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REGISTERED No. D. (D.N.)-72

The Gazette of India

EXTRAORDINARY

PART III—Section 4

PUBLISHED BY AUTHORITY

No. 91 NEW DELHI, THURSDAY, SEPTEMBER 16, 1982/ BHADRA 25, 1904 Separate paging is given to this Part in order that it may be filed as a separate compilation

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THE INSTITUTE OF COMPANY SECRETARIES

OF INDIA

(Constituted under the Company Secretaries Act.

1980)

THE COMPANY SECRETARIES REGULATIONS,

1982

NOTIFICATION

ICST No, 710/2(1) of September, 1982

New Delhi, the 16th September, 1982

No. 710|2(l).—In exercise of the powers con- ferred by sub-section (1) of section 39 of the Company Secretaries Act, 1980 (56 of 1980) read with sub- section (3) thereof and in supersession of the Com- pany Secretaries Regulations, 1981 except for things done or omitted to be done thereunder, the Council 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 regu-

lations, 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 Ihc first day of October of that year-

(c) "appropriate form" means a form specified by the Council suitable for the purpose iis amended from time to time ;

(d) "certificate of practice" means a certificate granted under these or earlier regulations entitling the holder to practise as a com- pany secretary ;

(e) "Earlier regulations" means the Company Secretaries Regulations, 1981 and the Company Secretaries Regulations, 1971 ;

(f) 'Journal¹ means the official journal published by the Institute under the name and style "Chartered Secretary" and includes a supplement to the Journal;

(g) "licenciate" means a: person entitled to use the descriptive letters 'Licenciate ICSr 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;

(j) "office" means the Headquarters of the

Institute;

(k) "registered student" means a person regis- tered as a student under these or earlier regulations and includes a student registered as such with the dissolved company imme- diately before the commencement of the A c t;

(1) "schedule" means any of the schedules to

these regulations;

(m) "Secretary" means the Secretary of the Institute appointed under sub-section (1) of section 16 of the 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" means respec- tively a section and sub-section of the Act ;

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

CHAPTER II

MEMBERS

3. Register.—The Register of members of the Institute shall be maintained in the proforma as provided in schedule A.

4. Qualification for members.—(1) Associate mem- bers.—No person shall be entitled to have his name entered in the Register a& an Associate, unless he,—•

(a) was an Associate of the dissolved company immediately before the commencement of the Act; or

(bj 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

(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

(e) has passed the qualifying examinations and completed the practical training a" specified in. Chapter VII of these regulations; or

(0 has passed such other examination and completed such other training without India as i& recognised by the Central Govern- ment or the Council as being equivalent to the examination and training as specified in Chapters VI and VII of these regulations.

(2) Fellow members.—No person shall be entitled to have his name entered in the Register as a Fellow unless he,—

(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

Cc) is an Associate and has been in continuous practice in India as a Company Secretary for at least five years ; 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 ; or

(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 Gov- ernment or Local Authority or in a super- visory position in any organisation deemed by the Council as equivalent to the experience specified in clauses (c) or fd).

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

Explanation.—-For purposes of clause (dj of sub- regulation (2), a body corporate shall in- clude 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.

5. Applicafon for membership.—(1) Every person who desires to have his name entered in the Register as an Associate shall submit to the Secretary an appli- cation 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,

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

6. Fees.—(1) Every person other than a person referred to in sub-section (2) of section 4 applying for associate membership of the Institute shall pay an en- trance fee as specified in Schedule B.

(2) An Associate applying for admission as a Fel- low (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 a Fellow.

Provided further that & 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 an- nual membership fee.

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

Provided that only half the amount of the annual certificate fee shall be payable for the first year by

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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 certi- ficate fee payable by a member under sub-regulations (3), (4) & (5) shall become due and payable on the first day of April in each year.

7. Refund of fees.—Every person whose applica- tion 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 tees paid by him.

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 iirst July of that year without any further notice.

(2) Other dues.—Any person who has riot paid the admission fee or other dues payable to the Ins- titute as a member within three months front the date on which such dues have become due and payable to the Institute shall be liable to have his name being re- moved from the Register on the expiry of the said period of three months.

9. Certificate of membership.—(1) On an applica- tion 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 rriembcr whose name is removed from the Register under any of the provisions of the Act or these regulations, shall surrender forthwith the certi- ficate of membelship then held by him to the Secre- tary.

10. Certificate of Practice.—(1) A member of the Institute may apply to the Council in the appropriate form for issue of certificate of practice entitling him to practise as a company secretary anywhere in India.

(2) On acceptance of the application by the Coun- cil for issue of certificate of practice, the certificate shall be issued in the appropriate form and shall be valid until it is cancelled.

(3) Tn the case of renewal of the Certificate of prac-

tice, the Secretary shall issue a letter extending the validity period of the certifictatc 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 wri- ting.

(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.

,11. Cancellation of certificate of practice.—-(1) A

certificate of practice shall be cancelled when,—

(a) the name of holder,of the certificate is re-

moved from the Register of Members ; or

(b) the Council is satisfied that such certificate was issued on the basis of incorrect, mis- leading or false information provided by the applicant or by mistake or inadvertence on the part of the Council ; or

(c) the member has ceased to practise ; or

(d) the member has not paid the annual certi- ficate fee on or before thirtieth June of that year.

Provided that before cancelling his certificate^ under clause (b) reasonable opportunity to explain his case ihall be fiiven t0 the membei.

(2) The cancellation of a certificate shall be

effective—

(a) in a case falling under clause (a) of sub- regulation (1) from 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 ; end

(b) in any other case, from such date and for

such period as the Council may determine,

(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 ad- dress entered in the Register and may also be public shed in the Journal.

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 th6 address entered in the Register and may also be published in the Journal.

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 Counc'I for res- toration of his name i'n the Register, if he is other- wise eligible for the membership of the Institute.

(2) Such person shall also pay to the Council be-

fore such restoration,—

fa) 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 years, if any, and

(c) the annual membership fee for the year in which he seeks restoration, if any, subject to a maximum amount of rupees four hun- dred and a restoration fee as specified in Schedule B.

(3) On receipt,of his application for restoration of his name in the Register and dues, if any, as provi- ded 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 cf application for restoration, the restoration of name in the Register shall be communi- cated in writing to the person concerned and may also be published in the Journal.

14. Restoration of certificate of practice.—(1) A member whose certificate of practice has been can- celled may apply for its restoration if he is otherwise eligible for such restoration, by paying the arrears of the annual certificate facs 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 applica- tion and the dues, if any, restore the certificate of practice from the date of ifs cancellation or from such other date as it deems fit.

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

CHAPTER III

COMPLAINTS AND ENQUIRIES AGATNST MEMBERS

15. Complaints and enquiries relating to profes- sional or other misconduct of members.—(1) Subject to the provisions of this regulation, any complaint re- ceived 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.

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 informa- tion 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 form, 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 aga- inst guilty of any professional or other mis- conduct ;

(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 ou behalf of the Central or any State Govern- ment, 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 docs 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 requirement 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 or 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 com- plaint, as the case may be, to the firm con- cerned at the address of the head office of the firm as entered In the Register of offices and firms wiih a notice calling upon the firm to disclose the namc(s) of the mcmber(s) concerned and to send parti- culars of acts or omissions or a copy of the- complaint, as the case may be, to such mem- ber(s).

Explanation.—A notice to the firm shall be deemed to be a notice to all the members who are partners oi employees of that firm.

(7) A member who has been i'ntimated of the com- plaint made against him under sub-ncgulation (6) (hereinafter referred to as the respondent) shall, with- in 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 state- ment, if any, the Secretary may call for such additional particulars or documents connected therewith cither from the complainant or the respondent, as he may consider necessary or as may be directed by the Pre- sident, for perusal of the Council.

(9) Where on a perusal of the complaint, the writ- ten statement, if any, of the respondent and other relevant documents and papers, the Council is prima fade 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 res- pondent, the case shall be dismissed and the com- plainant, if any, and the respondent shall be informed accordingly.

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

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

(11) If the notice is returned unserved with an en- dorsement 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) T he provision relating to a notice shall apply

mutatis mutandis to a letter.

16. Information relating to misconduct of m e m- bers.—The procedure laid down in regulation 15 shall, so far as may be, apply to any information received under section 2 1.

