THE COMPANY SECRETARIES (PROCEDURE OF INVESTIGATIONS OF PROFESSIONAL AND OTHER MISCONDUCT AND CONDUCT OF CASES) RULES, 2007 [As Amended up t

rules · 1980 · State unknown

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Parent: THE COMPANY SECRETARIES ACT, 1980 (b78c887bfcb427cf7d91f5e45c7b6f3378463cac)

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112 [Rule 6] THE COMPANY SECRETARIES (PROCEDURE OF INVESTIGATIONS OF PROFESSIONAL AND OTHER MISCONDUCT AND CONDUCT OF CASES) RULES, 2007 [As Amended up to 1Oth November; 2020] [Issued by the Ministry of Company Affairs, Published in the Gazette of India, Extraordinary; Part Il, Section 3() 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 Sec- tion 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 (1) These rules may be called the Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 . (2) They shall come into force from the date of their publication in the Official Gazette. Chapter Preliminary 2. Definitions and Interpretations (1) 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 appointedas 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; "I(dd) "electronic mode" means and includes Inserted by the Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Amendment Rules, 2020, Notification No G.SR. 696(E), published in the Gazette of India, Extraordinary dated 10.11.20

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11 · Certain provisions relating to complaint also to be applicable for information relating to misconduct of members The procedure laid down for dealing with complaints in sub-rule (6) of rule 3, sub-rules (1), (2), (3) and (4) of rule 5, sub-rules (1), (2), (3) and (5) of rule 8, rule 9 and rule 10 shall also apply to information received by the Director relating to misconduct of members: 12. Time limit on entertaining complaint or information Where the Director is satisfied that there would be difficulty in securing proper evidence of the alleged misconduct; or that the member or firm against whom the information has been received or the complaint has been filed, would find it difficult to lead evidence to defend himself or itself, as the case may be, on account of the time lag; or that changes have taken place rendering the inquiry procedurally inconvenient or difficult; he may refuse to entertain a complaint or information in respect of any misconduct made more than seven years after the same was alleged to have been committed and submit the same to the Board of Discipline for taking decision on it under sub- section (4) of Section 21A of the Act. Chapter IV Board of Discipline 13. Functioning of Board of Discipline (1) All questions which come up before the Board of Discipline shall be decided by a majority of the members present and voting; and in the event of an equality of votes, the Presiding Officer or in his absence, the person presiding, shall have a second or casting vote. (2) The quorum for any meeting of the Board of Discipline shall be two members. (3) In the event of the Presiding Officer not being able to attend a meeting of the Board of Discipline, the member of the Council appointed under clause (b) of sub-section (1) of Section 21A of the Act shall act as the Presiding Officer: 14. Procedure to be followed by the Board of Discipline (1) The Board of Discipline shall follow summary disposal procedure in dealing with all cases before it; as laid down in this Chapter: (2) If the Board of Discipline decides to proceed further under clause (b) of sub-rule (2) of rule 9 or under clause (b) of sub-rule (3) of

17 · Allowances to the members nominated by the Central Government