THE COMPANY SECRETARIES (PROCEDURE OF INVESTIGATIONS OF PROFESSIONAL AND OTHER MISCONDUCT AND CONDUCT OF CASES) RULES, 2007

e48370967509fe9ecb2972c89cc9c16ac72f64c3 · 1980 · State unknown

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Parent: THE COMPANY SECRETARIES ACT, 1980 (b78c887bfcb427cf7d91f5e45c7b6f3378463cac)

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THE COMPANY SECRETARIES (PROCEDURE OF INVESTIGATIONS OF PROFESSIONAL AND OTHER MISCONDUCT AND CONDUCT OF CASES) RULES, 2007 [As Amended up to 10 th November, 2020] [Issued by the Ministry of Company Affairs, Published in the Gazette of India, Extraordinary, Part II, Section 3(i) vide Notification No. GSR 111(E), dated 27th February, 2007 at New Delhi] In exercise of the powers conferred by Clauses (c) and (d) of Sub-section (2) of Section 38A, read with Sub-section (4) of Section 21 and Sub-sections (2) and (4) of Section 21B of the Company Secretaries Act, 1980 (56 of 1980), the Central Government hereby makes the following rules, namely:- 1. Short title and commencement These rules may be called the Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007. They shall come into force from the date of their publication in the Official Gazette. Chapter I Preliminary 2. Definitions and Interpretations In these rules, unless the context otherwise requires,— (a) "Act" means the Company Secretaries Act, 1980 (56 of 1980); (b) "Committee" means the Disciplinary Committee or Committees constituted by the Council under Sub- section (1) of Section 21B of the Act; (c) "Director" means the person appointed as Director (Discipline) by the Council under clause (b) of Sub- section (1) of Section 16 of the Act; (d) "Directorate" means the Disciplinary Directorate established under Sub-section (1) of Section 21 of the Act; 1 [(dd) "electronic mode" means and includes— 1 Inserted by the Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Amendment Rules, 2020, Notification No G.S.R. 696(E), published in the Gazette of India, Extraordinary dated 10.11.2020 (i) filing of 

Rule TOC

1 · Short title and commencement

2 · Definitions and Interpretations

1 · [(dd) "electronic mode" means and includes—

1 · Inserted by the Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Amendment Rules, 2020, Notification No G.S.R. 696(E), published in the Gazette of India, Extraordinary dated 10.11.2020

3 · Procedure for filing complaint

4 · Fee for filing complaint

5 · Registration of complaint

6 · Withdrawal of a complaint

7 · Information

8 · Procedure to be followed by Director on a complaint

9 · Examination of the Complaint

10 · Mode of Sending Notice

11 · Certain provisions relating to complaint also to be applicable for information relating to misconduct of members

12 · Time limit on entertaining complaint or information

13 · Functioning of Board of Discipline

14 · Procedure to be followed by the Board of Discipline

1 · [Provided that the Board of Discipline may allow any of the parties to appear through electronic mode at any hearing scheduled to be held in physical mode.]

15 · Orders of the Board of Discipline

16 · Constitution and functioning of Committee

17 · Allowances to the members nominated by the Central Government

18 · Procedure to be followed by the Committee

1 · Substituted by the Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Amendment Rules, 2015, Notification No G.S.R. 314(E), dated 23rd April, 2015 published in the Gazette of India, Extraordinary dated 23rd April, 2015 for the following:

2 · Substituted by the Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Amendment Rules, 2018, Notification No G.S.R. 348(E), dated 9th April, 2018 published in the Gazette of India, Extraordinary dated 9th April, 2018 for the letter and figure "Rs.5000".

1 · [Provided that the Committee may allow any of the parties and witnesses to appear through electronic mode at any hearing scheduled to be held in physical mode].

19 · Orders of the Committee

20 · Attendance of hearings by the complainant, respondent and witness

21 · Residuary provisions

1 · Inserted by the Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Amended Rules, 2020, Notification No G.S.R. 696(E), published in the Gazette of India, Extraordinary dated 10.11.2020

5 · Particulars of allegation(s) serial- ly numbered together with corre- sponding clause/ part of the relevant Schedule(s), or

1 · ………………....

2 · ......……….........

3 · ..………….........

4 · .....………..........

5 · .....………..........

6 · Particulars of evidence(s) adduced in support of the allegations(s) made

7 · Name(s) of person who have knowl- edge of the facts of the case

1 · [Note :- Please enclose any relevant proof of identity and address: Aadhaar Card/ Voter Election Card/Passport /Driving License]