17. Time limit for entertaining complaint or in- formation.—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 10 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 in- formation has been received or the complaint has been filed, 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.—(1) It shall be the duty of the Secretary to place before the Disciplinary Committee all fads brought to his knowledge which are relevant for the purpose of any enquiry by the Disciplinary Commit- tee.

(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 evi- dence,' exercising its powers as provided in sub-section (8) of section 2 1.

(3) The Disciplinary Committee shall give the complainant and respondent a no'ice of the meeting at which the case shall be considered by the Com- mittee.

(4) Such complainant and respondent may be al- lowed to defend themselves before the Disciplinary Committee either in person or through a legal practi- tioner 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 parlies 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 dc novo, no report oE 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 investi- gation 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 fur- ther enquiry is necessary, may cause such further en- quiry to be made and a further report submit- ted by the Disciplinary Committee.

(2) After considering such report, or further report of the Disciplinary Committee, as the case may be, wh,ere 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 pro- ceedings shall be filed or the complaint shall be dis- missed 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 • prof essional or other misconduct, it shall record its findings accordingly and shall proceed in the manner as laid down in the succeeding sub-regula- tions.

(4) Where the finding is that the member of the Institute has been guilty of a professional or other mis- conduct, 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 con- sidering the representations, if any, made by him pass such orders as it may think fit, as provided under sub-section (4) of section 21.

(5) The orders passed by the Council shall be com-

municated to the complainant and the respondent.

CHAPTER IV

REGISTERED STUDENTS

20. Conditions for registration.—(1) In order to become eligible for registration as a student, an appli- cant shall apply in the appropriate form alongwith the preliminary examination/exemption fee, if appli- cable, student registration fee, annual subscription, if applicable, postal tuition fee and other fees as deter- mined by the Council from time to time in respect of services to be rendered and produce evidence to the satisfaction of the Council that h e ,^

(a) is not less than eighteen years of age on the

date of his application, and

(b) has passed the preliminary examination of the Institute or is eligible for exemption therefrom in accordance with these regula- tions.

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 commence- ment 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 unex- pired 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 m a manner befitting the ideals and standards of the pro- fession of Company Secretaries generally ivnd as spe- cified 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.

(3) Every person applying for registration shall pay a student registration fee as the Council may from time to time determine.

(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, 3ubject to deduction of such administrative charges as the Council may from time to time determine.

21. Registration as a student and time limit for com- pleting examina'ions.—(1)Registraion 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 respects, is accepted by the Secretary for registration.

(2) Time limit for completing examinations —A re- gistered student shall be required to complete the intermediate and final examinations within the regis- tration 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 whichever is earlier.

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

22, Registration dc novo.—A person whose regis- tration 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 as provided under regulation 24 in the appropriate form to become a registered stu- dent de-novo, and on his application beine 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 indivi-

dual subjects or groups of the intermediate, or iinai examination, previously secured by him under his former registration witn the dissolved company or the Institute as the case may be. Provided that if a per- son applies alter two years of the expiry of his for- mer registration but in any case within live years thereof, the Council may, subject to such guidelines as may be laid down in this behalf, allow mm to be registered de novo subject to the payment of regis- tration fee and exemption, fee for the individual sub- jects or groups of the intermediate and final examina- tions in which he secured exemption during his for- mer 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 or its Regional Council or Chapter, as the case may be. Provided that such student may be permitted to bor- row 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.

24. Fees by registered students.—(1) Every per- son registered as a student prior to the commence- ment 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 any 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 regis- tration 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 as¹ may be determined by the Council from time to time.

Provided that no restoration of reg'stration shall be affected unless the request for such restoration is re- ceived complete in all respects within two years from the date on which the registration was liable to be cancelled under these regulations.

(2) Admission to examination, expulsion and with-

holding of results ;—

(a) The Examination Committee, or a person au- thorised by it in this behalf may, for reasons to be

• recorded in writing,—

(i) refuse to admit a candidate to an exami-

nation; 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; or

(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 Examina- tion Committee may, for reasons to be re- corded in writing, withhold his result.

(c) Any order passed by the person authorised by the Examination Committee may be re- viewed 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 miscon- duct by a registered student or a candidate snroilfd 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 frpm appearing in any one or more examinations, cancel his examination result, or studentship registration, or debar him from future re- gistration 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, mal-pracfces 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 pos- tal tuition or training to registered students and for this purpose establish and operate a coaching admini- stration by whatever name called, framo guidelines in connection therewith and charge such fee as it may from time to time determine.

(2) The Coaching Administration shall ' at all times function subject to the control, supervision and direction of the Council and the Training and Educa- tional Facilities Committee.

CHAPTER V

UCENC1ATE ICSI

29. Licentiateship.-—(1) A person who has comple- ted the final examination conduct 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 within six months from the date of commencement of these regulations, which- ever is later apply for enrolling him as a licenciate and on his application being accepted by the Secre- tary and on payment of the requisite annual subs- cription as may be determined by the Council from time to time, he shall be enrolled as a licenciate of the Institute and shall be entitled to use the descrip- tive letters "Licenciate TCS1" to indicate that he has qualified in the final examination of the Institute.

(2) A person admitted cs a licenciate 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 licenciate.

(3) A licenciate shall not ordinarily be eligible to renew his enrolment for more than five years after passing the final examination.

(4) The Council may condone the delay in apply- ing for licenciateship by any person for reasons to be recorded in writing.

30. Status of lieenciate.—Grant of licenciateship under regulation 29 shall not confer on such licen- ciate any Tights 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 licenciate may be permitted to borrow books from the library of the Institute, Re- gional Council or Chapter or participate in the activi- ties 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.

CHAPTER VI

EXAMINATIONS

31. Qualifications for membership—-Except as other- wise provided for in the Act or in these regulations, every person desiring to qualify for membership of the Institute shall be required to pass the final exa- mination of the Institute, and also complete the prac- tical training requirements', as specified by the Coun- cil from time to time.

Provided that those who have passed the inter- mediate or final examination under earlier regula- tions shall not be required to pass the corresponding examination of the Institute. Provided further that those who have secured exemption from any exami- nation, group or subject under the earlier regulations shall be entitled to corresponding exemption under 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 examinations shall be held at least once a year.

(2) The dates and places of the examinations and

oth'jr particulars shall be published in the Journal.

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

(4) Every such application shall be sent so as to reach the Secretary in accordance wilh the direc- tion given by the Council from time to time.

33. Dates of registration : Save as otherwise provi- ded in reegulation 37 candidates desiring to appear at an examination shall have themselves registered as students atleast nine calendar months prior to the month in which the examination commences that is to say, if an 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 fulfilment of the requirements of the earlier regu- lations.

Provided further that any candidate registered for oral tuition with any of the oral coaching centre^ as may be recognised by the Council from time to time may be allowed to appear for one group of an examination if he is registered as a student at- least for a period of four calendar months prior to the month in which the examination commences, that is to say, if an examination commences in De- cember, such candidate registered as a student up(o and including July of that calendar year shall be eli- gible.

34. Refund or appropriation of examination fees.— (1) A candidate once issued with an Admission Cer- tificate for an examination shall not be entitled under any circumstances to refund of the exapiination 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 exami- nation fee to the next examination on the ground that he was prevented from attending the examina- tion on account of circumstances beyond his control, and furnishes requisite documentary proof and infor- mation to the satisfaction of the Council, the Coun- cil may permit fifty per cent of the examination fees paid by him to be appropriated towards the fee pay- able for the next following examination.

35. Change of examination centre.—Applications for change of examination centres shall not ordina- rily be entertained and if entertained a fee as may be determined by the Council from time to time shall be charged for the purpose :

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

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

37. Admission to preliminary examination.— (1) No candidate shall be admitted to the preliminary examination unless he has passed the graduate exami- nation of a university constituted by law in India or any qualification deemed equivalent thereto by the Council by a resolution.

(2) A candidate for preliminary examination shall not be required to register himself as a student but shall enrol himself for the examination by submitting the application in the appropriate form along with- such examination fee as may be determined by the Council from time to time so as to reach the Secre- tary in accordance with the direction given by the Council.

