simultaneously, he secures at one sitting, minimum of forty per cent: marks in each paper in which he is required to appear and fifty per cent: marks in aggregate of all papers put together; or (T) appears in all papers ther than those individual paper(s) or group(s) or module(s) which are exempted on switchover from previous syllabus to new syllabus as per the scheme determined by the Council and secures at one sitting; a minimum of forty per cent: marks in each paper and fifty percent marks in aggregate of all papers put together:
37 · . Exemption from Paper of Executive Programme Examination:_ (1) The Council may determine such individual paper or group or module of the Executive Programme Examination from which exemption may be granted to such candidate who has passed such examination of any university or on reciprocal basis of such professional institute or body in India or abroad, as may be recognised by the Council. (2) The exemption under sub-regulation (1) shall be granted on payment of such exemption fees as may be determined by the Council:
38 · Admission to Professional Programme.- (1) In order to become eligible for admission to Professional Programme, a registered student shall make an application in such Form as may be determined by the Council; along with student registration fee, annual subscription, education fee and such other fee, as may be determined by the Council and submit a proof to the satisfaction of the Council that he has passed the Executive Programme of the Institute or he has been exempted therefrom: (2) A registered student making an application for admission shall obtain an identity card and also give an undertaking that he shall, as a registered student, conduct himself in manner befitting the ideals and standards of the profession of Company Secretaries and shall abide by guidelines and orders of the Institute_ (3) Every registered student whose application for admission is not accepted by the Secretary shall be entitled to a refund of the fee paid by him, subject to deduction of such administrative charges as the Council may determine.
39 · Enrolment for Professional Programme Examination - (1) In order to become eligible for enrolment to the Professional Programme Examination, such student shall be required to register himself for Professional Programme at least six calendar months prior to the month in which the examination is to commence, and the like, if the examination commences in December; the candidate registered upto and including month of May of that calendar year shall be allowed in such manner and mode alongwith such examination fee and other requirements, as may be determined by the Council: Provided that a student may be allowed to appear in one group or module of Professional Programme examination as may be determined by the Council, if he is registered as student at least for a period of four calendar months prior to the month in which the examination is to commence and the like, if the examination commences in December; candidate registered upto and including July of that year shall be allowed. (2) The Institute may conduct pre-exam test before the Professional Programme Examination in such manner and mode as may be determined by the Council: (3) From the date of the notification of these regulations, all the students of the Professional Programme having valid registration prior to date of notification shall be governed by these regulations for all the matters except that for the training provided in Chapter VIB of these regulations
40 · . Course contents of Professional Programme Examination:- (1) The Council shall determine the syllabus, the number of papers and groups or modules for the Professional Programme Examination which shall be published in the Journal or hosted on the website of the Institute. (2) A candidate shall be declared pass in all groups or modules of the Professional Programme Examination, if:
41 · Exemption from papers of Professional Programme Examination:
42 · Examination results:
43 · Revival of exemption in examination: If a candidate applies for and is allowed cancellation of exemption in any paper obtained by him earlier or of result of any group or module of an examination passed by him earlier under any of the regulations, he shall not be eligible for revival of such exemption or the benefit of having passed such group or modules, as the case may be, in any subsequent examination:]
36 · [44, 44A, 44AA, 44B, 45, 46 and 46A
36 · Omitted by Company Secretaries (Amendment) Regulations 2020_ Notification No.710/1(M)/1, published in the Gazette of India_ Extraordinary dated 03-02-2020, for the following: [44. Course contents of Final examination or Professional Programme examination (1) Subjects Students registered effective from date prior to 1st February, 1986 who have passed the Intermediate Examination or Executive Programme Examination held upto and including June, 1989 under the syllabus specified in Part Il of Schedule C and are candidates for the Final Examination or Professional Programme Examination held upto and inclusive of December; 1990 shall be examined in nine subjects comprised in three groups of three subjects_ each as under: GROUP (1) Final Accounting; Costing and Management Accounting; (2) Managerial Economics; (3) Functional Management: GROUP II (4) Industrial and Labour Laws; 5) Economic Legislation; (6) Taxation_ GROUP III Company Law; 8) Company Secretarial Practice; (9) Secretarial Practice (relating to Industrial, Labour; Economic and Tax Laws)]: (2) Syllabus The syllabus for the Final Examination or Professional Programme Examination shall be as specified in Part Il of Schedule C_ Qualifying marks (a) A candidate shall be declared to have passed in all the three groups of the Final Examination or Professional Programme Examination if taken simultaneously without obtaining any exemption. If he secures at one sitting a minimum of forty per cent marks in each subject and fifty per cent marks in the aggregate of all the subjects of all the three groups taken together: (b) candidate shall be declared to have passed in group if he secures at one sitting a minimum of forty per cent marks in each subject and fifty per cent marks in the aggregate of all the subjects of that group and shall be declared to have completed the Final Examination or Professional Programme Examination on passing all the three groups:
38 · '[Chapter VIB
38 · Inserted by the Company Secretaries (Amendment) Regulations_ 2020_ Notification No.710/1(MJ/1, published in the Gazette of India_ Extraordinary dated 03-02-2020.
