Company Secretaries Regulations… Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Regulations
Year	1980
Jurisdiction	Central
Ministry	Ministry of Corporate Affairs
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	corporate

The Company Secretaries Regulations, 1982 (As Amended upto 3rd February, 2020) ii iii THE COMPANY SECRETARIES REGULATIONS, 1982 Chapter I Preliminary

1. Short title and commencement 1

2. Definitions and interpretation 1 Chapter II Members

3. Register of Members 4

4. Qualification for members 5

5. Application for membership 8

6. Fees 9

7. Refund of fees 11

8. Non-payment of dues 12

9. Certificate of membership 14

10. Certificate of Practice 14

11. Cancellation of certificate of Practice 15

12. Notification of removal of membership 16

13. Restoration of membership 17

14. Restoration of Certificate of practice 18 Chapter III Complaints and Enquiries against Members

15. Complaints and enquiries relating to professional or other misconduct of members 19

15A. Fee and procedure for investigation of a complaint 22 or information to be followed by the Director (Discipline), Disciplinary Directorate and procedure for inquiry by the Disciplinary Committee Applicable to a complaint or information received on or after 17-11-2006.]

16. Information relating to misconduct of members 22

17. Time limit for entertaining complaint or information 23 iv

18. Procedure in enquiry before the Disciplinary 23 committee

19. Procedure in a hearing before the Council 24 Chapter IV Registration of Students

19A. Programme of Company Secretaryship Course 25

20. Conditions for registration to the Executive 29 Programme

21. Registration of student and time limit for completing examinations 31

22. Registration de novo and re-registration 32

23. Continuation of registration 32

24. Status of registered student 32

25. Fees by registered student 33

26. Examination requirements 33

27. Suspension and cancellation of examination result or registration 34

28. Teaching and training administration 34 Chapter IVA Institute of Company Secretaries of India (ICSI)- Secretarial Executive Certificate

28A. Institute of Company Secretaries of India (ICSI) - 36 Secretarial Executive Certificate

28B. Status of holder of Corporate Compliance 37 Executive Certificate Chapter V Licentiate ICSI

29. Licentiateship 37

30. Status of licentiates 38 Chapter VI Examinations

31. Examination of Company Secretaryship Course 38 v

32. Refund of examination fee 48

33. Change of examination center, medium and module 49

34. Travel concession 49

35. Enrolment for Executive Programme Examination 49

36. Course contents of Executive Programme Examination 50

37. Exemption from Paper of Executive Programme 52 Examination

38. Admission to Professional Programme 53

39. Enrolment for Professional Programme Examination 54

40. Course contents of Professional Programme 54 Examination

41. Exemption from papers of Professional Programme Examination 57

42. Examination results 57

43. Revival of exemption in examination 58 44, 44A, 44AA, 44B, 45, 46 and 46A – Omitted 58

CHAPTER VI A Practical Experience and Training requirements 46AA Applicability of this Chapter 66 46AB Practical Experience and Training 67 46AC Exceptions 69 46AD Requirement of certificate of experience and practical training by members of the Institute 69 46AE Proof of Practical experience and training 69 46AF Disciplinary action in connection with training 70 including MSOP Chapter VIB Practical Experience and Training Requirements

46BA. Applicability of provisions of Chapter VIB 70

46BB. Practical experience and training requirement 71

46BC. Exemption from Practical training and Executive Development Programme 72 vi

46BD. Proof of practical training 72

46BE. Disciplinary action for misconduct during training including Executive Development Programme and Corporate Leadership Development Programme 73 Chapter VII Practical Experience and Training Requirements

47. Practical Experience and Training 73

48. Practical Experience or Training 74

49. Training after Intermediate Examination or Executive Programme Examination 78

50. Compulsory Practical Training 79

51. Exemption from undergoing practical training except secretarial training programme 81

52. Partial exemption from undergoing practical training 81

53. Exceptions 82

54. Requirement of certificate of experience and 82 practical training by members of the Institute

55. Proof of Practical experience and training 82

55A. Disciplinary action in connection with training 83 including Management Skills Orientation Programme 55AB Applicability of Chapter VII 84 Chapter VIIA Specialised and Advanced Courses and Examinations

55B. Specialised and Advanced Courses and 84 Examinations

55C. Award of Diploma and Certificate for Specialised 85 and Advanced Course Examination

55D. Refresher Course 85 55E to 55S omitted] 86 Chapter VIII Constitution of the Council 56 to 58 Omitted] 94 vii Chapter IX Elections 59 to 87W Omitted] 95 Chapter X Meetings and Proceedings of the Council

88. Meetings of the Council 116

89. Special meeting of Council 116

90. Notice of Council meeting 117

91. Advancement or postponement of meetings 117

92. Chairman of the Council 117

93. Quorum for meetings 118

94. Voting on resolution at a meeting and casting vote 118

95. Adjournment of meeting of the Council 118

96. Record of minutes 119

97. Passing of resolution by circulation 119 Chapter XI Standing and other Committees

98. Constitution of Standing and other Committees 120

99. Executive Committee 121

100. Examination Committee 123

101. Disciplinary Committee 124

101A. Finance Committee 124

102. Training and Educational Facilities Committee 126

103. Professional Research and Publication Committee 128

104. Journal Committee 129

105. Professional Development Committee 129

105A. Constitution of the Secretarial Standards 130 Committee and the Auditing Standards Committee