38. Exemption from preliminary examination.—A candidate possessing any of the qualifications referred to in clauses (i) to (vi) of this regulation or any other qualifications recognized by the Council with the approval of the Central Government as equivalent thereto shall be exempted from passing the prelimi- nary 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 exemp- tion by the Secretary :

(i) A degree in corporate secretaryship, com-

merce, law or management;

(ii) National Diploma in Commerce awarded by the All India Council for Technical Educa- tion;

(iii) Pass in the final examination of the Insti- tute of Cost and Works Accountants of India or the Institute of Chartered Accoun- tants of India;

(iv) Degree in any discipline other than Fint Arts, with fifty per cent or more marks in the aggregate in all the subjects in which the candidate is required to appear to obtain the degree;

(v) Master's degree in any discipline other than

Fine Arts; or

(vi) Degree in any discipline other than Fine Arts with a Diploma in Commerce; Law. Company Secretarial Practice or Manage- ment awarded by a government or any uni- versity or any educational [professional ins- titution recognised by the Council.

39. Course contents of preliminary examination:—

(1) Subjects.

Candidates for the preliminary examination shall

be examined in the following subjects :

1. English.

2. Book-keeping and Accountancy.

3. Elements of Commerce.

4. Economics

5. Office Management

(2) Syllabus

The syllabus for the preliminary examination shall

be as specified in Part T of Schedule C.

(3) Exemption from individual paper (s).

A post-graduate or a graduate in any discipline not eligible for complete exemption from preliminary examination under regulation 38 above but who has obtained fifty per cent or more marks in any paper(s) covering substantially the course contents of the pre- liminary examination at degree level may be exempt- ed from the corresponding paper(s) of the prelimi- nary examination on submission of application with re- quisite particulars to show his eligibility for exemp- tion and on payment of exemption fee a& may be determined by the Council from time to time and on acceptance of the application by the Secretary.

(4) Qualifying marks

A candidate shall be declared to have passed in the preliminary examination if he obtains at one sitting a minimum of forty per cent marks in each subject and fifty per cent in the aggregate of all the subjects.

Provided that a candidate obtaining sixty per cent marks or above in any subject shall be exempted from appearing in that subject again, if he secures forty per cent marks in each remaining subject and fifty per cent in the aggregate of the remaining sub- ject (s) at one sitting within the next three following examinations.

40. Admission to intermediate examination.—No candidate shall be admitted to the intermediate exami- nation unless he is a registered student and produces a certificate from, the head of the coaching administra- tion (by whatever name designated) to the effect that he has undergone satisfactorily a course of pos- tal or oral tuition for the intermediate examination and applies with such examination fees as may be determined by the Council from time to time so as to reach the Secretary, in accordance with the direct tions given by the Council.

41. Course contents of intermediate examination :—•

(1) Subjects.

Candidates for the intermediate examination shall be examined in six subjects comprised in two groups of three papers each as under :

Grpup I

1. Company Accounts

2. Principles of Law

3. Company Law

Group II

4. Business Communication

5. Principles and Practice of Management

6. Company Administration and Meetings

(2) Syllabus.

The syllabus for the intermediate examination

shall be as specified in Part II of Schedule C.

(3) Qualifying marks

A candidate shall be declared to have passed in a group if he secures at one sitting a minimum of forty per- cent in each subject and fifty per cent in the aggregate of all the subjects of that group and shall be declared to have completed the intermediate ex- amination on passing both the groups. Provided that a candidate who has secured sixty per cent or mora marks in any subject(s) but failed in that group shall be declared to have passed in that group if he obtains a minimum of forty per cent marks in each remain- ing subject and fifty per gent in the aggregate of the remaining subject(s) of that group at one sitting in any subsequent examination.

(4) Distinction.

A candidate shall be declared to have .passed with distinction in the intermediate examination if he ob- tains at one sitting a minimum of sixfy per cent marks in each subject and seventy per cent marks or above in the aggregate in both the groups without obtaining any exemption.

42. Exemptions.—(1) From intermediate exami- nation.—A candidate who has passed the final exami- nation of the Institute of Chartered Secretaries and Administrators, London or any other Company Secre- taryship examination recognised as equivalent thereto by the Council shall be exempted from the interme- diate examination provided he applies for registration within five years of parsing that examination and pays such exemption fee as may be determined by the Council from time¹ to time.

(2). From individual paper.—(i) A candidate who has. passed the final examination of the Institute of Chartered Accountants- of Tndia or the Institute of Cost arid Works Accountants of India and registered as a student may be exempted fr^fn such subjects of the intermediate examination which substantially cover the. course contents of the corresponding subjects of that Institute as determined by the Council from time to time in accordance with reciprocal arrangements as may be entered into with the Council of the respect- tive Institutes on or after commencement of these regu- lations and on payment of such exemption fee as may be determined by the Council from time to time.

(ii) A candidate shall be exempted from the follow- ing paper(s) if he possesses the qualification (s) spe- cified under each .paper having secured fifty per cent marks or.more and,applies for exemption on or be- fore the last date of enrolment for an examination, paying such exemption fee as may be determined by the Council from time to time.

(1) Company Accounts

M. Com. or B. Com. Hons (with Accountancy as

one of the main subjects).

(2) Principles of Law.

A degree in Law.

(3) Principles and Practice of Management

M.B.A. or any other management qualification re- cognised by the Council with the approval of the Central Government as equivalent thereto.

(4) Business Communication.

M.A. in English literature.

43. Admission to final examination :—-No candi- date shall be admitted to the final examination un- less,—

(a) he is a registered student of the Institute;

(b) he has passed the intermediate examination

or has been exempted therefrom;

(c) a minimum period of nine calendar months has elapsed since his passing the interme- diate examination or being exempted from the intermediate examination and registra- tion as a student;

(d) he is certified to have undergone satisfacto- rily a course of postal or oral tuition for the particular group of final .examination by the head of coaching administration;

(c) he gives a declaration to the effect that he will make himself available for practical training for a continuous period of ajtleast four months, when called -upon by the In- stitute to do so in addition to fulfilling other practical training requirements for ad- mission to associate membership as prescrib- ed in these regulations; and

(f) he applies with such examination fee as may be dotermiiaed by. the Council from time to time so as to reach the Secretary in accor- dance with the directions given by the Coun- cil :

Provided that a student registered for oral tuition with any of the oral coaching centres recognised by the Council from time to time may be allowed to ap- pear in one group of the finai] examination, if he fulfils the requirements specified in sub-regulations (a), (b), (d), (e) and (f).

44. Course contents of final examination : — ( I) Subjects.—Candidates for the final examination shall be examined in nine, .subjects. comprised in three groups of three papers each as under :

Group I

(1) Financial Accounting, Costing and Management

Accounting

(2) Managerial Economics

O.) Hinctjonal Management

Group II

(4) Industrial and Labour Laws

(5) Economic Legislation

(ft) Taxation

Group III

(7) Company Law

(8) Company Secretarial Practice

(9) Secretarial Practice (relating to Industrial, La-

bour, Economic and Tax. Laws)

(2) Syllabus

The syllabus for the final examination shall be as

specified in Part 111 of Schedule C.

(3) Qualifying marks

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 in the aggregate of all the subjects of that group ;md shall be declared to have completed the final exa- mination on passing all the three groups.

Provided that a candidate who has secured sixty per cent or more marks in any subjec't(s) but failed in that group shall be declared to have passed in that group if he obtains a minimum of forty per cent marks in each remaining subject and fifty per ce'nt marks in aggregate of the remaining subiect(s) of that group at one sitting in any subsequent exami- nation.

(4) Distinction

A candidate shall be declared to have passed with distinction in the final examination if lie obtains at one sitting a minimum of sixty per cent marks in each subject and seventy per cent marks °r above in the aggregate in all the groups, without obtaining any exemption.

45. Exemption from papers of final examination :— A candidate who has passed the final examination of the Institute of Chartered Accountants of India or the Institute of Cost and Works Accountants of Tndia and registered as a student may be exempted from such subjects of the final examination which substantially cover the course contents of the corresponding sub- jects of that Institute as determined by the Council from time to time in accordance with the reciprocal arrangements as may be entered into with the Council of the respective Institutes on or after commencement of these regulations and on payment of such exemption fee as may be determined by the Council from time to time :

676 GT/R2—6

Provided, that the exemption available to such a candidate registered under the earlier regulations may be allowed by the Council for a maximum period of two years from the date of commencement of these regulations.

46. Examination Results.—(1) Individual intima- tion : Every candidate shall be individually informed of the marks obtained in each paper and the result thereof but under no circumstances the marks obtain- ed in individual questions or sections of a paper shall be furnished.