39 · [Practical Experience and Training Requirements
47 · . Practical Experience and Training: A candidate who has passed the Final Examination or Professional Programme Examination of the Institute shall be required to possess the practical experience and undergo
39 · Amended by the Company Secretaries (Amendment) Regulations_ 1993, Notification No. 710/1/(MJ/1/18, published in the Gazette of India_ Extraordinary, Part Ill, Section 4, dated 2Oth August; 1993 and 24th November; 1993_
41 · Inserted by the Company Secretaries (Amendment) Regulations, 2012 Notification No 710/1/(M)/2 published in the Gazette of India, Extra Ordinary, Part III Section 4 dated 4th June 2012
42 · Substituted by the Company Secretaries (Amendment) Regulations 2001,_ Notification No_ ICSI/710/2/M/26, published in the Gazette of India, Extraordinary, Part III Section 4, dated 1Oth August; 2001 for the following: [49. Management training or apprenticeship after Intermediate examination (1) A candidate who has passed the Intermediate examination of the Institute may commence his management training under clause (b) of Regulation 48 or apprenticeship under clause (c) thereof; with the approval of the Secretary if sufficient companies or practicing company secretaries or firms of practicing company secretaries willing to accept trainees or apprentices as the case may be, are available for the purpose_ (2) practicing company secretary or firm of practicing company secretaries under whom a candidate is required to undergo apprenticeship under clause (c) of Regulation 48 shall be required to be approved by the Council and shall pay a monthly stipend as may be determined by the Council from time to time:]
44 · Substituted by the Company Secretaries (Amendment) Regulations_ 2012 Notification No 710/1/(M)/2 published in the Gazette of India, Extra Ordinary; Part III Section 4 dated 4th June 2012 for the words [Secretarial Modular Training Programme]:
51 · Exemption from undergoing practical training except secretarial training programme. candidate may be exempted from undergoing practical training as specified in clause (a) of Regulation 50 and fifteen days in a specialized agency as specified in clause (b) of Regulation 50, if he possesses one year's experience as assistant secretary or any post higher thereto, in the secretarial department in a company or a body corporate having paid-up Share capital and reserves of not less than rupees twenty-five lakhs or any Organisation having gross fixed assets of not less than rupees fifty lakhs including any public sector undertaking, autonomous body, financial institution of bank which in the opinion of the Council, provides scope for acquiring sufficient professional experience.
52 · Partial exemption from undergoing practical training: A candidate who has acquired practical experience as specified in 46[clause (a)] of Regulation 48 may be exempted, for a maximum period of one month in any one of the three areas of Practical Training specified in clause (a) Regulation 50 and for a maximum period of fifteen days in a specialized agency as specified in clause (b) of Regulation 50, provided he gives documentary evidence
45 · Ibid: 46 The following was omitted by the Company Secretaries (Amendment) Regulation, 2001, Notification No. ICSI/710/2/M/26 , published in the Gazette of India, Extraordinary; Part III Section 4, dated 1Oth August; 2001: [of sub-regulation (1)]:
53 · Exceptions - (1) (Since deleted) (2) Any person not falling in all or any respects with regard to practical experience and practical training requirements as specified in the Regulations 48, 51 and 52, but claims to have acquired practical experience and undergone practical training, equivalent to those specified under these regulations may apply for full or partial exemption from acquiring practical experience or undergoing practical training as the case may be and the Council may determine each case for partial or total exemption taking into account the evidence produced by such person or after interviewing him:
54 · Requirement of certificate of experience and practical training by members of the Institute_ Every applicant claiming to have acquired the necessary practical experience and undergone the prescribed practical training, shall be required to obtain certificate from at least two members having a standing of three years, membership as approved by the Council, certifying that in the opinion of the certifying members, the candidate is a fit and appropriate person to be admitted to the Associate Membership of the Institute.
55 · Proof of Practical experience and training:- A candidate, who possesses the requisite practical experience and has undergone the requisite practical training or has been exempted therefrom as provided in these regulations, shall be required to produce necessary documentary proof to the satisfaction of the Council along with his application in the appropriate form for Associate Membership.
55B · Specialised and Advanced Courses and Examinations_ The Institute may conduct one or more such specialised and advanced courses as it may consider useful for the professional development of students and members, impart practical or theoretical course, conduct examination for subjects of such specialised and advanced courses and award certificate or diploma in such manner as may be determined by the Council:
50 · Inserted by the Company Secretaries (Amendment) Regulations_ 2014 Notification No: 710/1/(M) (1) published in the Gazette of India, Extraordinary Part III Section 4 dated 1.4.2014_ 51 Substituted by the Company Secretaries (Amendment) Regulations, 2020, Notification No.710/1(MJ1, published in the Gazette of India,
55C · . Award of Diploma and Certificate for Specialised and Advanced Course Examination: A candidate successfully completing the specialised and advanced course shall be awarded a Diploma or Certificate as may be determined by the Council and he shall be entitled to use such description as may be determined by the Council in respect of such Diploma or Certificate.
55D · Refresher Course.