105B. Constitution and Functions of the Academic 131 Committee

106. Council’s power to review and to delegate not 134 affected

107. Time and place of meeting of Committees 134 viii

108. Quorum 135

109. Procedure for transaction of business 135

110. Casting vote 136 Chapter XII Regional Councils

111. Constitution of regional Councils 136

112. Regional register of members 136

113. Functions of the regional councils 137

114. Conduct of elections 139

115. Representation on the Regional Council 141

116. Eligibility to vote in and stand for election 143

117. Vacancies 143

118. Duration of office 145

119. Proceedings of the Regional Council 145

120. Meeting of the Regional Council 146

121. Chief executive authority 146

122. Functions of the Secretary and the Treasurer 147

123. Continuance in office 147

124. Appointment of staff,- 147

125. Committee of the Regional Council 147

126. Chairman of the Committee 147

127. Term of office of Committee 148

128. Finance and accounts of Regional Council 148

129. Expenditure from fund 149

130. Audit 149

131. Accounts and report to the Council 149

132. Annual general meetings of the regional 149 constituencies

133. Extraordinary general meeting 150

134. Notice of meeting 150

135. Notice of proposals 150

136. Chairman 150 ix

137. Quorum for general meetings 151

138. Adjournment 151

139. Voting at general meeting 151

140. Decisions to be by majority 151

141. Dissolution of the Regional Council 151 Chapter XIII Chapters of the Institute

142. Requirements and Conditions 152

143. Notification with Journal 152

144. Functioning of Chapters 152

145. Dissolution/Reconstruction of Chapter 152 Chapter XIV Miscellaneous

146. Location of the office of the Institute 153

147. Administration of the Institute 153

148. Custody of common seal 153

149. Affixing common seal 153

149A. Preparation of Budget 153

150. Maintenance of accounts 154

151. Audit of accounts 154

152. Appointment of auditor and his retirement 155

153. Auditor’s remuneration 155

154. Auditor’s vacancy in office 156

154A. Comparison of actual income and expenditure 156 with budget estimates

155. Approval, circulation and publication of audited 157 accounts and Council report

155A. Special Audit 158

156. Powers and duties of the President and Vice- 158 President

157. Powers and duties of the Secretary 158

157A. Terms and conditions of service of the employees 161

158. Indemnity from losses and expenses 161 x

159. Issue of duplicate certificates 161

160. Service of notices 162

161. Publication of List of Members 163

162. Members to supply information 164

163. Branch office 164

164. Offices not in-charge of members 164

165. Particulars of offices and firms 164

165A. Multidisciplinary Firm 165

166. Particulars of nationality and domicile 165

167. Place of business of practising member in India 165

168. Company Secretaries in practice not to engage in any other business or occupation 166

168A. Other Professional bodies 166

168B. Membership of Professional body for Partnership 168

169. Trade or firm name to require Council approval 169

170. Constitution or reconstitution of firms to require Council’s approval 170

171. Power to charge fees 171

172. Mode of Payment of fees 171

173. Power to withdraw or cancel certificate 171

174. Power to remove difficulties 172 SCHEDULES UNDER THE REGULATIONS

SCHEDULE A : Register of Members 172

SCHEDULE C : Omitted 173

SCHEDULE CC : Omitted 173

SCHEDULE CCA : Omitted 173

SCHEDULE CCB : Omitted 173

SCHEDULE D : Omitted 173

SCHEDULE E : Omitted 173

SCHEDULE F : The Institute of Company Secretaries 174 xi of India Service Rules, 1979 as amended by the Council from time to time

SCHEDULE G : Omitted 174

SCHEDULE H : Omitted 174 APPENDICES APPROPRIATE FORMS Part I – Applicable to members Form A : Application for Admission as an Associate 175 Member Form B : Application for Admission as a Fellow Member 187 Form BB : Application for Restoration of Membership 191 Form C : Certificate of Membership 193 Form D : Application for the Issue/ Renewal/Restoration 193 of Certificate of Practice Form E : Certificate of Practice 202 Form F : Renewal of Certificate of Practice 202 Form 1 : Form for giving Particulars of Offices and Firms 203 Part II – Applicable to students Form ST 7 : Professional Programme Certificate 205 Form ST 8 : Application for Licentiate ICSI 206 Form ST 9 : Licentiateship Certificate 207 xii The Company Secretaries Regulations, 19821 NOTIFICATION ICSI NO. 710 2(1) OF September, 1982: In exercise of the powers conferred by Sub-section (1) of Section 39 of the Company Secretaries Act, 1980 (56 of 1980) read with Subsection (3) thereof and in supersession of the Company Secretaries Regulations, 1981 except for things done or omitted to be done thereunder, the Council with the previous publication in the Gazette of India and with the approval of the Central Government makes the following regulations, namely:- Chapter I Preliminary

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;

1. Published in the Gazette of India, Extraordinary, Part III, Section 4, of Serial No. 9 of 16 September, 1982.

(d) ‘certificate of practice’ means a certificate granted under these or earlier regulations entitling the holder to practise as a Company Secretary;

(e) ‘earlier regulations’ means the Company Secretaries Regulations, 1981, and the Company Secretaries Regulations, 1971;

(f) ‘journal’ means the official journal published by the Institute under the name and style ‘Chartered Secretary’ and includes a supplement to the Journal;

(g) ‘licentiate’ means a person entitled to use the descriptive letters Licentiate ICSI under Regulation 29 of these regulations;

(h) ‘member’ means an Associate or Fellow member of the Institute;

(i) ‘misconduct’ in relation to a member means and includes any professional or other misconduct as specified in Section 22 of the Act or in any of the Schedules to the Act;

2[(ia) ‘misconduct’ in relation to a registered student or a candidate enrolled for any examination conducted by the Institute means behaviour in disorderly manner in relation to the Institute or in or around an examination centre or premises, or breach of any provision of the Act, rule, regulation, notification, condition, guideline, direction, advisory, circular of the Institute, or adoption of malpractices with regard to postal or oral tuition or resorting to or attempting to resort to unfair means in connection with writing of any examination conducted

2. Inserted by the Company Secretaries (Amendment) Regulations, 2020, Notification No.710/1(M)/1, published in the Gazette of India, Extraordinary dated 03-02-2020.

3 by the Institute, or tampering with the Institute’s record or database, writing or sharing information about the Institute on public forums, social networking or any print or electronic media which is defamatory or any other act which may harm, damage, hamper or challenge the secrecy, decorum or sanctity of examination or training or any policy of the Institute;

(ib) ‘misconduct’ in relation to a candidate undergoing practical training or any other training by whatever name called, as determined by the Council, means behaviour in disorderly manner in relation to the Institute or in or around the place where undergoing training, or breach of any provision of the Act, rule, regulation, notification, condition, guideline, direction, advisory, circular of the Institute, or tampering with Institute’s record or database, writing or sharing information about the Institute on public forums, social networking or any print or electronic media which is defamatory, malpractice with regard to training or resorting to or attempting to resort to unfair means in connection with the undergoing training or seeking exemption from undergoing training or for breach of any policy, rule or regulation of the organisation in which he is undergoing training;]

(j) ‘office’ means the Headquarters of the Institute;

(k) ‘registered student’ means a person registered as a student under these or earlier regulations and includes a student registered as such with the dissolved company immediately before the commencement of the Act;

(l) ‘schedule’ means any of the schedule to these regulations;

(m) ‘secretary’ means the secretary of the Institute appointed under Sub-section (1) of Section 16 of the 4 Act and includes a Deputy Secretary, an Assistant Secretary or any person acting as Secretary under the directions of the Council;

(n) ‘section’ and ‘sub-section’ mean respectively a Section and Sub-section of the Act;

(o) all words and expressions used herein and not defined in these regulations but defined in the Act shall have the meanings respectively assigned to them in the Act.

Chapter II Members 3[3. Register of Members.-

(1) The Institute shall maintain a Register of Members in the proforma referred to in Schedule ‘A’ manually or electronically or in any other mode as may be determined by the Council.

(2) The Register of Members shall contain full name, date of birth, domicile, professional address, residential address, membership number, date of acquiring membership, qualifications, certificate of practice number if holding, email id, mobile number, telephone number if any, and such other particulars as may be determined by the Council.

(3) The member shall communicate to the Institute any change of his details entered in the Register, within thirty days of such change].

3. Substituted by the 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:

[3. Register The Register of members of the Institute shall be maintained in the proforma as provided in Schedule A and every member shall be required to communicate to the Institute any change of professional address, within one month of such change.]

