Bare Act Search Results

Company Secretaries Act 1980 Section 22

Title: Professional or Other Misconduct Defined

State: Central

Year: 1980

1[Section 22 - Professional or other misconduct defined For the purposes of this Act, the expression "professional or other misconduct" shall be deemed to include any act or omission provided in any of the Schedules, but nothing in this section shall be construed to limit or abridge in any way the power conferred or duty cast on the Director (Discipline) under sub-section (1) of section 21 to inquire into the conduct of any member of the Institute under any other circumstances.] _____________________________ 1.Substituted by the Company Secretaries (Amendment) Act, 2006. Prior to substitution, it read as under: " SECTION 22 - Professional misconduct defined For the purposes of this Act, the expression "professional misconduct" shall be deemed to include any or omission specified in any of the Schedules, but nothing in this section shall be construed to limit or abridge in any way the power conferred or duty cast on the Council under sub-section (1) of section 21 to inquire into the conduct of any member of the Institute under any other circumstances."

Company Secretaries Act, 1980 Complete Act

State: Central

Year: 1980

.....(Regulation) Act, 1956 (42 of 1956), any of the rules or bye-laws made by a recognised stock exchange, the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969), the Foreign Exchange Regulation Act, 1973 (46 of 1973), or under any other law for the time being in force, (vii) issuing certificates on behalf of, or for the purposes of, a company; or (d) holds himself out to the public as a company secretary in practice; or (e) renders professional services or assistance with respect to matters of principle or detail relating to the practice of the profession of Company Secretaries; or (f) renders such other services as, in the opinion of the Council, are or may be rendered by a Company Secretary in practice; and the words "to be in practice", with their grammatical variations and cognate expressions, shall be construed accordingly. SECTION 03: INCORPORATION OF THE INSTITUTE (1) All persons whose names are entered in the register of the dissolved company immediately before the commencement of this Act and all persons who may hereafter have their names entered in the register to be maintained under this Act, so long as they continue to have their names borne on.....

Company Secretaries Act 1980 Schedule I

Title: First Schedule

State: Central

Year: 1980

.....as may be prescribed, including a resident who but for his residence abroad would be entitled to be registered as a member under clause (e) of sub-section (1) of section 4 or whose qualifications are recognised by the Central Government or the Council for the purpose of permitting such partnerships; (5) secures, either through the services of a person who is not an employee of such company secretary or who is not his partner or by means which are not open to a Company Secretary, any professional business: Provided that nothing herein contained shall be construed as prohibiting any arrangement permitted in terms of items (2), (3) and (4) of this Part; (6) solicits clients or professional work, either directly or indirectly, by circular, advertisement, personal communication or interview or by any other means: Provided that nothing herein contained shall be construed as preventing or prohibiting-- (i) any company secretary from applying or requesting for or inviting or securing professional work from another company secretary in practice; or (ii) a member from responding to tenders or enquiries issued by various users of professional services or organisations from.....

Company Secretaries Act 1980 Schedule II

Title: Second Schedule

State: Central

Year: 1980

.....given to any business or enterprise in which he, his firm, or a partner in his firm has a substantial interest; (5) fails to disclose a material fact known to him in his report or statement but the disclosure of which is necessary in making such report or statement, where he is concerned with such report or statement in a professional capacity; (6) fails to report a material mis-statement known to him and with which he is concerned in a professional capacity; (7) does not exercise due diligence, or is grossly negligent in the conduct of his professional duties; (8) fails to obtain sufficient information which is necessary for expression of an opinion or its exceptions are sufficiently material to negate the expression of an opinion; (9) fails to invite attention to any material departure from the generally accepted procedure relating to the secretarial practice; (10) fails to keep moneys of his client other than fees or remuneration or money meant to be expended in a separate banking account or to use such moneys for purposes for which they are intended within a reasonable time. PART II Professional misconduct in relation to members of the Institute generally .....

Kolkata Municipal Corporation Act, 1980 Complete Act

State: West Bengal

Year: 1980

..... (7) "building of the warehouse class" means a building, the whole or a substantial part of which is used, or intended to be used, as a warehouse, factory, manufactory, brewery, or distillery, or for any similar purpose, which is neither a "domestic building" nor a "public building" as defined in this section, and includes a hut used or intended to be used for any of the purposes mentioned in this clause; (8) "bustee" means an area containing land not less than seven hundred square metres in area occupied by or for the purposes of any collection of huts or other structures used or intended to be used for human habitation. Explanation.-If any question arises as to whether any particular area is or is not a bustee, the Corporation shall decide the question and its decision shall be final; (9) "Kolkata" means the area described in Schedule I; 3 Clause (10) omitted by s. 2 of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Ben. Act VI of 1996) (with retrospective effect from 4.12.1995), which was earlier as under: '(10) "candidate" in section 75 and in Schedule III means a person who has been nominated as a candidate at any election of a Councillor or who claims.....