52 · Omitted by Company Secretaries (Amendment) Regulations, 2020_ Notification No.710/1(M)/1 , published in the Gazette of India_ Extraordinary dated 03-02-2020. 55E. Advisory Board The Committee may appoint an advisory board consisting of not more than seven persons to advise the Committee on the matters relating to the syllabus, examinations, dissertation or project report and any other matter relating to Post Membership Qualification Course_ as might be referred to it by the Committee_ 55F. Admission to Post Membership Qualification Course (1) No candidate shall be admitted to the Post Membership Qualification Course unless he is member at the time of admission to the said course_ (2) Any candidate applying for admission to the Post Membership Qualification Course shall be required to apply in the appropriate form along with the registration fee annual fee, applicable and other fees as determined by the Council from time to time in respect of services to be rendered: 55G_ Time limit for completing Post Membership Qualification Course (1) Registration period: Every candidate applying for admission to the Post Membership Qualification Course shall be registered in accordance with regulations under this Chapter for period of five years from the month in which his application, complete in all respects, is accepted by the Institute for registration. (2) Time limit for completing examination: A candidate registered for the course under sub-regulation () shall be required to complete the examination and submit dissertation or project report; as the case may be, within the registration period: (3) Termination of registration: The registration of candidate shall terminate on the expiry of five years or at the end of the year in which the said candidate has successfully completed the Post Membership Qualification Course, whichever is earlier;
87S · Declaration of results The name of the candidates elected shall be declared on the date fixed for declaration of results and shall be communicated individually to all candidates who stood for election by registered post and shall also be notified in the Journal_ 87T. Election not to be invalid due to accidental omission etc_ No election shall be deemed to be invalid merely by reason of any accidental irregularity or informality in the conduct of the election_ including accidental omission to send or delay in sending the voting paper to voter or the accidental non receipt of, delay in receipt of voting paper; by a voter: 87U. Decision of the Returning Officer to be final The decision of the Returning Officer pertaining to conduct of election shall, subject to Regulation 87V, be final not only in respect of all matters concerning the interpretation of these regulations but also in respect of the procedures adopted and not specifically covered by these regulations. 87V. Dispute on election matters (1) An application by any aggrieved candidate against the decision of the panel on the validity of nominations or the Returning Officer on the declaration of election results, or any other matter relating to or incidental thereto, which is material to the conduct of election shall be made to the Council within thirty days from the date of declaration of the results of an election and the Council shall refer the dispute to a Tribunal appointed by the Central Government under Sub-section (2) of Section 10 (2) At the time of giving its decision, the Tribunal may pass such order as to costs as it may consider appropriate_ (3) If the Tribunal is satisfied that an application made under Sub-section (2) of Section 10 was frivolous or not founded on any valid ground, it may award costs to the Council: 87W: Disciplinary action against member in connection with the conduct of election (1) A member shall be liable to disciplinary action by the Council if, in connection with an election to the Council of the Institute, he is found to have contravened the provisions of all or any of the clauses (a), (b), (c); (d), (e), or (f) , of sub-regulation(2). (2) A candidate can issue one circular letter giving positive aspects of his candidature including his qualifications and contributions to the profession The circular issued in connection with an election to the Council shall conform to the following requirements or guidelines as may be issued by the Council in respect of the election in the interests of maintaining dignity in the election, namely:- (a) such circular must be sent by registered post by the candidate to the Secretary by name for information and record within ten days of its issue by him to voters;
89 · Special meeting of Council - A special meeting of the Council may at any time be called by the President or in his absence by the Vice-President or at the request in writing addressed to the Secretary by not less than one-fourth of the members of the Council for the time being:
90 · Notice of Council meeting - (1) Notice of the time and place of every meeting shall be sent to the registered address of every member of the Council ordinarily not less than seven days before such meeting and such notice shall, so far as practicable, contain a statement of the business to be transacted thereof, provided that in the case of a special meeting, the President may inform the members at the meeting of the subject matter for discussion. (2) Notwithstanding anything contained in sub-regulation (1) a special meeting called under Regulation 89 may be convened giving such shorter notice as circumstances may permit: 91. Advancement or postponement of meetings - Any meeting of the Council, convened to be held at a particular date or dates, may be advanced or postponed by the President to a specific date or dates, not exceeding thirty days from the date originally determined for the meeting, if in his opinion such advancement or postponement is warranted, which may also include change of time and place of the meeting: Notice of changes of such a meeting shall be sent to the registered addresses of every member of the Council not less than five days before the date fixed for the advanced meeting of before holding of the postponed meeting: The business to be transacted at that meeting shall be the same as was intended for the original meeting unless, any other business is admitted by the Chairman at that meeting:
92 · Chairman of the Council -
96 · Record of minutes.-
100 · . Examination Committee._ The Examination Committee shall perform the following functions, namely: (a) holding of the examinations and admission of candidates thereto_ determination of examination centres, appointments of superintendents of examinations and others for each center and fixation of their remuneration thereto, moderation of question papers and results, declaration of results and all connected matters in regard to holding of examinations; (b) maintenance of lists of approved paper setters, examiners and moderators for appointment at each examination to set up or moderate question papers and to value or moderate answer books and fixation of their remuneration thereto. (c) maintenance of proper discipline in relation to the Institute of all registered students, licentiates and candidates enrolled for the examination; (d) maintenance of proper standard and conduct of examinations in general; (e) framing of such schemes for award of merit scholarship, Merit-cum-means assistance , prize, award and loans to students pursuing Foundation,
101 · Disciplinary Committee. s8[Applicable to the complaint or information pending before the Council or any inquiry initiated by the Disciplinary Committee or any reference or appeal made to a High Court prior to 17.11.2006.] (1) The Disciplinary Committee shall perform the functions relating to enquiry of all complaints and information against members of the Institute, conduct of all enquiries in regard to misconduct of members and submit its reports to the Council as referred to it from time to time by the Council in accordance with the procedure as prescribed in the Act and these regulations. (2) It shall have power to regulate its procedure in such manner as its considers necessary from time to time.
103 · Professional Research and Publication Committee.
104 · Journal Committee: - 59 'Omitted
105 · Professional Development Committee. The Professional Development Committee shall perform the following function namely: (a) keeping in constant touch with the various professional and public bodies including Central and State Governments with a view to furthering the esteem of the profession of Company Secretaries; (b) making representations to the Central and State Government in connection with professional matters with a view to raising the standard and status of the profession; (c) organizing on its own or in collaboration with other professional bodies and management development institutions or through Regional Councils or Chapters various professional development programmes including meetings, talks and lectures, regional conferences, seminars, symposia and annual conventions for the acquisition and dissemination of professional knowledge to the members and others and to determine the fees to be charged for participation in such professional development programmes;
59 · Omitted by the Company Secretaries (Amendment) Regulation, 2010_ Notification No. 531:Legal:71O/1/M/1, published in the Gazette of India, Extraordinary; Part IIl, Section 4 dated 26.07.2010 [104. Journal Committee The Journal Committee shall perform all functions for the publication of the journal, and for the maintenance of proper standard and quality thereof:]
60 · Inserted by the Company Secretaries (Amendment) Regulations 2020, Notification No.710/1(MJ/1, published in the Gazette of India_ Extraordinary dated 03-02-2020.