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 4 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] 5 Substituted by the 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:

[(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] 6 Substituted by the Company Secretaries (Amendment) Regulations, 2020, Notification No.710/1(M)/1, published in the Gazette of India, Extraordinary dated 3-2-2020 for the [specified in Chapter VII of these regulations; or] 7 Substituted by the 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:

[(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] 6 such other training outside India as is recognised by the Central Government or the Council as being equivalent to the examination and training prescribed in these regulations; or] 8[(g) had registered himself as a student with the Institute of Chartered Secretaries and Administrators, London on or before 31st December, 1972 and had passed the Final Examination or Professional Programme Examination of that Institute and had either possessed the required practical experience or undergone the prescribed practical training as stipulated for candidates passing the Final Examination or Professional Programme Examination conducted by the Institute; or

(h) is an Indian citizen who is a “person resident outside India” as defined 9[clause (w) of section 2 of the Foreign Exchange Management Act, 1999 (42 of 1999)] and has become a member of the Institute of Chartered Secretaries and Administrators, London, after passing the qualifying examination conducted by that Institute and had either possessed the required practical experience in India or abroad, or undergone the prescribed practical training as stipulated for the candidates passing the Final Examination or Professional Programme Examination conducted by the Institute.]

10[(2) Fellow members:

(i) No person shall be entitled to have his name entered in the Register as a Fellow unless he,-10 8 Inserted by the Company Secretaries (Amendment) Regulations, 1984, Notification No. ICSI/710/1(M)/1, published in the Gazette of India, Extraordinary dated 30-03-1984.

9 Substituted by the Company Secretaries (Amendment) Regulations, 2020, Notification No.710/1(M)/1, published in the Gazette of India, Extraordinary dated 03-02-2020, for [clause (p) of section 2 of the Foreign Exchange Regulations Act, 1973 (46 of 1973)].

10 Substituted by the Company Secretaries (Amendment) Regulations, 7

(a) was a Fellow including Honorary Fellow of the dissolved company immediately before the commencement of the Act; or

(b) was admitted as a Fellow under the earlier regulations; or 2020, Notification No.710/1(M)/1, published in the Gazette of India, Extraordinary dated 03-02-2020, for the following:

[(2) Fellow members: No person shall be entitled to have his name entered in the Register as a Fellow unless

(a) was a Fellow (including Honorary Fellow) of the dissolved company immediately before the commencement of the Act; or

(b) was admitted as a Fellow under the earlier regulations; or

(d) is an Associate for a continuous period of not less than five years and possesses experience of not less than five years on the date of application in a supervisory position, of which at least three years shall be as a secretary or in a post considered equivalent or higher thereto by the Council in a company or body corporate having an aggregate paid-up capital of not less than rupees twenty-five lakhs;

(e) is an Associate for a continuous period of not less than five years and possesses five years total experience in the disciplines of law, management or commerce, either in a Group A post in the Central Government or any equivalent post in the State Government or local Authority or in a supervisory position in any organization deemed by the Council as equivalent to the experience specified in clauses

Provided that in the case of any person belonging to any of the classes mentioned in sub-regulations (1) or (2) who is not permanently residing in India, the Council may, by resolution, impose such further conditions as it may deem necessary or expedient.

Explanation ─ For purposes of clause (d) of sub-regulation (2), a body corporate shall include a statutory body, a society registered under any law relating to societies or a co-operative society registered under any law relating to co-operative societies and where such body corporate does not have any paid-up capital, general reserves of not less than rupees fifty lakhs shall be deemed to be equivalent to paid-up capital of rupees twenty-five lakhs].

(d) is an Associate for a continuous period of not less than five years and possesses such qualifications or practical experience as may be determined by the Council.

(ii) No Associate member shall be admitted as a fellow member of the Institute, if; -

(a) he has been found guilty of any professional or other misconduct and his name has been removed from the Register or he has been imposed fine referred in sub-section (3) of sections 21A or sub-section (3) of section 21B at any time during the preceding five years on the date of application; or

(b) he has not completed such minimum numbers of Professional Development Credit Hours as may be determined by the Council:

Provided that in the case of any person belonging to any of the classes mentioned in sub-regulations

(1) and (2), who is not permanently residing in India, the Council may, by resolution, determine, such further qualifications and conditions, as it may deem necessary or expedient.]

5. Application for membership.-

(1) 11[Any person who intends] to have his name entered in the Register as an Associate shall submit to the Secretary an application in the appropriate form.

(2) An Associate who desires to have his name entered in the Register as a Fellow, shall submit to the Secretary an application in the appropriate form.

11. Substituted by the Company Secretaries (Amendment) Regulations, 2020, Notification No.710/1(M)/1, published in the Gazette of India, Extraordinary dated 03-02-2020, for [Every person who desires].

(3) The applicant shall furnish such further clarification as the Secretary or the Council may at any time require from him for purposes of considering his application for membership.

12[6. Fees.-

(1)1213[Any person] other than a person referred to in Sub- 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 B.

Provided that in respect of any year in which an Associate applies for admission as a Fellow he shall pay to the Institute the difference between the annual membership fee, if any, paid by him as an Associate for that year and the fee payable by him as Fellow.

Provided further that a Fellow 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.

(5) Every members entitled to obtain a certificate of practice shall pay an annual certificate fee for holding the certificate of practice as specified in Schedule B.

Provided that only half the amount of the annual certificate fee shall be payable for the first year by a member for obtaining certificate of practice on or after the first day of October of that year.

(6) The annual membership fee and annual certificate fee payable by a member under sub-regulations (3), (4) and (5) shall become due and payable on the first day of April in each year.]

13 Substituted by the Company Secretaries (Amendment) Regulations, 2020, Notification No.710/1(M)/1, published in the Gazette of India, Extraordinary dated 03-02-2020, for [Every person].

10 section (2) of Section 4 of the Act applying for Associate membership of the Institute shall pay an entrance fee as may be determined by the Council under Sub-section (3) of Section 4 of the Act.

(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 may be determined 14[by notification] by the Council under Sub-section (3) of Section 5 of the Act.

(3) The annual membership fee shall become due on the first day of April in each year.

(4) Every member shall pay such annual membership fee 15[along with such certificate of living and Know Your Member (KYM) declaration in appropriate Form] as may be determined by the Council under Sub-section (4) of Section 19 of the Act:

Provided further 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:

16[Omitted] 14 Inserted by the Company Secretaries (Amendment) Regulations, 2020, Notification No.710/1(M)/1, published in the Gazette of India, Extraordinary dated 03-02-2020.

15 Inserted by the Company Secretaries (Amendment) Regulations, 2020, Notification No.710/1(M)/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:]

Provided also that a member who is of the 17[age of seventy years or above] shall pay one fourth of the annual membership fee.

18[Provided also that a member, who is physically challenged, irrespective of his age, shall pay half of the annual membership fee on submission of disability certificate issued by the competent authority;

Provided also that if a member is physically challenged and is also of the age of seventy years or above, shall pay one-eighth of the annual membership fee on submission of a declaration and a disability certificate issued by the competent authority.]

(5) (a) The annual fee for certificate of practice shall become due on the first day of April in each year.

(b) Every member in practice shall pay such annual certificate of practice fee, as may be determined by the Council under Sub-section (2) of Section 6 of the Act:

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(M)/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(M)/1, published in the Gazette of India, Extraordinary dated 03-02-2020.