Company Secretaries Act 1980 Chapter V

Title: Misconduct

State: Central

Year: 1980

.....the withdrawal at any stage.] ______________________________________________ 1.Section 21 s ubstituted by the Company Secretaries (Amendment) Act, 2006. Section 21A - Board of Discipline 1[Section 21A - Board of Discipline (1) The Council shall constitute a Board of Discipline consisting of-- (a) a person with experience in law and having knowledge of the disciplinary matters and the profession, to be its presiding officer; (b) two members one of whom shall be a member of the Council elected by the Council and the other member shall be the person designated under clause (c) of sub-section (1) of section 16; (c) the Director (Discipline) shall function as the Secretary of the Board. (2) The Board of Discipline shall follow summary disposal procedure in dealing with all the cases before it. (3) Where the Board of Discipline is of the opinion that a member is guilty of a professional or other misconduct mentioned in the First Schedule, it shall afford to the member an opportunity of being heard before making any order against him and may thereafter take any one or more of the following actions, namely:-- (a) reprimand the member; (b) remove the name of the.....

Company Secretaries Act 1980 Chapter III

Title: Council of the Institute

State: Central

Year: 1980

.....Council to perform such duties as may be prescribed; (b) appoint a Director (Discipline) to perform such functions as assigned to him under this Act and the rules and regulations framed thereunder; (c) designate an officer of the Council or the Institute to carry out the administrative functions of the Institute as its chief executive. (2) The Council may also-- (a) appoint such other officers and employees to the Council and the Institute as it considers necessary; (b) require and take from the Secretary or from any other officer or employee of the Council and the Institute such security for the due performance of his duties, as the Council considers necessary; (c) prescribe the salaries, fees, allowances of the officers and employees of the Council and the Institute and their terms and conditions of service; (d) with the previous sanction of the Central Government, fix the allowances of the President, Vice-President and other members of the Council and members of its Committees; (3) The Secretary of the Council shall be entitled to participate in the meetings of the Council but shall not be entitled to vote thereat.]. _____________________________ .....

Company Secretaries Act 1980 Section 21

Title: Disciplinary Directorate

State: Central

Year: 1980

.....of any professional or other misconduct mentioned in the First Schedule, he shall place the matter before the Board of Discipline and where the Director (Discipline) is of the opinion that a member is guilty of any professional or other misconduct mentioned in the Second Schedule or in both the Schedules, he shall place the matter before the Disciplinary Committee. (4) In order to make investigations under the provisions of this Act, the Disciplinary Directorate shall follow such procedure as may be specified. (5) Where a complainant withdraws the complaint, the Director (Discipline) shall place such withdrawal before the Board of Discipline or as the case may be, the Disciplinary Committee, and the said Board or Committee may, if it is of the view that the circumstances so warrant, permit the withdrawal at any stage.] ______________________________________________ 1.Section 21 s ubstituted by the Company Secretaries (Amendment) Act, 2006.

Company Secretaries Act 1980 Section 8

Title: Disabilities

State: Central

Year: 1980

Notwithstanding anything contained insection 4, a person shall not be entitled to have his name entered in, or borne on, the Register if he-- (a) has not attained the age of twenty-one years at the time of his application for the entry of his name in the Register; or (b) is of unsound mind and stands so adjudged by a competent court; or (c) is an undercharged insolvent; or (d) being a discharged insolvent, has not obtained from the court a certificate staling that his insolvency was caused by misfortune without any misconduct on his part; or (e) has been convicted by a competent court, whether within or without India, of an offence involving moral turpitude and punishable with imprisonment or of an offence, not of a technical nature, committed by him in his professional capacity unless in respect of the offence committed he has either been granted a pardon or, on an application made by him in this behalf, the Central Government has, by an order-in writing, removed the disability; or (f) has been removed from membership of the Institute on being found on inquiry to have been guilty of professional or other misconduct: PROVIDED that a person who has been removed from.....

Company Secretaries Act 1980 Chapter II

Title: Institute of Company Secretaries of India

State: Central

Year: 1980

.....be deemed to have practised in India for any period for which he has held a certificate of practice under section 6, notwithstanding that he did not actually practise during that period. Explanation II.-- In computing the continuous period during which a person has been an Associate of the Institute, there shall be included any continuous period during which the person has been an Associate of the dissolved company immediately before he became an Associate of the Institute.]. (4) Any person who was a Fellow of the dissolved company and who is entitled to have his name entered in the Register under clause (a) of sub-section (1) of section 4, shall be entered in the Register as a Fellow. (5) Any person whose name is entered in the Register as a Fellow shall, so long as his name remains so entered, be entitled to use the letters "F. C. S." after his name to indicate that he is a Fellow. ________________________________ 1.Substituted by The Company Secretaries (Amendment) Act, 2006 (8 of 2006). Section 6 - Certificate of practice (1) No member of the Institute shall be entitled to practice, whether in India or elsewhere, unless he has obtained from the Council a.....