105B · Constitution and Functions of the Academic Committee._
7 · The Academic Committee shall meet as and when required, however; at least one meeting shall be held on half yearly basis and there shall be gap of atleast four months between two meetings: (8) The quorum of the Academic Committee shall not be less than one third of the total members of the Committee. (9) A member who has any pecuniary interest or perceived to have any pecuniary interest; direct or indirect, in any matter which is brought up for consideration of the Academic Committee, shall disclose the nature of his interest in such matter and such disclosure shall be recorded in the proceedings of the Committee. (10)The member referred to in sub-regulation (9), shall not take any part in any deliberation or decision of the Committee on such matter
106 · Council's power to review and to delegate not affected:
107 · . Time and place of meeting of Committees: (1) The Chairman of a Committee may at any time and shall, on a written requisition by any two members of the Committee, call a meeting of the Committee: (2) The meeting of a Committee shall be held at such place and such time as its Chairman may direct: (3) A notice of not less than five days of every such meeting shall ordinarily be given to every member of the Committee (4 Any meeting of a Committee which is called to be held on particular date or dates may be postponed by the Chairman of the Committee to a subsequent date or dates if in his opinion such postponement is warranted which may also include change of time and place of the meeting: Notice of the postponed meeting shall ordinarily be sent not less than five days before such postponed meeting to the registered address of every member of the Committee_ The business to be transacted at the postponed meeting shall be the same as was intended for the original meeting unless any other business is admitted by the Chairman of the postponed meeting:
108 · Quorum: - No business shall be transacted at a meeting of a Committee unless there are present at least three members in the case of the Executive Committee, and two members in other cases, including the Chairman, provided that in the case of Committees formed under Sub-section (2) of Section 17 , the Council shall determine the quorum for the Committee. In the event of there being no quorum within half an hour of the time fixed for the meeting, the meeting shall stand adjourned to a date, time and place as may be specified by the Chairman of the Committee. Provided that; if at the adjourned meeting of the Committee also, quorum is not present; the member or members present at such adjourned meeting shall constitute the quorum to transact the business intended to be transacted at the original meeting:
109 · Procedure for transaction of business: (1) The business of a Committee shall ordinarily be transacted at a meeting of Committee, provided that the Chairman may in emergent circumstances, authorize circulation of resolution with relevant papers among the members of the Committee for decision on any question: Provided further that; where not less than two members of the Committee require that any resolution under circulation should be decided at a meeting the Chairman shall withdraw the resolution from circulation and have the question decided at a meeting of the Committee. (2) No decision shall ordinarily be arrived at on any resolution circulated among the members of the Committee before the expiry of seven days from the date of circulation of the resolution or before the receipt of response from all the members of the Committee for the time being in India, whichever is earlier:
110 · Casting vote_ AII questions before a Committee shall be decided by majority in the case of difference of opinion on any matter: In the event of equality of votes, the Chairman shall have a casting vote in addition to his original vote.
112 · Regional register of members: (1) Every regional Council shall maintain a regional register of members in which shall be entered the names and
113 · Functions of the regional councils: The Regional Councils shall advise and assist the council in carrying out the provisions of the Act in particular and without prejudice to the generality of the foregoing; the Regional Council may (a) provide facilities for the members and students of the Institute in its region for regular meetings, talks and lectures and for the acquisition and dissemination of useful information and updating of professional knowledge on subjects of interest to the profession of Company Secretaries; (b) advise the Council on all matters referred to it by the Council and offer such other help as may be required: (c) make representations to the Council in connection with matter of professional and business interest and offer suggestions for raising the standard and status of the profession; (d) 61[x x xxxx]
61 · . The following clauses were omitted by the Company Secretaries (Amendment) Regulations; 1985_ Notification No. 710.2:(M)(1) , published in the Gazette of India, Extraordinary, dated 30.12.85 [(d) maintain regional register of members and register of students in the region as may be necessary;] [(e) supply information to members, students or to the prospective candidates for examination;] [(g) collect news and articles from the members on subject of interest to the profession for publication in the Journal;]
116 · Eligibility to vote in and stand for election - 6sOmitted:
117 · Vacancies: (1) A member of a Regional Council may at any time resign his membership by writing under his hand addressed to the Chairman of the Regional Council and the seat of such member shall become vacant when such resignation is notified in the Journal or when the Regional Council next meets , whichever is earlier: 66[(2) An elected member of a Regional Council who has
65 · Omitted by the Company Secretaries (Amendment) Regulation, 1988_ Notification No_ 531:Legal:710/1/M/1, published in the Gazette of India, Extraordinary, Part IlI, Section 4 dated 26.07.2010 116. Eligibility to vote in and stand for election (1) Subject to the other provisions or these regulations; every Associate or Fellow shall be entitled to vote in and stand for election to the Regional Council which according to his professional address he belonged to for at least ninety days prior to the date on which the notification calling for nominations is published: Provided his entrance fee, annual membership fee and other dues for and in respect of the year previous to that in which the election is held are not in arrears_ Provided further that member in the region whose name stands removed from the register maintained by the Council [on the date of poll] shall not be eligible either to vote in or stand for the election notwithstanding the fact that his name has been published in the list of voters, andlor list of candidates, as the case may be_ (2) Every candidate standing for election to the respective Regional Council shall alongwith the nomination papers pay at the headquarter office a fee of not exceeding rupees two thousand five hundred as may be notified by the Council before each election in cash or by demand draft which shall not be refundable under any circumstances except in the event of the rejections of his nomination 66 Substituted by the Company Secretaries (Amendment) Regulations, 2010, Notification No. 531:legal:710/1/M/1 , published in the Gazette of India, Extraordinary, Part IlI, Section 4, dated 26.07.2010, for the following: [(2) An elected member of a Regional Council who does not attend three consecutive meeting of the Regional council or Committees thereof shall be deemed to have vacated office at the conclusion of the third meeting unless he applies for leave of absence in writing and it is granted for each meeting:]