19 Inserted by the Company Secretaries (Amendment) Regulations, 2020, Notification No.710/1(M)/1, published in the Gazette of India, Extraordinary dated 03-02-2020.

12 20[8. Non-payment of dues.-

(1) Annual fee: Any person who has not paid his annual membership fee on or before thirtieth June of that year his name shall be removed from the Register from the first day of July of that year without any further notice.

20 Substituted by the 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:

[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 a 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.

(2) Other dues: Any person who has not paid the fine, penalty or any other dues payable to the Institute as a member within ninety days from the date of notice of such outstanding

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 Council;

(d) a member has not paid annual fee for certificate of practice till 30th day of September of the relevant year.

(e) A member has not complied with the guidelines issued by the Council from time to time.

(2) The cancellation of a certificate shall be effective, –

(a) in a case falling under clause (a) of sub-regulation (1), on the date on which and during the period for which the name of the holder of the certificate was removed from the Register of members;

(b) in a case falling under clause (d) of sub-regulation (1), from the 15th day following the date of issue of notice by the Secretary on or after the 1st day of October; and

(3) When a certificate is cancelled, the date from which and the period for which the certificate shall stand cancelled shall be communicated in writing by registered post to the member concerned at the address entered in the Register and may also be published in the Journal.

(4) Where a certificate of practice is cancelled, the holder of such certificate shall surrender the certificate to the Secretary within 15 days from the date of receipt of notice of such cancellation or from the date of the notification thereof published in the Journal, whichever is later, under sub-regulation (3).

12. Notification of removal of membership The removal of the name of any person from the Register shall be communicated in writing to him by registered post to the address entered in the Register and may also be published in the Journal].

14 amount, his name shall be removed from the Register on the expiry of the said period of ninety days.

9. Certificate of membership.-

(1) On acceptance of application for membership by the Council, full name, date of birth, domicile, professional address, residential address, membership number, date of acquiring membership, qualifications, email id, mobile number, telephone number if any, and such other particulars as may be determined by the Council 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 the Certificate of Membership then held by him to the Secretary within fifteen days from the date of receipt of notice of such removal or cancellation and shall not use or display or continue to use or display the same certificate or membership number in any manner.

10. Certificate of Practice.-

(1) A member, after successful completion of Orientation Programme in such manner and mode as may be determined by the Council, may apply to the Institute in the appropriate form for issue of a certificate of practise entitling him to practise as a Company Secretary anywhere in India.

(2) Upon acceptance of the application by the Institute received under sub-regulation (1), the certificate shall be issued in the appropriate form which shall be valid until it is cancelled.

(3) In the case of renewal of the certificate of practice, after acceptance of the application by the Institute, the Secretary shall issue a letter extending the validity period of the certificate of practice for that year in the appropriate form.

(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

(d) a member who has surrendered his Certificate of Practice; or

(e) a member who has not paid annual fee for renewal of certificate of practice till 30th day of June of the relevant year; or

(f) a member who has not complied with the guidelines of the Council; or

(g) a member who ceases to be an Indian National.

(2) The cancellation of a certificate shall be effective, – 16

(a) in a case falling under clause (a) of sub-regulation (1), on the date on which and during the period for which the name of the holder of the certificate was removed from the Register of members;

(b) in a case falling under clause (e) of sub-regulation (1), from the 1st day of July of the relevant year without any notice; and

(3) When a certificate is cancelled, the date from which and the period for which the certificate shall stand cancelled shall be communicated in writing by registered post or speed post or courier or by any electronic mode to the member concerned at his 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.

(4) Where a certificate of practice is cancelled under regulation 11 except clause (1)(d) of regulation 11, the holder of such certificate shall return the certificate 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.

(5) The request of member who surrenders his certificate of practice will be considered only on receipt of the original certificate.

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].

17 21[13. Restoration of membership.-

(1) The Council may, on an application in the appropriate form, received in this behalf from a member whose name stood removed from the Register of members of the dissolved company or under clause (c) of Sub-section (1) of Section 20 of the Act, for non-payment of fees may restore his name, if he is otherwise eligible to such membership, on his paying the arrears of annual membership fee, entrance fee and additional fee as may be determined by the Council under Sub-section

(3) of Section 20 of the Act.

(2) The restoration under sub-regulation (1) shall be effected from the date on which the application 22[alongwith] fee are received:

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 III, 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;

(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(M)/1, published in the Gazette of India, Extraordinary dated 03-02-2020, for [and].

Provided that where such an application for restoration, complete in all respects, is received within the same year in which the name was removed, the Council may restore the name on his paying the annual membership fee due for that year, entrance fee and the additional fee for restoration, with effect from the date on which it was removed from the Register:

Provided further that the restoration of a member’s name which was removed under the orders of the Board of Discipline or the Disciplinary Committee or the Appellate Authority 23[or any Tribunal or a Court] shall be effected only in accordance with such orders.

24[(3) The restoration of a member’s name to the register shall be communicated in writing to him by registered post or speed post or courier or by any electronic mode and may also be published in the journal or hosted on the website of the Institute].

25[14. Restoration of Certificate of practice.-

(1) The Council may, on an application made in appropriate form and on payment of such fee, as may be determined by the Council under Sub-section (3) of Section 20 of the Act, restore the certificate of practice with effect from the date on which it was cancelled, to a member whose certificate has been cancelled due to non-payment of the annual fee for the certificate of practice and whose application, complete in all respects, together with the fee, is received by the Secretary before the expiry of the relevant year.25 23 Substituted by the Company Secretaries (Amendment) Regulations, 2020, Notification No.710/1(M)/1, 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(M)/1, published in the Gazette of India, Extraordinary dated 03-02-2020, for the following:

[(3) The restoration of a 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 III, Section 4, dated 26.07.2010, for the following:

[14. Restoration of Certificate of practice

(1) A member whose certificate of practice has been cancelled may 19 26[(2) On acceptance of the application for restoration, the restoration of certificate of practice shall be communicated in writing to the person concerned by registered post or speed post or courier or by any electronic mode and may also be published in the Journal or hosted on the website of the Institute].]

Chapter III Complaints and Enquiries against Members

15. Complaints and enquiries relating to professional or other misconduct of members.- 27[Applicable to a 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) Subject to the provisions of this regulation, any complaint received against a member of the Institute under Section 21 shall be investigated, and any enquiry relating to misconduct of such member shall be held, by the Disciplinary Committee.

apply for its restoration if he is otherwise eligible for such restoration, by paying the arrears of the annual certificate fees for the previous years, if any, and the annual certificate fee for the year in which his certificate of practice is required to be restored, subject to a maximum amount of rupees two hundred and a restoration fee as specified in Schedule B.

(2) The Council may, on receipt of such application and the dues, if any, restore the certificate of practice from the date of its cancellation or from such other date as it deems fit.

(3) On acceptance of the application for restoration, the restoration of certificate of practice shall be communicated in writing to the person concerned and may also be published in the Journal.]

26 Substituted by the 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:

[(2) On acceptance of the application for restoration, the restoration of certificate of practice shall be communicated in writing to the person concerned and may also be published in the Journal].