(2) Verification of marks.—Information as to whe- ther a candidate's answers to each question in any particular subject or subjects at any examination have been examined and marked or not shall be supplied to a candidate on his submitting an application with such verification fee as may be determined by the Council from time to time within thirty day& of the declaration of the result of the said examination.

Explanation.—Fee referred to in this sub-regulation is only for verifying whether the candidate's answers in any particular subject or subjects have been exami- ned and valued and not for revaluation oF the ans- wers.

(3) Issue of examination certificates.—Every can- didate passing the preliminary examination or comp- leting the intermediate or final examination shall be granted a certificate to that effect in the appropriate form by the Secretary.

CHAPTER VII

PRACTICAL EXPERIENCE AND TRAINING REQUIREMENTS

47. A candidate who has passed the final examina- tion of the Institute shall be required to possess the practical experience and undergo the practical train- ing, or be exempted therefrom, as specified in this Chapter for becoming eligible to Associate member- ship of the Institute.

48. Practical experience or apprenticeship.—(1) Every candidate registered as a student on or after the date of commencement of these regulations and pass- ing the final examination of the Institute shall be re- quired, cither.

fa) to possess practical experience to the satisfac- tion of the Council in any of the following manner namely :—

(i) fn a supervisory position in the secretarial, ad- ministrative, legal, personnel, finance or accounts de- partments in any company having a naid-up capital of not less than rupees twenty five lakhs for atleast one year; or

(ii) as a lecturer in any university or college affilia- ted to any university, having tausht atleast o'ie sub- ject in tr-c disciplines of Law, Management or Accoun- tancy, for at least three years; or

fiii) as a Gazetted Officer in the Central or State Government or in a supervisory post equivalent there- to in anv autonomous or statutory body, in depart- ments which renerallv deal with matters relating to working of corporate sector, for at least three years; or

(b) to undergo apprenticeship training under a whole-time practising company secretary or in a firm of practising company secretaries as approved by the Council for a period of one year, or on part-time basis for a period of one year and six months.

(2) The candidates undergoing whole time appren- ticeship training shall be required to work during nor- mal working hours for a period of one year and candi- dates undergoing part-time apprenticeship training shall be required to work for a minimum of three hours every day for five days in a week for a total period of one year and six months.

49. Stipend and apprenticeship after Intermediate examination :—(1) A practising Company Secretary or a firm of practising Company Secretaries under whom a candidate is required to undergo apprentice- ship training under clause (b) of sub-regulation (1) of regulation 48 shall be required to be approved by the Council and shall pay a monthly stipend as may be determined by the Council from time to time.

(2) A candidate who has passed the inteimediate examination of 'he Institute may commence the ap- prenticeship training with the approval of the Secre- tary if sufficient practising Company Secretaries will- ing to accept apprentices arc available for the pur- pose.

50. Compulsory practical training.—Every candi- date rasping the final examination of the Institute, in addition to acquiring practical experience or under- taking apprenticeship training as stipulated in regula- tion 48 above, shall be required to undergo practical rr,?inins for a total period of four months as specified below :

(a") Compulsory training In a public limited com- panv or bodv corporate having a paid-up capital of not IPSS than rupee<; twentv five lakhs, as approved by the Council from time to time as under in the following manner :—

(i) Secretarial P£partment (including shares and legal) one month

(ii) Finance and Accounts Department (including Costing, Management Accounting, Internal Audit and Taxation) cne month

(Hi") Financial or Banking Institutions fifteen days nel. General Administration, Industrial, Public Rela- tions, Marketing and Materials Management)

one month

(b) Training in any two organisations as- approved

by the Council from time to time as under : —

(i) Office of Registrar of Companies

fifteen days

Cii) Stock Exchanges fifteen days

(iii) Financial or Banking Institutions fifteen days

Civ) Management Consultancy Firms (providing management consultancy services to com- panies and other bodies corporate)

fifteen days

51. Total exemption from undergoing practical training.—A candidate may be fully exempted from undergoing practical training as specified in regula- tion 50 if he possesses,—

(a) two years' experience as an officer or one year experience as Deputy or Assistant Secretary or any post equivalent or higher thereto, in the secretarial department of a company having a paid-up capital of not less than rupees twenty five lakhs; or

(b) three years experience as an officer or two years' experience as Secretary, Deputy Sec- retary or Assistant Secretary in the secreta- rial department of a company having a paid- up capital and reserves of not less than rupees twenty five lakhs ; or

(c) three years standing as a member of the All India or Central Services in the Centra] Government, or any position in Central or State Government or autonomous or statu- tory body considered as equivalent thereto by the Council out of which atl.ast one year, in a Department dealing with matters relating to working of companies and other bodies corporate; or

(d) (i) three years' experience as a professor of Ian, management, accountancy, commerce or

(ii) seven years' experience as a lecturer with a Ph.D. degree in corporate research, law, management, or accountancy,

in a university or a college affiliated to a

University.

52. Partial exemption from undergoing practical training:—A candidate who has acquired practical experience as specified in regulation 48, may be ex- empted for a maximum period of one month in any one of the three compulsory areas of practical train- ing specified in clause (a) of regulation 50 and a maximum period of fifteen days in any of 'he optional areas specified in clause (b) of regulation 50, provid- ed he gives documentary evidence to show that he has acquired substantial portion of his practical experi- ence in those areas.

53. Exceptions.—-(1) Any person registered a& a student by the dissolved company or the Institute as the case may be prior to the coming into force of these regulations shall be required to undergo practical training for a maximum period of four months onlv as> specified in regulation 50 above within a period of three years after passing the Final examination or the coming into force of these regulations, whichever is later and full or partial exemption from praotical train- ing may be granted depending on his profe:sional qualifications and practical experience, as considered appropriate by the Council.

(2) Any person not falling In all or auy respects with regard to practical experience and practical training requirements as specified in the regulations 51 and 52, bu't claims to have acquired practical experience and undergone practical training, equiva- lent to those specified under these regulations may apply for full or partial exemption from acquiring practical experience or undergoing practical training as the case may be and the Council may determine each case for partial or total exemption taking into account Ihe evidence produced by such person or after inter- viewing him,

54. Requirement of certificate of experience and practical training by members of the Institute.—Every applicant claiming to have acquired the necessary practical experience and undergone the prescribed practical training, shall be required to obtain certifi- cate from at least two members having a standing of three years membership as approved by the Council, certifying that in the opinion of the certifying mem- bers, the candidate Is a fit and appropriate person to be admitted to the associate membership of the Insti- tute.

55. Proof of practical experience and training.— A candidate who possesses the requisite practical ex- perience and has undergone the requisite practical training or has been exempted therefrom as provided in these regulations, shall be required to produce neces- sary documentary proof to the satisfaction of the Council alongwith his application in the appropriate form for associate membership.

CHAPTER VIII

CONSTITUTION OF THE COUNCIL

56. Regional constituencies.—For the purpose ot constitution of the Council in pursuance of clause (a) of sub-section (2) of section 9, the electorate shall be constituted into such regional constituencies as may be notified in this behalf by the Central Govern- ment in the Official Gazette.

57. Proportional representation.—(1) The Council shall notify in the Journal at least sixty days before the date of annual meeting in the year of election of members to the Council,—

(a) the total number of persons to be elected to the Council from all the regional constitu- encies, and

(b) the number of persons to be elected from

each regional constituency.

(2) THc number of persons to be elected to the Council from each regional constituency shall bear the same proportion to the number of persons to be elected from all constituencies as the number of members of the Institute in that regional constituency bears to the number of members of the Institute in alll constituencies, the resultant fraction excteeding half being counted as one and the resultant fraction equivalent to or less than half being omitted.

(3) The number of persons to be elected from a regional constituency under sub-regulation (2) shall be decided on the basis of the number of members from such regional cons'ituency as borne on the Re- gister on the first day of April in the year of election.

(4) Notwithstanding anything contained in sub- regulation (2) each regional constituency shall ha^e at leas't two persons elected therefrom to the Council.

58. Duration of office.—(1) The persons elee'ed to the Council shall be deemed to have become mem- bers of the Council from the date of the first meeting of the Council held after the election.

(2) An elected member of the Council shall, sub- ject to the provisions of sections 13 and 14 hold office for a period of three years.

(3) An elected member of the Council whose term of office has expired shall be eligible for re-ekction for not more than one consecutive term.