68 · [118. Duration of office -
119 · Proceedings of the Regional Council - (1) One-third of the members of the Regional Council for the time being shall constitute the quorum: 69[(2) Every Regional Council shall at its first meeting held after its constitution and in subsequent years at a meeting to he held in December of every year elect from amongst its members a Chairman; a Vice-Chairman; a Secretary and Treasurer thereof to hold office for period commencing 68 Substituted by the Company Secretaries (Amendment) Regulations, 2010_ Notification No_ 531:legal:710/1/M/1 , published in the Gazette of India Extraordinary, Part IlI, Section 4, dated 26.07.2010, for the following: 118. Duration of office (1) The duration of office of a Regional Council shall ordinarily be three years from the date of its constitution, which shall be specified by the Council by a notification in this behalf in the Journal. Provided that the Council may; if in its opinion circumstances sO warrant; extend or shorten the duration of a Regional Council by a like notification_ (2) On the expiry of the duration of a Regional Council a new Regional Council shall be constituted in the manner provided in these regulations_ 69 Substituted by the Company Secretaries (Amendment) Regulations 1985, Notification No. 710.2:(MJ(1), published in the Gazette of India, Extraordinary, dated 30.12.85 for the following: [(2) Every Regional Council shall at its first meeting, of the Regional Council after the annual general meeting of the regional constituency; elect from amongst its members a Chairman, Vice-Chairman, a Secretary and a treasurer thereof; and so often as any of those offices become vacant the Regional Council shall elect another person from amongst its members to hold that office. The said office bearers shall hold office until the first meeting of the Regional Council immediately following the next annual general meeting of the regional constituency:]
121 · Chief executive authority - The Chairman of the Regional Council shall be the chief executive authority of the Regional Council. 70 The following was omitted by the Company Secretaries (Amendment) Regulations, 1985, Notification No.710.2(MJ1), published in the Gazette of India: Extraordinary, dated 30.12.85: [or from the date of the annual general meeting of the regional constituency, As the case may be]
122 · Functions of the Secretary and the Treasurer:- The Secretary of the Regional Council shall be responsible for the performance of general duties of the office of the Regional Council under the direction of the Chairman: The Secretary of the Regional Council may, if there is no Treasurer; act as Treasurer: The Treasurer shall cause proper accounts to be maintained of the moneys received and expended and of the assets and liabilities of the Regional Council:
123 · Continuance in office:-
124 · Appointment of staff,- Subject to the prior approval of the President; a Regional Council may appoint such staff for its office as it may from time to time consider necessary for the purpose of carrying out its function:
125 · Committee of the Regional Council - A Regional Council shall constitute such Committees as the Council may direct and may constitute such other Committees as it deems necessary for the purpose of carrying out the functions entrusted to the Regional Council:
126 · Chairman of the Committee:
127 · . Term of office of Committee:
128 · Finance and accounts of Regional Council - (1) No Regional Council shall borrow money without the prior approval of the Council: (2) In addition to the annual subscription allocated to the Regional Council by the Council and any further grants-in- aid that the Council may make to it, Regional Council may raise, on a voluntary basis, such additional subscriptions and fees in respect of any particular activity from the participating persons as it may deem necessary, accept donations and raise funds in any other manner as it deems necessary with the prior approval of the President.
71 · Substituted by the Company Secretaries (Amendment) Regulations _ 1985, Notification No_ 710.2(MJ(1) , published in the Gazette of India: Extraordinary dated 30.12.85 for the following [Every member of a Committee shall hold office until the first meeting of the Regional council held after the next annual general meeting of the regional constituency; but subject to him being a member of the Regional Council, he shall be eligible for re-election to the Committee_ Provided that; a committee constituted for a specific purpose shall stand dissolved on the completion of the assignment and every members of such Committee shall hold office until such dissolution:]
129 · Expenditure from fund - The funds of a Regional council shall be employed for such purposes as may from time to time be sanctioned by the Regional Council: Provided, that no funds shall be applied either directly or indirectly, for payments to the members of the Regional Council except for reimbursing them for any expenses actually incurred by them in connection with the activities of the Regional Council concerned:
130 · Audit -
133 · Extraordinary general meeting:- (1) A Regional Council may; as often, as it considers necessary, and shall on the requisition made in writing by at least one-fifth of the total number of members born on the regional register convene an extraordinary general meeting and any such requisition shall- (a) specify the object for which the meeting is called, (b) be signed by the members making the same, and (c) be delivered at the office of the Regional Council: (2) When a requisition is made under sub-regulation (1), the Regional Council shall convene an extraordinary general meeting within six weeks from the receipt of such requisition: 134. Notice of meeting: Not less than fourteen days, notice of every general meeting specifying the date , place, hour and business of such meeting shall be given to all the members as appearing on the regional register of members, to the auditor of the Regional Council and the Secretary:
135 · Notice of proposals - Any members borne on the regional register may propose any resolution for the consideration of a general meeting by giving not less than ten days' notice in that behalf; addressed to the Secretary of the Regional Council:
136 · Chairman:- The Chairman or in his absence, the Vice-Chairman of
138 · Adjournment - If, within half an hour from the time appointed for the general meeting a quorum is not present; the meeting if convened upon the requisition of members, shall stand dissolved, and in any other case stand adjourned to the same day in the next week at the same time and place, and at every such adjourned meeting, the members present at the meeting shall constitute the quorum to transact the business which would have been transacted at the original meeting:
139 · Voting at general meeting: (1) No person shall be entitled to vote at the meeting of the members of the regional constituency unless his name is borne on the regional register and he is not in default toward payment of his annual fees. (2) Every member present at a general meeting shall have one vote and no voting by proxy shall be allowed:
140 · Decisions to be by majority: The decision at any general meeting shall be taken by the majority of members, present and voting on any resolution.