27 Inserted 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.

Provided that if the subject matter of a complaint is, in the opinion of the President, substantially the same as or has been covered in any previous information or complaint received, the Secretary may file the complaint without any further action or inform the complainant, accordingly, as the case may be.

(2) A complaint under Section 21 shall be made to the Council in the appropriate from, duly verified as required therein.

(3) Every complaint shall contain the following particulars, namely-

(a) the acts or omissions which, if proved, would render the member complained against guilty of any professional or other misconduct;

(b) the oral and/or documentary evidence relied upon in support of the allegations made in the complaint.

(4) Every complaint other than a complaint made by or on behalf of the Central or any State Government, shall be accompanied by a deposit of rupees fifty which shall be forfeited, if the Council, after considering the complaint, comes to the conclusion that no prima facie case is made out and, moreover, that the complaint is either frivolous or has been made with mala fide intention.

(5) The Secretary shall return a complaint which is not in the proper form or which does not contain the aforesaid particulars or which is not accompanied by the deposit of rupees fifty to the complainant for resubmission after compliance with such requirements and within such time as the Secretary may specify.

(6) Ordinarily within sixty days of the receipt of a complaint under Section 21 the Secretary shall,-

(a) if it is against an individual member send particulars of the acts of omissions alleged or a copy of the complaint, as the case may be, to such member at his address as entered in the Register;

(b) if it is against a firm, send particulars of the acts or omissions or a copy of the complaint, as the case may be, to the firm concerned at the address of the head office of the firm as entered in the Register of offices and firms which a notice calling upon the firm of disclose the name(s) of the member(s) concerned and to send particulars of acts or omissions or a copy of the complaint, as the case may be to such member(s).

Explanation-A notice shall be deemed to be a notice to all the members who are partner or employees of that firm.

(7) A member who has been intimated of the complaint made against him under sub-regulation (6) (hereinafter referred to as the respondent) shall, within fourteen days of issue of such intimation or within such further time as the Secretary may allow, forward to the Secretary a written statement in his defence verified in the same manner as the complaint.

(8) On a perusal of the complaint and written statement in any, the Secretary may call for such additional particulars or documents connected there with either from the complainant or the respondent, as he may consider necessary or as may be directed by the President, for perusal of the Council.

(9) Where on a perusal of the complaint, the written statement, if any, of the respondent and other relevant documents and papers, the Council is prima facie of opinion that any member has been guilty of professional or other misconduct, the Council shall cause an enquiry to be made in the matter by the Disciplinary Committee and where the Council is prima facie of opinion that there is no case against the respondent, the case shall be dismissed and the complainant, if any, and the respondent shall be informed accordingly.

Provided that the Council may, if deemed necessary, call for any additional particulars or documents connected therewith from the complainant, if any, or the respondent.

(10)(i) Every notice issued by the Secretary or by the 22 Disciplinary Committee under this Regulation shall be sent to the member or the firm concerned by registered post with acknowledgement due.

(ii) If the notice is returned unserved with an endorsement to the effect that the addressee had refused to accept the notice, it shall be deemed to have been served.

(iii) If the notice is returned with an endorsement indicating that the addressee cannot be found at the address given, the Secretary shall ask the complainant to supply to him the correct address of the member or firm concerned and send a fresh notice to the member or firm at the address so supplied.

(11) The provision relating to a notice shall apply mutatis mutandis to a letter.

28[15A. Fee and procedure for investigation of a complaint or information to be followed by the Director (Discipline), Disciplinary Directorate and procedure for inquiry by the Disciplinary Committee.- [Applicable to a complaint or information received on or after 17-11-2006.]

(1) Every complaint other than a complaint filed by or on behalf of the Central Government or any State Government, or any statutory authority shall be accompanied by a fee of rupees two thousand five hundred.

(2) Each such complaint or information shall be dealt with in accordance with the procedure specified in the Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007.]

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 III, Section 4, dated 26.07.2010.

29 Inserted by the Company Secretaries (Amendment) Regulations, 2010, 23 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].

The procedure laid down in Regulation 15 shall, so far as may be, apply to any information received under Section 21.

17. Time limit for entertaining complaint or information.- 30[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 III, 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 III, 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 III, Section 4, dated 26.07.2010.

(1) It shall be the duty of the Secretary to place before the Disciplinary Committee all facts brought to his knowledge which are relevant for the purpose of any enquiry by the Disciplinary Committee.

(2) The Disciplinary Committee shall have the power to regulate its procedure in such manner as it considers necessary and during the course of enquiry, may examine witnesses on oath and receive evidences on affidavits and any other oral or documentary evidence, exercising its powers as provided in Sub-section (8) of Section 21.

(3) The Disciplinary Committee shall give the complainant and respondent a notice of the meeting at which the case shall be considered by the Committee.

(4) Such complainant and respondent may be allowed to defend themselves before the Disciplinary Committee either in person or through a legal practitioner or any other member of the Institute.

(5) Where, in the course of a disciplinary enquiry, a change occurs in the composition of the Disciplinary Committee, unless any of the parties to such enquiry makes a demand within fifteen days of receipt of a notice of a meeting of such Disciplinary Committee, that the enquiry be made de novo report of the Disciplinary Committee shall be called in question on the ground that any member of the Disciplinary Committee did not possess sufficient knowledge of the facts relating to such inquiry.

(6) The Disciplinary Committee shall after investigation report the result of its enquiry to the Council for its consideration.

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.

(2) After considering such report or further report of the Disciplinary Committee, as the case may be, where the Council finds that the respondent is not guilty of any professional or other misconduct, it shall record its findings accordingly and direct that the proceedings shall be filed or the complaint shall be dismissed as the case may be.

(3) After considering such report or further report of the Disciplinary Committee, as the case may be, where the Council finds that the respondent has been guilty of a professional or other misconduct, it shall record its findings accordingly and shall proceed in the manner as laid down in the succeeding sub-regulations.

(4) Where the finding is that the member of the Institute has been guilty of a professional or other misconduct, the Council shall afford to the member an opportunity of being heard before orders are passed against him in the case. The Council after hearing the respondent, if he appears in person or after considering the representations, if any, made by him, pass such orders as it may think fit, as provided under Subsection (4) of Section 21.

(5) The orders passed by the Council shall be communicated to the complainant and the respondent.

32[Chapter IV Registration of Students

19A. Programme of Company Secretaryship Course.- The Company Secretaryship Course shall have two programmes, namely:-32 32 Substituted by the 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:

Chapter IV Registered Students

20. Conditions for registration 26

(1) In order to become eligible for registration as a student an applicant shall apply in the appropriate form alongwith the Foundation examination exemption fee, if applicable, student registration fee, annual subscription, if applicable, postal tuition fee and other fees, as determined by the Council from time to time in respect of services to be rendered and produce evidence to the satisfaction of the Council that he,-

(a) is not less that seventeen years of age on the date of his application, and

(b) has passed the Foundation examination of the Institute or is eligible for exemption therefrom in accordance with these regulations.