CHAPTER IX

ELECTIONS

59. Date of election.—The Council shall fix the date for calling nominations and shall, at L-ast sixty days before the date of the annual meeting in the year of election of members of the Council, notify in the journal the following dates for the conduct of elec- tions namely.—

(a) the last date for receipt of nominations;

(b) the last date for withdrawal of nominations;

(c) the last date for receipt of ballot papers from

voters by post;

(d) the date of declaration of results; and

(e) any other date or dates for the conduct of election as may be determined by the Coun- cil.

60. Returning officer.—The Secretary shall be the returning officer for the conduct of elections in accord- ance with these regulations.

61. Members eligible to vote.—(1) Subject to the other provisions of these regulations, a person whose name is bornu on the Register as on the date of issue ot notification under regulation 59 shall be eligible to vote in an election in respect of all regional cons- tituencies provided that his name has not been removed from the Register after the said date and before the dafe of counting of votes.

(2) The regional constituency of every member eligible to vote shall be determined in accordance with the professional address borne on the Register on the last date fixed for receipt of nominations. Provid- ed that if the professional address is not borne on the Register on the relevant date, the residential add- ress borne on the Register shall determine his regional constituency.

(3) In the case of members having their professional addresses outside India and eligible to vote, their regional constituencies shall be determined according to their professional address in India registered be- fore they went abroad or the residential address in

India provided by such members as on the last date fixed for receipt of nominations under regulation 59, whichever is later.

62. Members eligible to stand for election,—Any member whoso name is borne on the Register as a Fellow as on the last date fixed for receipt of nomi- nations under clause (a) of regulation 59, shall be eligible to stand as a candidate for election to the Council from the Regional Constituency in which his professional address is included. Provided that no member shall be eligible to stand as a candidate for election to the Council and to a Regional Council at the same time.

Explanation.—For the purposes of this Chapter, unless the context otherwise requires, "candidate" shall mean a person who is entitled to file and has filed his nomination for election to the Council under these regulations and whose name continues to be borne on the Register on the date of declaration of results of elections.

63. Nominations.—(1) The Council shall not less than sixty days before the date of annual meeting in the year of election, notify in the Journal the number of persons to be elected from each regional constitu- ency and call for nominations of candidates for elec- tion within a specified date which shall not be less than fourteen days from the date of issue of the noti- fication.

(2) The nomination of a candidate shall be in the appropriate form duly signed by the candidate and by the proposer and the seconder, all of whom shall be persons entitled to vote in the election and shall be delivered in person or forwarded by registered post to the Secretary by name so as- to reach him not later than 'he last date fixed for receipt of nominations.

(3) The nomination shall be accompanied by a statement signed and verified by the candidate contain- ing information concerning the candidate in respect of thu following matters and shall not be valid unless it is accompanied by,—

(a) Name, membership number and address;

(b) Age;

Cc) Academic and professional qualifications; (University degree, post-graduate diplomas given by a University and membership of professional bodies recognised by the Council).

(4) The statement referred to In sub-regulation (3) above may also contain, at the option of the candi- date, information concerning the candidate in res- pect of the following matters provided that no such information shall relate to a period of more than five years before the date of nomination in respect of sub- clauses (ii) and (iii) of clause (c).

fa) Merit awards (in the degree|diploma examin- ations conducted by universities and exami- nations conducted by the dissolved com- pany or the Institute and other bodies, recognised by the Council for the purpose) (b) Particulars of occupation:

(i) Employment (name of employer with exact

designation of candidate).

(ii) Practice (sole proprietor or in partnership

including the name of the firm).

(iii) Particulars of other occupation, if not

covered by (i) and (ii) above.

, (c) Other particulars:

(i) Past and present membership of the Coun- cil, Regional Councils and Managing Committees of Chapters including Office of President and Vice-President in the Council and Office of Chairman, Vice- Chairman, Secretary or Treasurer in the Regional Councils and Chapters.

(ii) Contributions in professional seminars and conferences organised by the Council, its Regional Councils and Chapters.

(iii) Authorship of books or articles on any subjects directly related to corporate and business management and of interest to Company Secretaries.

(iv) Academic positions held in universities and professional institutions recognised by the Council.

(5) The candidate may further at his option furnish

a copy of his recent passport size photograph.

64. Nomination Fee.—Every candidate standing for election .'•hall, alongwith his nomination form, pay at the headquarters office a fee of rupees three hundred in cash or demand draft which shall not be refundable under any circumstances except in the event of the rejection of nomination under regulation 65 or withdrawal of nomination under regulation 67.

65. Scrutiny of nominations.—(1) The Secretary shall scrutinize the nomination papers of all the can- didates and shall endorse on each nomination paper his decision whether he accepts or rejects the nomina- tion.

(2) The Secretary shall record a brief statement of

his reasons if. he rejects a nomination.

(3) The Secretary shall reject a nomination if he is

satisfied that :—

(a) the candidate is not eligible to stand for

election under regulation 62;

(b) the proposer or seconder is not qualified ip subscribe to the nomination of the candi- date under sub-regulation (2) of regulation 63;

(c) the signature of the candidate or of the pro- poser or the seconder is not genuine or has been obtained by coercion or fraud;

(d) the provisions of regulations 63 and 64 have

not been complied with.

„. Explanation I.—The Secretary may not reject a nomination paper on the ground of a technical de- fect which is not of a substantial character.

Explanation II.—The rejection of a nomination of a candidate by reason of any irregularity in respect of lhat nomination shall not be a ground for rejection of another nomination which is valid in inspect of the same candidate.

Explanation 1IT.—If a proposer or it seconder in- curs a disability by reason of the operation of the provisions of the Act or these regulations subsequent to the last date fixed for receiptof nomination, it shall not invalidate the nomination.

(4) Where all the nominations of a candidate have been rejected, the Secretary shall give notice of his decision together with a brief statement of his rea- sons therefor tt> the candidate concerned by registered post within seven days of the last date fixed for re- ceipt of nominations.

66. Preparation of lists of valid nominations.—(1) On completion of the scrutiny of the nominations, the .Secretary shall forthwith prepare a list ot valid no- minations received in respect of such regional consti- tuency and cause a copy of the list to be sent by re- gistered post to each candidate within seven days , of the last date fixed for receipt of nominations.

(2) The list shall contain the names in alphabeti- cal order with the professional addresses of such candidates in respect of each regional constituency or in case the professional address is not borne on the Register on that relevant date, residential address of such a candidate in respect of the regional consti- tuency.

67. Withdrawal of nomination.—(1) A candidate may withdraw his nomination by notice in writing, subscribed by him and delivered to the Secretary, on or before the last day fixed for such withdrawals which shall not be less than ten days from the date following the date of issue of the communication un- der sub-regulation (1) of regulation 66.

(2) A candidate who has withdrawn his nomination

shall not be entitled to rescind his withdrawal.

13) All withdrawals of nominations shall be inti- mated by the Secretary to the other candidate^ standing for election from the same regional constituency within seven days of the date fixed for withdrawal of nominations.

68. Intimation of final list of nominations to vot- ers.—(I) The Secretary shall omit from the list of valid nominations th^- names of candidates who have withdrawn their nominations and send the final list of nominations in respect of each regional consti- tuency, by registered post to the candidates standing for election and by recorded delivery to the members eligible to vote.

(2) The lisf shall also be accompanied by parti- culars regarding candidates as compiled and prepared by the Secretary from the particulars to the extent supplied by the candidates under sub-regulations (3), (4) and (5) of regulation 63.

(3) In compiling the particulars required to accom- pany the list under sub-regulation (2) (hereof, the Secretary shall—

(a) make use of the paiticulars furnished by the candidates under sub-regulations (3), {4) and (5) of regulation 63.

(b) not include anything, whether or not con- tained in the particulars furnished by the candidate as aforesaid, except to the ex- tent the particulars conform to the require- ments of sub-regulations (2), (3), (4) and (5) of regulation 63; and

(c) correct any manifest errors that may have

come to his notice.

(4) The particulars required to accompany the list of nominations, as aforesaid shall prominently indicate that they are compiled on the basis of the paiticulars furnished by the candidates under sub- regulations (2), (3), (4) and (5) of regulation 63 and that no rcspons bility is accepted by the Secretary as to the correctness of the said particulars.