141 · Dissolution of the Regional Council - (1) Notwithstanding anything contained in these regulations, the Council-
143 · Notification with Journal:-
144 · Functioning of Chapters " Chapter at all times shall function subject to the control, supervision and direction of the Council through the Regional Council within whose jurisdiction the Chapter is situate and shall carry out such directions as may, from time to time, be issued by the Council or the relevant Regional Council: 145. Dissolution/Reconstruction of Chapter - The Council; may at any time, if it considers necessary so to do, dissolve andlor reconstitute a Chapter:
146 · Location of the office of the Institute_ The office of the Institute shall be located in the Union Territory of Delhi:
147 · . Administration of the Institute.
148 · Custody of common seal - The common seal of the Institute shall be in the custody of the Secretary:
149 · Affixing common seal - All instruments on which the common seal is required to be affixed by or under any law shall be so affixed with the previous authority of the Council and countersigned by the Secretary: 74[149A Preparation of Budget:: (1) Before the beginning of the next financial year; the Secretary shall cause the annual financial statement (the Budget) prepared including therein all anticipated income and expenditure for the financial year and place the same before the Council for approval (2) The Secretary shall take into consideration the requirements of the Regional Council and Chapters while preparing the annual financial statement (the Budget): (3) The Council shall consider the annual financial statement (the Budget) placed before it and shall approve the same with or without modification before the commencement of the next financial year:]
72 · Inserted by the Company Secretaries (Amendment) Regulations 2012 Notification No. 531:legal:710/1/M/1 , published in the Gazette of India, Extraordinary, Part IIl, Section 4, dated 04.06.2012
153 · Auditor's remuneration: The Council shall determine the remuneration, if any, to be paid to the auditor: 75 Substituted by the Company Secretaries (Amendment) Regulations, 2010_ Notification No. 531.legal:710/1/M/1 , published in the Gazette of India, Extraordinary; Part IIl, Section 4, dated 26.7.2010 for the following [152. Appointment of auditor and his retirement (1) The auditor shall be elected at each Annual Meeting of the Council from amongst Chartered Accountants who have been duly nominated by two members of the Council; each such nomination shall be signed by members nominating and by the candidate, and shall be deposited at the office of the Council at least three days before the meeting: The auditor who is in office shall be deemed to be nominated at each annual Meeting unless he has intimated to the Secretary his desire not to be re-elected_ Notwithstanding anything herein contained the first auditor appointed by the Council at its first meeting held after the commencement of the Act shall hold office until the first Annual Meeting of the Council: (2) The auditor shall retire at the conclusion of the Annual Meeting of the Council next after the meeting at which he has elected, but shall be eligible for re-election:]
76 · Substituted by the Company Secretaries (Amendment) Regulations, 2010_ Notification No. 531:legal:710/1/M/1 , published in the Gazette of India, Extraordinary, Part III, Section 4, dated 26.7.2010 for the following [154. Auditor's vacancy in office In the event of any vacancy occurring in the office of auditor before the expiry of his term of office in the normal course or in the event of a vacancy not being filled up at any Annual Meeting the said vacancy may be filled by the Council and the auditor so appointed by the Council shall hold office until the conclusion of the next Annual Meeting, but shall be eligible for election: Provided that; during the period of such vacancy the continuing auditor; if any, may act:] 77 Inserted by the Company Secretaries (Amendment) Regulations 2010 Notification No. 531:legal:710/1/M/1 , published in the Gazette of India, Extraordinary, Part IIl, Section 4, dated 26.7.2010_
4 · The budget for revenue items shall provide anticipated income and proposed expenditure for the forthcoming year in relation to, apart from the other items, in respect of distance education, examination, services to members and salary and establishment. (5) The budget so approved may be revised during the year to incorporate the expected changes. (6) The auditors of the Council shall also compare the actual income and expenditure with the budget estimates approved by the Council and submit report to the Council on the material departures:]
78 · Substituted by the Company Secretaries (Amendment) Regulations, 2010 Notification No: 531:legal:710/1/M/1 , published in the Gazette of India, Extraordinary; Part IIl, Section 4, dated 26.7.2010 for the following [155. Publication and circulation of audited accounts and Council report The Council shall cause to be published in the Gazette of India a copy of the audited accounts and the report of the Council for that year and shall forward copies of the said accounts and its report to the Central Government, and to all members in pursuance of Sub-section (5) of Section 18 of the Act; on or before the thirtieth day f September of the year next following:]
156 · Powers and duties of the President and Vice - President - (1) The President shall exercise such powers and perform such duties as are conferred on or vested in him by the Act or these regulations, or as may be delegated to him by the Council from time to time (2) The President may direct any business to be brought before the Council or any Committee for consideration: If the office of the President is vacant or if the President; for any reason, is unable to exercise the powers or duties of his office, the Vice-President shall act in his place and shall exercise the powers and perform the duties of the President: 157 . Powers and duties of the Secretary:- Subject to the general supervision of the President or the relevant Standing Committee, the Secretary shall exercise and perform, in addition to the powers and duties specified by the Act or in these regulations, the following powers and duties, namely;- (a) being incharge of the office of the Institute as its executive head, managing it and attending to all correspondence; 79 Inserted by the Company Secretaries (Amendment) Regulations 2012 Notification No. 531:legal:710/1/M/1 , published in the Gazette of India, Extraordinary, Part IIl, Section 4, dated 04.06.2012_
158 · Indemnity from losses and expenses: The members of the Council; the Auditor; the Secretary and other officers of the Institute shall be indemnified by the Institute against all losses and expenses incurred by them in the bona fide discharge of their respective duties.