Provided that persons whose registration as students with the dissolved company or with the Institute under the earlier regulations is current immediately prior to the commencement of these regulations, shall on payment of arrears of annual subscription, if any, due from them, be registered as students under these regulations without the payment of any student registration fee for the unexpired portion of the period of five years registered by the dissolved company or the Institute under the earlier regulations, as the case may be.

(2) A person applying for registration shall obtain an identity card and also give an undertaking that he shall, as a registered student, conduct himself in a manner befitting the ideals and standards of the profession of Company Secretaries generally and as specified by the Council from time to time and shall abide by such bye-laws or other standing orders as may be framed by the Council and made applicable to him from time to time.

(2A) A person who has appeared or enrolled himself for appearing in the degree examination in any discipline other than Fine Arts or an examination recognised by the Central Government as equivalent thereto may be provisionally enrolled for undergoing coaching for the Executive Programme.

Provided that the provisional enrolment for undergoing coaching for the Executive Programme shall be confirmed after satisfactory proof of having passed the aforesaid examination has been furnished by him to the Secretary within a period of six months from the date of provisional enrolment ;

Provided further that if such a person fails to produce such proof within the aforesaid period, his provisional enrolment shall be cancelled and no tuition or any other fee paid by him shall be refunded and no credit shall be given for the coaching undergone by him]

(3) [*****]

(4) Every person whose application for registration 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 from time to time determine.

21. Registration as a student and time limit for completing 27 examinations

(1) Registration period: Every person applying to become a registered student shall be registered in accordance with these regulations for a period of five years from the month in which his application, complete in all respect, is accepted by the Secretary for registration.

(2) Time limit for completing examinations: A registered student shall be required to complete the Intermediate examination [or Executive Programme examination] and Final examinations or [Professional Programme examinations] within the registration period.

(3) Termination of registration: The registration of a student shall terminate on the expiry of five years or at the end of the year in which the student has completed the Final Examination or Professional Programme Examination whichever is earlier.

Provided that the Council may, subject to such guidelines as may be laid down in this behalf, extend the registration period of a student beyond five years.

22. Registration de novo A person whose registration has been cancelled under sub-regulation (3) of Regulation 21 or Regulation 27 may, within two years of cancellation of his former registration, apply with registration fee [postal tuition fee, service charge and other fee, if any], as provided under Regulation 24 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 subjects or groups of the Intermediate and/or Final examination, previously secured by him under his former registration with the dissolved company or the Institute, as the case may be.

Provided that if a person applies after two years of the expiry of his former registration but in any case within five years thereof, the Council may, subject to such guidelines as may be laid down in this behalf, allow him to be registered de novo subject to the payment of [registration fee, postal tuition fee, service charges, other fee, if any, as provided under Regulation 24] and exemption fee for the individual subjects or groups of the Intermediate or Executive Programme and Final examinations or Professional Programme Examination in which he secured exemption during his former registration.

23. Status of registered students The registration of a person as a student shall not confer on such person any rights of a member nor entitle him to claim any form of membership of the Institute of its Regional Council or Chapter, as the case may be.

Provided that such student may be permitted to borrow books from the library of the Institute, Regional Council or Chapter or participate in the activities of the Institute, its Regional Council or Chapter, as the case may be subject to such conditions as may be imposed by the Council, 28 Regional Council or Chapter, as the case may be.

24. Fees by registered students

(1) Every person registered as a student prior to the commencement of these regulations shall be required to pay an annual subscription as may be determined by the Council from time to time which shall be due and payable on the first day of April in each year.

(2) All 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 as determined by the Council, from time to time.

(3) The non-payment of any dues to the Institute by a registered student within three months from the date on which it becomes due shall render his registration as a student liable to be cancelled.

25. Restoration of studentship The Council may, on a request made to it by a person whose registration has been cancelled in pursuance of sub-regulation (3) of Regulation 24 restore his registration, if he is otherwise eligible thereto, on payment before such restoration of the annual subscription for the year during which his registration is restored, all arrears on account of the annual subscription not exceeding rupees one hundred, all other dues and a restoration fee as may be determined by the Council from time to time.

Provided that no restoration of registration shall be effected unless the request for such restoration is received complete in all respects within two years from the date on which registration was liable to be cancelled under these regulations.

26. Examination requirements

(1) Registered students shall be required to comply with such conditions relating to examinations as may be laid down by the Council from time to time.

(2) Admission to examination, expulsion and withholding of results.

(a) The examination Committee or a person authorized by it in this behalf may, for reasons to be recorded in writing,-

(i) refuse to admit a candidate to an examination; or

(ii) admit him to an examination subject to such conditions as it or he may consider to be reasonable in the circumstances of a case;

(iii) expel him from an examination hall, after he has been admitted to it in the usual course.

(b) Notwithstanding the fact that a candidate has obtained the minimum number of marks for passing an examination, the Examination Committee may, for reasons to be recorded in writing, withhold his result.

(1) Executive Programme; and

(2) Professional Programme:

Provided that the Institute may review the Programmes mentioned above and modify the same in such manner as may be determined by the Council.

20. Conditions for registration to the Executive Programme.-

(1) In order to become eligible for registration as a student of Executive Programme, an applicant, who is an Indian Committee may be reviewed by it and any order passed by the Examination Committee may be reviewed by the Council.

27. Suspension and cancellation of examination results or registration In the event of any misconduct by a registered student or a candidate enrolled for any examination conducted by the Institute, the Council or the Committee concerned 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 to state his case suspend or debar the person from appearing in any one or more examinations, cancel his examination result, or studentship registration, or debar him from future registration as a student, as the case may be.

Explanation–Misconduct for the purpose of this Regulation shall mean and include behaviour in a disorderly manner in relation to the Institute or in or near an Examination premises/centre, breach of any regulation, condition, guideline or direction laid down by the Institute, malpractices with regard to postal or oral tuition or resorting to or attempting to resort to unfair means in connection with the writing of any examination conducted by the Institute.

28. Coaching administration and training

(1) The Council may arrange for imparting oral or postal tuition or training to registered students and for this purpose establish and operate a coaching administration by whatever name called, frame guidelines in connection therewith and charge such fee as it may from time to time determine.

(2) The coaching administration shall at all time function subject to the control, supervision and direction of the Council and the Training and Educational Facilities Committee.

(3) The fee payable for imparting postal tuition shall be, as may be determined by the Council from time to time.

30 National, shall apply in the appropriate form, along with the student registration fee, annual subscription, if applicable, education fee and such other fees, as may be determined by the Council and shall also produce proof to the satisfaction of the Council that he,-

(i) has passed Senior Secondary Examination (10+2 system) conducted by an examining body constituted by law in India or an examination recognised by the Central Government or State Government or equivalent thereto for the purposes of admission to Bachelor’s degree course and has complied with such requirements as may be determined by the Council;

and

(ii) has passed Company Secretary Executive Entrance Test (CSEET) conducted by the Institute in such manner, mode and eligibility as may be determined by the Council or any other test or examination recognised or equivalent thereto or exempted therefrom by the Council:

Provided that from the date of the introduction of the Company Secretary Executive Entrance Test under these regulations, all the students of Foundation Programme having valid registrations immediately before the date of introduction of the Company Secretary Executive Entrance Test, may be given such relaxation for number of attempts in the Foundation Programme Examination or allowed to appear in the Company Secretary Executive Entrance Test as may be determined by the Council:

Provided further that the number of attempt or relaxation in the Foundation Programme Examination shall in no case be beyond the date of expiry of his registration.