69. Death or cessa'ion of membership of a candi- date.—If a candidate dies or otherwise ceases to be a member before the date of declaration of the results of election but after the date fixed for withdrawal of nomination under regulation 67, the election for the respective regional constituency shall be conducted amongst the remaining candidates belonging to the regional constituency and no fresh proceedings With reference to the election of members in that regional constituency shall be commenced.

70. Candidates deemed to be elected if their number is equal to or less than the number of members to be elected,—-(1) Where the number of candidates validly nominated from any regional constituency is equal to or less than the number of persons to be elected from that constituency, or where the number of candidates from any constituency becomesl equal to or less than the number of persons to bo elected from that constituency by reasons of the death or ces- sation of membership of one or more candidates be- fore the date of election, the remaining candidates shall be deemed to be elected and the Secretary shall declare all such candidates as duly elected.

(2) Where the number of candidates from a re- gional constituency, is less than the number of per sons to be elected from thai regional consti- tuency, the Council may, at the annual meeting im- mediatjy following the election or thereafter, recommend a. panel of Fellow members from that regional constituency for nomination by the Central Government under section 11 of the Act.

71. Mode of election.—The election shall be by postal ballot and each member eligible to "vote under regulation 61 hereinafter referred to as a voter shall cast his vote as per the instructions contained In i hS behalf in the ballot paper sent in accordance with these regulations.

72. Admissible number of votes to a voter.—(1) A voter shall have one vote only for each seat on the Council.

• .,,iM^

(2) A voter in order to cast his vote shall,—

(a) place on his ballot paper a cross mark 'X' in the squares ' Q' opposite the names of the candidates for whom he desres to vote in each regional constituency; and

(b) ensure that the number of cross marks plac- ed by him in the -squares opposite to the names of die candidates for whom he de- sired to. vote in- each regional constituency does not exceed the number of seals to be filled up from that regional constituency.

73. Ballot paper.— The ballot paper shall con- tain a list of the names of the validly nominated candidates in alphabetical order, regional constituency- wise and the emblem of the Institute.

74. Secretary to send ballot papers by post.—Not less than fourteen days before the date fixed tbi the declaration of the results of the election, the Secretary shicll cause to be sent by recorded delivery to each voter, a ballot paper with instructions as to the manner in which the votes shalJ be recorded therein, an outer envelope prepaid for ordinary post for return of the ballot paper and an inner envelope to enclose the ballot paper specifying the date by which the ballot paper shall reach the Secretary.

75. Procedure for return of ballot papers.—(1) Every voter shall record his vote personally in the ballot paper, fold and place it inside the inner enve- lope provided for that purpose, close the envelope by passing and append his signature on the envelope at the place provided for that purpose.

(2) A voter may be required to send a signed dec- laration of having complied with the sub-regulation (1) personally.

(3) Thereafter, the voter shall place the closed and signed inner envelope in the outer envelope prepaid for ordinary post, close and paste the outer envelope, put the membership number, name and signature on it on the space provided for that purpose, and post it, so as to reach the Secretary not later than the last date specified for receipt of ballot papers from voters by post under regulation 59.

(4) A voter may, at his option and expense, for-

ward the ballot paper by registered post.

76. Issue of undelivered and fresh ballot papers.— Where a ballot paper and the accompanying material sent by post under regulation 74 were lost or damag- ed in transit or for any reason returned undelivered or not received by a voter, the Secretary may, if he is. satisfied with the reasons given for such loss, da- mage of return, re-issue them by registered post or deliver them or cause them to be delivered to the voter, as the case may be, on his applying for the same in writing.

77. Grounds for declaring ballot papers invalid.—

0) A ballot paper shall be held invalid if,—

fa) a voter signs his name or write? any word or figure upon it by which the ballot paper becomes recognisable, or by which the vo- ter can be identified;

fb) it does not bear the emblem of the Insti-

tute;

(c) it is unmarked or otherwise void by reason of

uncertainty;

(d) any paper including a forward'^ letter is sent alongwith the ballot paper in the inner envelope;

fe) a member fails to put his signatures on the envelopes sent alongwith the ballot paper us required under regulation 75.

(f) the name of the voter has been removed from the Register before the date of counting of votes; or

(g) the envelope containing the ballot paper is received aftvr the last date fixed for its receipt by post.

2. A vote shall be declared invalid in respect of a regional constituency if it appears from a ballot paper that a voter has placed on the ballot paper cross marks opposite the names of more candidates than the number to be elected from that regional constitutency.

78. Appointment of time and date for counting of votes.—The Secretary shall appoint a date or dates (and time for each such date, if needed) for the count- ing of vote? &t the headquarters of the Institute and shall also give notice of such date or dates and time in writing to all the candidates standing for election.

79. Appointment of scrutineers.—The Secretary may appoint a panel pf two or more persons who are neither members of the Council nor candidates for election, to act as scrutineers of the ballot papers and to assist the Secretary generally in the conduct of election.

80. Presence of candidates or their representatives at the time of counting of votes.—A candidate stand- ing for election shall be entitled 'to be present in per- son or to issue a letter of authority to another mem- ber to be present as his representative at the time of the counting of the votes, provided that such letter of authority is deposited with the Secretary befote the time fixed for counting of votes.

81. Counting of votes.—On the date and at the time appointed under regula ion 78 for the purpose of counting of votes in respect of each regional consti- tuency, the Secretary shall arrange to,—

(a) allow the candidates or their authorised representatives present at the time of count- ing, an opportunity to inspect the outer en- valopes received by post for satisfying themselves that they arc in order ;

(b) open and take out the ballot pcapers from each inner envelope, shuffle all the ballot papers so that the voters who sent them are not identified with any particular ballot paper, record the number thereof in a statement, make separate packets of the ballot papers for each regional constituency ; and

(c) count the votes in the following manner ;—

(i) the ballot papers shall be examined and

invalid ballot papers shall be rejected;

fii) the ballot papers shall be divided into

convenient lots,

(iii) the number of votes obtained by each candidate in each lot and the total num- ber of votes obtained by each candidate from all thg lots shall be counted, and

(iv) the candidates in each regional constituen- cy who have obtained the highest num- ber of votes from among the candidates contesting from that regional constituen- cy shall be declared as elected according to the number of persons to be elected from ihat regional constituency.

82. Procedure in case of a tie.—(1) Where, alter counting of votes, a tie is found to exist between any two or more candidates and the addition of one vote shall entitle any one of ihosc candidates to by declared elected, lots shall be drawn and the candidate whose name is drawn from the lot shall be deemed to have received an additional vote and shall be declared to be duly elected.

(2) The drawing of lots shall be done in the pres- ence of candidates or their authorised reruescntatives present at the time of counting.

83. Declaration of results.—The names of the candidates elected shall be declared on the dale fixed for declaration of results and shall be communicated individually fo all the candidates who stood for elec- tion and shall also be notified in the Journal.

84. Election not to be invalid due to accidental omission etc.—No election shall be deemed to be invalid merely because of the accidental omission to send', or delay in sending a ballot paper to a voter, or the accidental non-receipt of, or delay in receipt of a ballot paper by a voter, or any other accidental irregularity or informality in the conduct of the elec- tion.

Explanation—Tf, under any of the provisions of this chapter, the Secretary is required to notify or com- municate to all members generally any matter, the said requirement shall be deemed to have been com- plied with if the said matter has been notified in the Official Gazette or in the Journal and a period of seven days has elapsed after the release of the Offi- cial Gazette or the posting of the Journal to ihe members.

85. Decision of the returning officer to be final.— The decision of the returning officer pertaining to conduct of election shall, subject to regulation 86, be final not only in respect of all matters concerning the interpretation of these regulations but also in respect of the procedures adopted and not specifically covered by these regulations.

86. Dispute on election matters.—(1) An appli- cation by any aggrieved candidate against the deci- sion of the returning officer on the validity of nomi- nations or declaration of election results, or anv other matter relating to or incidental thereto, which is material to the conduct of elections shall be made to the Council within thirty days from the date of declaration of the results of an election and the Coun- cil shall refer the dispute to a Tribunal appointel bv fhe Central Government under sub-section (2)

(2) At the time of Giving its decision, 'the Tri- bunal mav pass such order as to costs as it may consi- der appropriate.

-47

(3) If the Tribunal is satisfied that an application made under sub-section (2) of. section 10 was frivo- lous or not founded on any valid ground, it may award costs to the Council.