159 · Issue of duplicate certificates - (1) In the event of the loss by the holder of certificate issued in any of the appropriate forms, the Council may, on an application made in this behalf;, duly supported by an affidavit of the applicant to the effect that he was in possession of such a certificate and had lost it; issue a duplicate thereof to him on payment of a fee of 8 [rupees two hundred] for a 80 Inserted by the Company Secretaries (Amendment) Regulations_ 2012 Notification No_ 531:legal:710/1/M/1 , published in the Gazette of India Extraordinary, Part IlI, Section 4, dated 04.06.2012 81 Substituted by the Company Secretaries (Amendment) Regulations, 2020, Notification No.710/1(MV1, published in the Gazette of India_ Extraordinary dated 03-02-2020, for [rupees twenty]:
160 · . Service of notices _
82 · Substituted by the Company Secretaries (Amendment) Regulations 2020_ Notification No.710/1(MJ1, published in the Gazette of India, Extraordinary dated 03-02-2020, for [rupees ten]: 83 Inserted by the Company Secretaries (Amendment) Regulations 2020, Notification No.710/1(MJ1, published in the Gazette of India_ Extraordinary dated 03-02-2020. 84 Substituted by the Company Secretaries (Amendment) Regulations 2020, Notification No.710/1(MJ1, published in the Gazette of India_ Extraordinary dated 03-02-2020, for the following: [(2) To institute-Any documents or official communication to be served on the Institute or an officer of the Institute including President, Vice - President or the Secretary; shall be addressed to the office by post under a certificate of posting or by registered post or by delivering it at the office of the Institute at Delhi]:
162 · Members to supply information - For the purpose of publication of the list referred to in Regulation 161 the Council may require the members to supply any information regarding their present address, place of business, partners, whether practising or not, and such other particulars as may be deemed necessary: If the members fail to supply the information in time, the list may be drawn on such information as the Council may possess_
163 · Branch office_
164 · Offices not in-charge of members: Where a Company Secretary in practice or a firm of such Company Secretaries has any office in India at the commencement of the Act which is not in separate charge of a member; he or it shall take steps within three months from the date of commencement of these regulations to regularise the position by obtaining exemption from the Council or otherwise:
165 · Particulars of offices and firms:- (1) Every Company Secretary in practice and every firm of such Company Secretaries shall submit to the Council in the appropriate form the particulars of his office or that of the firm within three months from the date of commencement of these regulations or the commencement of practice or formation of the firm, as the case may be, whichever is later: Any subsequent change in the particulars submitted shall be sent SO as to reach the Council within thirty days after the change was effected.
166 · Particulars of nationality and domicile:- Every member shall submit to the Council particulars regarding his nationality and domicile and shall also intimate to the Council any subsequent change in such particulars not later than thirty days from the date of such change.
167 · . Place of business of practising member in India - It shall be obligatory on every member in practice to have place of business in India in his own charge or in charge of another member: Particulars of such place of business shall be supplied by the member to the Council initially and whenever there is a change of such place of business within thirty days of such change: Provided that the Council may, in the case of a person not covered by the proviso to Sub-section (1) to Section 4, allow member to specify a place of business in India (whether he has business in India or not) which is neither in his own charge nor incharge of another member of the Institute , and in that event, such place shall be deemed to be the place of business for the purposes of Section 19 and his professional address for purposes of 87[sub-regulation (1) or Regulation 62].