(2) Notwithstanding anything contained in sub-regulation (1), the Council may allow a person of foreign national to seek registration in the Company Secretaryship Course.

(3) A person making an application for registration shall obtain an identity card and give an undertaking that he shall, as a registered student, conduct himself in a manner befitting the ideals and standards of the profession of Company Secretaries and shall abide by the guidelines and orders of the Council.

(4) Every person whose application for registration is not accepted by the Secretary for the reasons to be recorded thereon in writing shall be entitled for refund of the fee paid by him, subject to deduction of such administrative charges as the Council may determine.

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 33 any form of membership of the Institute or its Regional Council or Chapter, as the case may be:

Provided that such student may be permitted to borrow books from the library of the Institute, Regional Council or Chapter or participate in the activities of the Institute, its Regional Council or Chapter, as the case may be, subject to such conditions as may be determined by the Council, Regional Council or Chapter, as the case may be.

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) All 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.

(2) The Examination Committee or a person authorized by it in this behalf may, by an order in writing and for reasons to be recorded therein,-

(a) refuse to admit a candidate to an examination; or

(b) admit him to an examination subject to such conditions as it or he may consider to be reasonable in the circumstances of a case; or

(d) take any other action as may be deemed fit.

(3) Notwithstanding the fact that a candidate has obtained 34 the minimum number of marks for passing an examination, the Examination Committee may, for reasons to be recorded in writing, withhold or cancel his result.

(4) Any order made under sub-regulation (2), by the person authorised by the Examination Committee may be reviewed by the Committee and any order passed by the Examination Committee may be reviewed by the Council.

27. Suspension and cancellation of examination result or registration.- In the event of any misconduct by a registered student or a 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.

(4) The teaching and training administration shall function under the supervision, control and direction of the Institute].

33[Chapter IVA Institute of Company Secretaries of India (ICSI) – Secretarial Executive Certificate

28A. Institute of Company Secretaries of India (ICSI) - Secretarial Executive Certificate.-

(1) Institute may award Institute of Company Secretaries of India (ICSI) - Secretarial Executive Certificate to a student, who has:-33 33 Substituted by the 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:

[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) 36

(i) passed the Executive Programme;

(ii) completed Executive Development Programme or any other equivalent programme as determined by the Council and such Practical Training as is prescribed under these regulations or exempted therefrom; and

(iii) made an application in such manner and mode alongwith such fee as may be determined by the Council.

(2) A student having awarded the Institute of Company Secretaries of India (ICSI) - Secretarial Executive Certificate shall be entitled to use the description “Institute of Company Secretaries of India (ICSI) - Secretarial Executive”.

(3) A Institute of Company Secretaries of India (ICSI) - Secretarial Executive may continue to pursue the regular Company Secretaryship course.

(4) A Institute of Company Secretaries of India (ICSI) - Secretarial Executive shall secure such number of Professional Development Credit Hours on annual basis as the Council may determine, for renewal of Institute of Company Secretaries of India (ICSI) -Secretarial Executive Certificate.

(5) The grant of Institute of Company Secretaries of India (ICSI) - Secretarial Executive Certificate shall neither confer on such Secretarial Executive any right of a member, nor entitle him to claim membership of the Institute:

Provided that the Council may grant such recognition to the Institute of Company Secretaries of India(ICSI) - Secretarial Executive as may be determined by it.

(6) Notwithstanding anything contained in this regulation, the Institute may, on fulfilling such conditions as may be determined by the Council, award Institute of Company as the Council may determine from time to time, for renew of Corporate Compliance Executive Certificate .

28B. Status of holder of Corporate Compliance Executive Certificate The grant of certificate under regulation 28A shall not confer on the Corporate Compliance Executive the rights of a member, nor entitle him to claim membership of the Institute.]

37 Secretaries of India (ICSI) - Secretarial Executive Certificate to the person who is holding Corporate Compliance Executive Certificate.

28B. Status of holder of Corporate Compliance Executive Certificate.- Nothing contained in this chapter shall apply to a holder of Corporate Compliance Executive Certificate].

Chapter V Licentiate ICSI

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.

38 34[(5) The annual subscription of a licentiate shall become due and payable on the fi date of April every year and nonpayment of annual subscription on or before the thirtieth of June of a year shall disentitle the person to use the descriptive letters “Licentiate ICSI” from 1st July of that year, until his annual subscription for the year is received by the Institute.

The name of the person so disentitled shall be published in the Journal.]

30. Status of licentiates.- Grant of licentiateship under Regulation 29 shall not confer on such licentiate any rights of a member nor entitle him to claim any form of membership of the Institute or its Regional Council or Chapter, as the case may be.

Provided that such licentiate may be permitted to borrow books from the library of the Institute, Regional Council or Chapter or participate in the activities of the Institute, its Regional Council or Chapter as the case may be, subject to such conditions as may be imposed by the Council, Regional Council or Chapter, as the case may be.

35[Chapter VI Examinations

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:(M)(1), 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(M)/1, 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, 39 every person desiring to qualify for membership of the Institute should have passed the Final Examination or Professional Programme Examination conducted by the dissolved company or has passed the Final Examination or Professional Programme Examination conducted by the Institute and has also complied with other requirements laid down in these regulations.

32. Conduct of examinations and applications for examination

(1) Examinations shall be conducted in such manner and at such times and places within India or abroad as the Council may direct, provided that the examination shall be held at least once a year.

(2) The dates and places of the examinations and other particulars shall be published in the Journal or Student Company Secretary a monthly bulletin published for students.

(3) Application for admission to an examination or for exemption from passing any examination shall be made in appropriate form with requisite particulars and fees as may be determined by the Council from time to time and copies of such application may be made out by the candidates themselves.

(4) Every such application shall be sent so as to reach the Secretary in accordance with the direction given by the Council from time to time.

33. Dates of registration Save as otherwise provided in Regulation 37, candidates desiring to appear at an examination shall have themselves registered as students at least nine calendar months prior to the month in which the examination commences, that is to say, if any examination commences in December, the candidates registered upto and including February of that calendar year shall be eligible.

Provided that students registered by the dissolved company or the Institute before the commencement of these regulations shall be eligible to appear in the first examination to be conducted by the Council after coming into force of these regulations subject to fulfillment of the requirement of the earlier regulations.

Provided that a candidate may be allowed to appear in one group of an examination if he is registered as a student at least for a period of six calendar months prior to the month in which the examination commences, that is to say, if the examination commences in December, a candidate registered upto and including May of that year shall be eligible

Provided further that students registered with the Institute on or before the thirty first January 1985 and also registered for oral tution with any of the oral coaching centres recognized by the Council, shall be eligible to appear for one group of the examination held in June, 1986 and no more.

34. Refund or appropriation of examination fees

(1) A candidate once issued an Admission Certificate for an examination shall not be entitled under any circumstances to refund of the examination fees paid by him.