87, Disciplinary action against members in con- nection witli conduct of election.—(1) A member shall be liable to disciplinary action by the Council, if in connection with the election to the Council, he is found to have taken part, directly or indirectly, either by himself or 'through any other person, in any of the following activities,—

(a) Issuing manifestoes, letters or circulars:

(b) canvassing support for any candidate or votes, expressly or by implication, by visit- ing places of business or residence of the voters, or by writing personal letters or in any other manner, whatsoever ;

(c) organising parties to entertain voters.

Explanation—Furnishing through the form of nomi- nation and particular^ under sub-regulations (2), (3), (41 and (5) of regulation 63 and particulars re- quired or permitted to be furnished therein to enable the Secretary to send the information pursuant to regulation 68 shall not render a member liable to disciplinary action under this regulation.

(2) A member shall be liable to disciplinary action by the Council, if he adopts one or more of the fol- lowing practices with regard to the election to the Council, namely :

(a) Bribery, that is 'o say, any gift, offer or promise of any gift or gratification to any person, by a candidate or any other person with his connivance, with the object, direct- ly or indirectly, of—

(i) inducing a member to s'tand oi not to

stand as a candidate for election ;

(ii) inducing a candidate to withdraw his candidature or rewarding such withdra- wal ; or

fiii) inducing a voter to vote or not to vote at an election, or as a reward fcr such act or omission.

Explanation—For the purposes of this regulation, the term 'gratification' is not restricted to pecuniar}' gratification or gra ifica'ion estimable in money, and it includes all forms of entertainment and all forms of employment for reward", but it does not include the payment of any expenses bona fide incurred, at or for the purpose of any election,

fb) Undue influence, that is to say, any direct or indirect in'crference or attempt to inter- fere on the part of a candidate or of any other person, with his connivance, with the free exercise of any electoral right.

(c) Tfv> publ;cation bv a candidate or by any other person with his connivance, of any s'a'ement which is false or which he either believes to be false or does not believe to be true, in relation to the personal charac- ter or conduct of any candidate or in reta-

lion to the candidature or withdrawal of any candidate, being a statement reasonably calculated to prejudice the prospects 01 that candidate's election,

(d) The obtaining or procuring or abetting, ui uuempting to obtain or procure, by a candi- date or by any other person with his con- nivance, any assistance for the furtheiancc of the prospects ot the candidate's election from any person serving under the Govern- ment of India or the Government of any State other than the giving of vote by such person, if he is a member entitled to vote.

(e) Any act specified in sub-regulations (a) to (d) above when done by a member, who Is not a candidate or a member acting with the connivance of a candidate.

(f) The receipt by a member or an agreement by a member to receive any gratification as an inducement or reward—

(i) for standing or not standing as a candi-

date ;

(ii) for withdrawing his candidature ;

(iii) for himself or any other person for vot-

ing or refraining from voting;

(iv) for inducing or attempting to induce any voter to vote or to refrain from volinj ; or

(v) for inducing or attempting to induce any candidate o withdraw his candidature.

Cg) Contravention or m'suse of any of the pro- visions of this Chapter or making of any false statement knowing U to be false nr without knowing it to be rue, while com- plying with any of the provisions of this Chapter.

CHAPTER X

MEETINGS AND PROCEEDINGS OF THE COUNCIL

88. Meeting of the Council.—The Council shall meet at least once in every three months at such time and place as the Council may determine. Pro- "ided that if the Council docs not fix the date or place or the circums ances so warrant, the President may fix.

89. Special meeting of Council-—A special nieeling of the Council may, at any time be called by the President or in his absence by the Vice Presi- dent, or at the request in writing addressed to .he- Secretary by not less than one-fourth of the mem- bers of the- Council for the time being,

(2) Notwithstanding anything contained in sub- legulation ( I) a special meeting called under regula- uon ti'J may be convened giving such shorter notice as circumstances) may permit.

91. Advancement or postponement of meetings.—• Any meeting ot the Council, convened to be held at a particular date or dates, may be advanced or postponed by the Prescient to a specific dale or dates, not exceeding thirty days from the date ori- ginally determined tor the meeting, if in his opinion such advancement or postponement is warranted, which may also include change of time and place of the meeting. Notice of changes of such a meeting shall be sent to the registered address of every member of the Council not less than five days before the date fixed lor the advanced meeting or before holding of [he postponed meeting. The business to be trans- acted at that meeting shall be the same as was in- tended for the original meeting unltss, any other business is admitted by the Chairman at that meet- ing.

92. Chairman of the Council—At all meetings of the Council, the Presiden', and in his absence the Vice-President shall be the Chairman ; in the absence of bo:h, the members present shall elect one of their number to be the Chairman of the meeting :

Provided that, at the first meeting of any Council the President of the outgoing Council, or in his absence its Vice-President, shall act as the Chairman until s.uch time a President is elected under the provisions of sub-section (1) of section 12 ;

Provided further that in the absence of both the President and the Vice-President of the outgoing Council, the members of the Council present shall elect one of their number to be the Chairman of the meeting until such lime a President is elee'ed under the provisions of the sub-section (1) of section 12.

93. Ouorum for meetings.—(1) Not less ttSn one third of the total number of members of the Council for the time being shall constitute the quorum for a meeting, fraction being treated as a whole number for this purpose.

(2) If a quorum is not present within hnlt an hour from the time appointed for the meeting the same shall be adjourned fo such other date, time and place as the President may appoint and at the adjourned meeting the members present shall consti- tute the quorum to transact the business intended to be transacted at the original meeting.

94. Voting on resolution at a meeting and casting vote--At all meetings of 'the Council, in the event of difference of opinion" on any matter the vote of the majority shall prevail¹ unless otherwise required by the Act or these regulations, and in the case of equality of votes, the Chairman shall have a casting vote in nddition to his original vote.

to place but no business shall be t r a n s a ct at any adjourned meeting other than the business left un- finished at the meeting from which the adjournment took place unless not less 'than live days' notice of any other business to be transacted at such adjourn- ed meeting has been given to the members.

(2) If no new business is intended to be transaced at an adjourned meeting unless it is so directed in the resolution for adjournment of a meeting, no notice need be given of an adjourned meeting.

96. Record of Minutes.—Minutes shall be kept of

all resolutions and proceedings of the meetings of I he Council and its Committees which shall be approved and signed by the Chairman of tha same or the Chairman of the next mee.ing,

97. Passing of resolution by circulation.—(1) The Secretary may, on the instructions of the President, in emergent circumstances, circulate a resolution to- gether with all relevant papers to the members of the Council for decision of any question :

Provided that, where not less than one fourth members of the Council for the time being require that any resolution under circula- tion should be decided at a meeting, the President shall withdraw the resolution from circulation and have the question de- cided at a meeting of the Council.

(2) No decision shall be arrived at on any resolu- tion circulated among the members of the Council before the expiry of ten days from the date of cir- culation¹ of the resolution or before the receipt of the iespouse from all the members for the time be- ing in Tndia, whichever is earlier.

(3) Every resolution passed by circulation by a majority of members out of those who respond to the resolution shall be communicated to all the mem- bers of the Council and recorded in the minutes of the meeting of the Council held immediately after the passing of the resolution by circulafjon.

CHAPTER Xf

STANDING AND OTHER COMMITTEES (2) Secretary to Committees.

The Secretary of the Institute shall be the Secre- tary to each Committee, unless the Council otherwise directs.

(3) Maintenance of minutes of committees.

The Secretary shall maintain a record of all the business transacted by a committee cither by circula- tion of papers or at meclings of the Committee.

99. Executive Committee.—The Executive Com- mittee shall perform the following functions, name- Jy :-

(a) maintenance of the office of the Council and for this purpose employ, suspend, discharge or rc-employ the neceSsary staff on such term and conditions as it may deem fit;

(b) maintenance of proper accounts of all re- ceipts and payments on behalf of the Coun- cil and the matters in respect of which such receipts and payments take place and of the property, securities, debts, funds and liabilities of the Institute ;

fc) maintenance of the Register and any other register required to bo maintained under these regulations partaining to the members of the Institute ;

Cd) control and cus'ody of the property, assets

and funds of the Institute ;

(e) investment of the surplus funds of the Institute in any government security or other securities as approved by the Central Government and to vary such investments from time to time.