86 · Inserted by the Company Secretaries (Amendment) Regulations 2020, Notification No.710/1(MJ1, published in the Gazette of India_ Extraordinary dated 03-02-2020. 87 Substituted by the Company Secretaries (Amendment) Regulation, 1988_ Notification No. 531:Legal:710(2JM)(2) , published in the Gazette of India,
168 · Company Secretaries in practice not to engage in any other business or occupation (1) A Company Secretary in practice shall not engage in any business or occupation other than the profession of Company Secretary unless it is permitted by a general or specific resolution of the Council: Provided that a Company Secretary in practice who at the commencement of the Act was engaged in any business or occupation other than the profession of Company Secretary may continue to engage himself in such business or occupation for a period of six months from the commencement of these regulations. (2) Without prejudice to the discretion vested in the Council in this behalf; a Company Secretary in practice may act as a secretary, trustee, executor; administrator; arbitrator; receiver; appraiser; valuer; internal auditor; management auditor; management consultant or as representative on financial matters including taxation and may take up an appointment that may be made by the Central or any State Government; Court of Law, Labour Tribunals, or any other statutory authority:
89 · Inserted by the Company Secretaries (Amendment) Regulations 2010 Notification No. 531:legal:710/1/M/1 , published in the Gazette of India, Extraordinary, Part IIl, Section 4, dated 26.7.2010_
90 · Substituted by the Company Secretaries (Amendment) Regulations_ 1985 Notification No.710.2(MJ(1), published in the Gazette of India Extraordinary, dated 30.12.1985 for the following: [169. Company Secretaries to practice only in their individual names No Company Secretary who is not partner of a firm of Company Secretaries shall practice under any name or style other than his own name except with the prior approval of the Council] 91 Inserted by the Company Secretaries (Amendment) Regulations 2020, Notification No.710/1(MJ1, published in the Gazette of India_ Extraordinary dated 03-02-2020. 92 Inserted by the Company Secretaries (Amendment) Regulations 2020_ Notification No.710/1(MJ/1 , published in the Gazette of India, Extraordinary dated 03-02-2020. 93 Inserted by the Company Secretaries (Amendment) Regulations 2020, Notification No.710/1(MJ/1, published in the Gazette of India_ Extraordinary dated 03-02-2020
170 · Constitution or reconstitution of firms to require Council's approval - (1) After the commencement of these regulations no firm of Company Secretaries shall be constituted or reconstituted except with the prior approval of the Council. (2) The Council shall not refuse to accord approval to the constitution or reconstitution of a firm under sub-regulation (1) unless it is of the opinion that the terms of the partnership agreement permit directly or indirectly, the doing of anything by the firm or any partner thereof which amounts to professional misconduct in relation to a Company Secretary in practice, or that the terms and conditions of the proposed partnership are not fair and reasonable or that; having regard to the circumstances of the cases, the constitution or reconstitution of the proposed partnership would not be in the interests of the general public: 94[(3) omitted 94 The following sub-regulations were omitted by the Company Secretaries (Amendment) Regulations, 1985, Notification No. 710.2:(M)(1) , published in the Gazette of India: Extraordinary dated 30.12.85: [(3) The Council may; at its discretion, refuse to register; the name of a firm if that name is already used by Company Secretary in practice
171 · Power to charge fees - The rates and extent of all other fees payable under these regulations other than those specified in Schedule B shall be determined by the Council from time to time by resolution: 95[172. Mode of payment of fees - All fees and other dues payable to the Institute shall be paid or remitted in favour of "The Institute of Company Secretaries of India" , through such modes as may be determined by the Council]:
173 · Power to withdraw or cancel certificate: - Any certificate issued under the authority of the Council on the strength of incorrect;, misleading or false information, or by mistake or inadvertence , may be withdrawn or treated as cancelled after giving a reasonable opportunity or notice to the person concerned to state his case_
174 · Power to remove difficulties: - 96[If any difficulty arises in giving effect to the provisions of the Company Secretaries (Amendment) Regulations, 2001 in so far as it relates to the switch over from the syllabus contained in Schedule C or Schedule CC or Schedule CCA to the syllabus contained in Schedule CCB of these regulations, the Council may by general or specific resolution, do anything not inconsistent with these regulations which appear to it to be necessary or expedient for the purpose of removing the difficulty:]
96 · Substituted by the Company Secretaries (Amendment) Regulations_ 2001,_ Notification No_ ICSI/710/2/M/26, published in the Gazette of India; Extraordinary, Part III Section 4, dated 1Oth August 2001 for the following: [If any difficulty arises in giving effect to the provisions of the Company Secretaries (Amendment) Regulation, 1985 in so far as it relates to the switchover from the syllabus contained in Schedule C to the syllable contained in Schedule CC of these regulations the Council may by general or specific resolution and with the approval of the Central Government; do anything not inconsistent with these regulations which appear to it to be necessary or expedient for the purpose of removing the difficulty:]
97 · [(c) Mobile No.
10 · Change of address, if any 11. Particulars of fees received
12 · Remarks
97 · Inserted by the Company Secretaries (Amendment) Regulations 2020_ Notification No.710/1(MJ/1 , published in the Gazette of India, Extraordinary dated 03-02-2020. 98 Omitted by Company Secretaries (Amendment) Regulations, 2020 Notification No.710/1(M)/1, published in the Gazette of India_ Extraordinary dated 03-02-2020.
99 · Inserted by the Company Secretaries (Amendment) Regulations, 2012 Notification No 710/1/(M)/2 published in the Gazette of India, Extra Ordinary, Part III Section 4 dated 4th June 2012. 100 Omitted by Company Secretaries (Amendment) Regulations, 2020_ Notification No.710/1(M)/1 _ published in the Gazette of India_ Extraordinary dated 03-02-2020.
12 ·
14 ·
15 ·
16 ·
17 · .
1 · .
03 · months (or as required) Practical Training Completion Certificate along copy of letter granting exemption from 12 months or more training: 15 days specialised Training Completion Certificate with ROCI Stock Exchange FI etc. OR
10 ·
1 · Submitted for (tick whichever is applicable): (a) Issue# (b) Renewal (c) Restoration # Completion of Orientation Programme is a pre-requisite for issuance of Certificate of Practice as per theCompany Secretaries (Amendment) Regulations, 2020 2 (a) Particulars of Certificate of Practice issued surrendered/Cancelled earlier SI: Certificate of Date of issue Date of surrender No. Practice No_ of CP Cancellation of CP
4 · Verification:
2 · Name ACSIFCS
2 · Name ACSIFCS
3 · Name ACSIFCS CP No. which has been has not been peer reviewed for the year and a certificate no. dated has been issued to the firm by the Peer Review Board: **
5 · Addresses of the branch offices of the company secretarylfirm, if any 6_ *The date(s) of opening of branch office(s) 7 . Name of the member Incharge of each of the office i.e, head office and branch offices, with membership No_