The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No 57] NEW DELHI, FRIDAY, MARCH 7, 1975/PHALGUNA 16, 1896
Separate paging is given to this Part in order that it may be filed
as a separate compilation
MINISTRY OP LAW, JUSTICE AND COMPANY AFFAIRS
(Department of Company Affairs) NOTIFICATION New Delhi, the 1th March 1975
G.S.R. 144(E).—In exercise of the powers conferred by clause (a) of sub- section (1) of section 642, read with clause (45) of section 2, of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following rules, namely:—
1. Short title and commencement.—(1.) These rules may be called the Companies (Secretary's Qualifications) Rules, 1975,
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Qualifications for appointment as secretary.—The qualifications which a person shall possess in order to be eligible for appointment as a secretary shall be as- follows:—
(a) in the case of a company having a paid-up share capital of rupees twenty-five lakhs or more, the membership of the Institute of Company Secretaries of India, incorporated under the Companies Act, 1956 (1 of 1856) and licensed under section 25 of that Act;
574 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(i)](b) in the case of any other company, one or more of the following qualifi- cations, namely:—
(i) the qualifications specified in clause (a); (ii) degree in law granted by any University; (iii) membership of the Institute of Chartered Accountants of India consti- tuted under the Chartered Accountants, Afct, 1949 (38 of 1949);
(iv) membership of the Institute of Cost and Works Accountants of India constituted under the Cost and Works Accountants Act, 1959 (23 of 1959);
(v) post-graduate degree or diploma in management sciences granted by any University or the Institute of Management, Ahmedabad, or the Institute of Management, Calcutta;
(vi) post-graduate degree in Commerce granted by any University; (vli) diploma in Company Law granted by the Indian Law Institute:
Explanation.—In this rule, "University"' has the meaning assigned to it in the University Grants Commission Act, 1956 (3 of 1936) and includes any University outside India which is recognised by the Union Public Service Commission for the purpose of recruitment to public services and posts in connection with the affairs of the Union or of any State.
3. Provisions In relation to existing secretaries.—The qualifications possessed by a person holding office as the secretary of a company Immediately befpre the commencement of these rules shall be deemed, for the purposes of these rules, to be the qualifications which he shall be required to possess in order to be eligible to continue in that office in that company,
TNo. F. 12/21/69-CL-V.l
P. B. MENON, Jt, Secy.