(2) Where, however, a candidate applies to the Council within fifteen days from the last date of examination for considering appropriation of examination fee to the next examination on the ground that he was prevented from attending the examination on account of circumstances beyond his control, and furnishes requisite documentary proof and information to the satisfaction of the Council, the Council may permit fifty per cent of the examination fees paid by him to be appropriated towards the fee payable for the next following examination for the same group(s) for which he was enrolled.

35. Change of examination center Applications for change of examination centres shall not ordinarily be entertained and if entertained a fee as may be determined by the Council from time to time be charged for the purpose.

Provided that no application received within fifteen days before the date of commencement of an examination shall be entertained by the Council.

36. Rail concession Students eligible for rail concession as allowed by the Railway authorities shall apply with necessary particulars to the Secretary at least thirty days before the commencement of an examination for obtaining the requisite certificates.

37. Admission to Foundation Examination

(1) No. candidate shall be admitted to the Foundation Examination unless:

(a) he has enrolled himself for undergoing postal or oral tution for the Foundation Course at least eight calendar months prior to the month in which the examination commences, that is to say, if an examination commences in December, the candidate enrolled for undergoing postal or oral coaching upto and including March of that calendar year shall be eligible;

(b) he produces a certificate from the head of the coaching administration (by whatever name designated) to the effect that he has undergone satisfactorily a course of postal or oral tution for the Foundation Examination; and

(c) he applies with such examination fees as may be determined by the Council from time to time to reach the Secretary in accordance with the directions given by the Council.

(2) No candidate shall be enrolled for undergoing coaching for the foundation Course unless he has passed the Senior Secondary Examination conducted by an examining body constituted by law in India or an examination recognized by the Central Government as equivalent thereto.

(3) Notwithstanding anything contained in sub-regulation (2), a person who has appeared or enrolled himself for appearing in the Senior Secondary Examination or an examination recognized by the Central Government as equivalent thereto may be provisionally enrolled for undergoing coaching for the Foundation Course.

Provided that the provisional enrollment for undergoing coaching for the Foundation Course shall be confirmed, after satisfactory proof of having passed the aforesaid examination has been furnished by him to 41 the Secretary within a period of six months from the date of provisional enrollment:

Provided further that if such a person fails to produce such proof within the aforesaid period, his provisional enrollment shall be cancelled and no tuition or any other fee paid by him shall be refunded and no credit shall be given for the coaching undergone by him.

(4) Before enrolment for the Foundation Course, a candidate shall pay such fee, as may be determined by the Council from time to time.

(5) Every person applying for enrolment for Foundation Course shall be enrolled in accordance with these regulations for a period of three years from the month in which his application complete in all respects is accepted by the Secretary for enrolment.

38. Exemption from Foundation Examination A candidate possessing any of the following qualifications or any other qualifications recognized by the Council with the approval of the Central Government as equivalent thereto, shall be exempted from passing the Foundation Examination on payment of such exemption fee as may be determined by the Council from time to time and on acceptance of his application for exemption by the Secretary:

(i) A degree or master’s degree in Corporate Secretaryship or Commerce; or

(ii) Pass in the Foundation Examination of the Institute of Cost and Works Accountants of India or Common Proficiency Test (CPT) of the Institute of Chartered Accountants of India or any other Institution in India or abroad recognized as equivalent thereto by the Council; or

(iii) A degree or master’s degree in any discipline other than Fine Arts:

Provided that a candidate who is seeking exemption from the Foundation Examination under clause (iii) above before becoming eligible for undergoing coaching for the Executive Programme or such other equivalent programme or course as may be prescribed by the Institute of Company Secretaries of India from time to time may be required to produce a certificate from the head of the coaching administration (by whatever name designated) to the effect that he has undergone satisfactorily a course of postal or oral tuition (inclusive of electronic mode) for those subject of the Foundation Examination which he had not studied at the graduate or post graduate level.

39. Course contents of Foundation Examination

(1) Subjects: Candidates enrolled from a date prior to the First October, 2001 for Foundation Examination held upto and inclusive of December, 2003 shall be examined in the following subjects, namely:-

(i) Business Communication ;

(ii) Business Laws and Management;

(iii) Principles of Accountancy; and

(iv) Economics and Statistics.

(2) Syllabus: The syllabus for the Foundation Examination shall be as specified in Part I of Schedule CCA.

(3) Qualifying Marks: A candidate shall be declared to have passed in the Foundation Examination if he obtains at one sitting a minimum of forty per cent marks in each subject and fifty per cent marks in the aggregate of all subjects.

Provided that a candidate who has appeared in all the subjects for which he was enrolled and has obtained sixty per cent marks or above in any subject, but failed shall be declared to have passed in the subsequent examination if he obtains a minimum of forty per cent marks in each remaining subject and fifty per cent marks in the aggregate of the remaining subjects at one sitting within the next three following examinations.

(4) Sub-regulations (1), (2) and (3) and the syllabus prescribed thereunder in Part I of Schedule CCA shall cease to operate after the examination held in December, 2003.

39A. Course contents of Foundation Examination

(1) Subjects: The first examination with papers and syllabus referred to in sub-regulation (2) shall be held in December, 2002. Candidates enrolled from or after the first October, 2001, candidates enrolled prior to the First October, 2001, who may so opt, and all candidates for the Foundation Examination which is held from and including June, 2004 shall be examined in the following subjects, namely:

1. English and Business Communication;

2. Basic Economics and Business Environment;

3. Financial Accounting;

4. Elements of Business Laws and Management; and

5. Information Systems and Quantitative Techniques.

(2) Syllabus: The syllabus for the Foundation Examination shall be such as may be approved by the Council from time to time.

Provided that a candidate who has appeared in all the subjects for which he was enrolled and has obtained sixty per cent marks or above in any subject, but failed, shall be declared to have passed in the subsequent examination, if he obtains a minimum of forty per cent marks in each remaining subject and fifty per cent marks in the aggregate of the remaining subjects at one sitting within the next three following examinations”.

40. Admission to Executive Programme Examination No candidate shall be admitted to the Executive Programme Examination unless he is a registered student and applies with such examination fees as may be determined by the Council from time to time, in accordance with the directions given by the Council.

41. Course contents of Intermediate Examination or Executive 43 Programme Examination

(1) Subjects Students registered effective from a date prior to 1st February, 1986 who are candidates for the Intermediate Examination or Executive Programme Examination held upto and inclusive of June 1989, shall be examined in six subjects comprised in two groups of three papers each as under:

GROUP I

(1) Company Accounts;

(2) Principles of Law;

(3) Company Law.

GROUP II

(4) Business Communication;

(5) Principles and Practices of Management;

(6) Company Administration and Meetings.

(2) Syllabus The syllabus for the Intermediate Examination or Executive Program.

(4) Qualifying marks

(a) A candidate shall be declared to have passed in both groups of the Intermediate Examination or Executive Programme Examination if taken simultaneously without obtaining any exemption and 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 subject of both groups.

(b) A candidate shall be declared to have passed in a 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:

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

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