CO disbursements from the funds of the Insti- tute for expenditure, both revenue and capital, within the cs'imatc previously sanc- tioned by the Council :

merce, or any other public or private orga- nisations and¹ to do all things in connection therewith :

(e) purchase of books, magazines, equipment and the like for the library and arranging for its proper running and maintenance ;

management, financial accounting, costing and management accounting for purpose of clause (j) of sub-section (.-) oi section 15.

(c) publication of research pamphlets and other literature or arranging tor such publications subject to the approval of the council on subjects specified in sub-regulation (b.) above, for purposes of clause (k) of sub- section {2) of section 15;

(d) making recommendations to the Council on any or all matters relating to research and publicatioDs ;

(e) engagement of research personnel subject to the sanction of the Council in case of remunerated posts ;

(0 incurring expenses within the limit previous- ly sanctioned by the Council for the per- formance of 'the above functions ; and

(,g) carrying out such other functions a& may be entrusted to it from time to time by the Council.

1U4. Journal Committee.—The Journal Committee shall perform all functions for the publication of the Journal and £or the maintenance of proper standard and quality thereof.

10.V Professional Development Committee.—The Professional Development Committee shall perform the following functions, namely :—

(a) keeping in constant touch with various pro- fessional and public bodies including Cen- tral and Slate Governments with a view to furthering the esteem of the profession of Company Secretaries ;

(bj making representations to the Central and State Governments in connection with pro- fessional matters with a view to raising the standard and status of the profession ;

(c) organising on its own or in collaboration with other professional bodies and manage- ment development institutions or through Regional Councils or Chapters on various professional development programmes in- cluding meetings, talks and lectures, regional conferences, seminars, symposia and annual conventions for the acquisition and disse- mination of professional knowledge to the members and others and to determine the fees to be charged for participation in such professional development programmes ;

(d) propagating amongst the members of the Institute the advisability and the necessity •of observing the rules of professional con • duct;

(c) publishing and circulating secretarial manual

and other books on matters of professional interest and of practical utility to the mem- bers and others except those referred to in clause (c) of regulation 103 and regulation 104.

(0 publishing and circnlaiiii" monographs and li'erature to provide information on the role, scope and utility of the profession of Company Secretaries und the Institute ;

(gj offering suggestions to the Central and State Governments for amendment of various Aci for the greater utilisation of the profession ;

(h) obtaining recognition from the Central and State Governments, other statutory and pub- lic authorities and institution on the role of practising Company Secretaries and pro- moting and developing by various means the concept of practising Company Secreta- ries ;

(i) doing such other things for up-dating the professional knowledge of the members and general upliftment of the status and stan- dard of the profession und Ihe Jnsti'tute as may be entrusted to it by the Council from time to time.

106. Council's power to review and to delegate not affected.—-(1) Nothing in this Chapter shall ailed the power of the Council to review the decisions of any Standing or other Committees and to assign to them such other duties and functions as it may determine from time to time.

(2) Subject to the provisions of the Act the Coun- cil and its Committees shall have power to delegate by resolutions passed at meetings any of their duties and function to the President, Vice-Prtsident or Secretary as they deem necessary and proper for car- rying out the activities of the Institute.

107. Time and place of meeting of Committees.— (1) 1 he Chairman of a Committee may at any lime and shall, on a written requisition by any two mem- bers of the Committee, call a meeting of the Commit- tee.

(2) The meeting of a Committee shall be held at

such pluee and such time as its Chairman may direct.

(3) A notice of not less than five days of every .such meeting shall ordinarily be given to every mem- ber of the Committee.

(4) Any meeting of a Committee which is called to be held on a particular date or dates may be post- poned by the Chairman of the Committee to a subse- quent date or dates if in his opinion such postpone- ment is warranted which may also include change of time and place of the meeting. Notice of the post- poned meeting shall ordinarily be sent not less than fivij days before such postponed meeting to the re- gistered address of every' member of the Committee. The business to be transacted at the postponed meet- ing shall be the same as was intended for the original meeting unless any other business is admitted by Ihc Chairman of the postponed meeting.

108. Quorum.—No business shall be transacted at a meeting of a Committee unless, there are present at least three members in the case of the Executive Committee, and two members in other cases, includ- ing the- Chairman, provided that in the case of Com- mittees formed under sub-section (2) of section 17. the Council shall determine the quorum for the Com- mittee. In the event of there being no quorum within half an hour of the time fixed for the meeting the meeting shall stand adjourned to a date, time and place as may be specified by the Chairman of the Committee.

Provided that it at the adjourned meeting of the Committee also quorum is not present, the member or members present at such ad- journed meeting shall constitute the quorum to transact the business intended to be transacted at the original meeting.

109. Procedure for transaction of business.—(1) The business of a Committee shall ordinarily be transacted at a meeting of the Committee, provided that the Chairman may in emergent circumstances, authorise circulation of resolution with relevant papers among the members of the Committee for decision on any question :

Provided further that, where not less than two members of the Committee require that any resolution under circulation should be decid- ed at a meeting, the Chairman shall with- draw the resolution from circulation and have the question decided at a meeting of the Committee.

(2) No decision shall ordinarily be arrived at on any resolution circulated among the members of the Committee before the expiry of seven days from the date of circulation of the resolution or before the receipt of response from all the members of the Com- mittee for the time being in Tndia, whichever is ear- lier.

(3) Every resolution passed by circulation of pa- pers by a majority of the members of the Committee shall be communicated to all the members and shall be recorded in the minutes of the meeting held im- mediately after the passing of the resolution by cir- culation.

110. Casting vote.—All questions before a Com- mittee shall be decided by a majority in the case of difference of opinion on any maitcr. In the event of equality of votes, the Chairman shall have a casting vote in addition to his original vote.

CHAPTER XII

REGIONAL COUNCILS

111. Constitution of Regional Councils.—(1) The Council may by notification in the Journal constitute a Regional Council for any regional constituency that may be notified by the Central Government under clause (a) of sub-section (2) of section 9 which shall be known by such name as may be specified by the Council.

(2) A Regional Council shall consist of,—

(a) the elected members of the Council whose professional addresses arc borne on the Re- gister in the regional constituency ;

(b) members as may bo elected from the region as provided in sub-regulations (1) and (2) of regulation 115 ; and

(c) members as may be co-opted' as provided

in sub-regulation (3) of regulation 115.

112. Regional register of members.—(L) Every Regional Council shall maintain a regional register of members in which shall be entered the names and other particulars o[ all ihe members of the Institute whose professional addresses are borns on the Re- gister in the regional constituency.

(2) The name of a member, which has been re- moved from or restored to the Register, shall ipso facto stand removed from or restored to the regiunal re- gister of members.

113. Functions of the Regional Councils,—(i) The Regional Councils shall advise and assist the Coun- cil in carrying out the provisions of the Act.

(iO In particular and without prejudice to the generality of the foregoing, a Regional Council may,—

(aj provide facilities for the members and stu- dents of the Institute in its region lor regu- lar meetings, talks and lectures and for the acquisition and dissemination of useful In- formation and updating of professional knowledge on subjects of interest to the profession of Company Secretaries.

(b) advise the Council on all ma'ters referred to it by the Council and offer such other help as may be required ;

(c) make representations to the Council in connection with matters of professional and business interest and offer suggestions for raising the standard and status of the pro- fession ;

(dj maintain a regional regis er of members and register of students in the region as may be necessary ;

(e) supply informa'ion to members, students or to the prospecHve candidates for exa- mination ;

(f) propagate among the members the advis- ability of and the necessity for observing the rules of professional conduct, cliquette and the provisions of the Act ind these regulations ;

(g) collect news and articles from the mem- bers on subjects of interest to the profes- sion for publication in the Journal;

(h) recommend on its own, or on a reference by the Council, names for inclusion in the panel of examiners ;

(i) recommend to the Council books which may be useful for candidates intending to appear for the examinations of the Institute ;

(j) arrange, if desired by the Council,, for coa- ching o'fl candidates for the examinations of the Institute and charge such fees as may be directed by the Council ;

fk) maintain contact with the various depart- ments of the Governments of the States, universities and other public bodies within the region wi'h a view to enlisting their support in the furtherance of the objects of the Institute ;

(I) organise study-circles, refresher courses, symposia, seminars, regional conferences

and o.her professional development pro- grammes for the benefit of the members and students of the Institute and others and charge from them such fees as it deems necessary ;

(ni) constitute a permanent Research Sub-com- mittee for carrying out research work and for giving guidance in and encouragement for research by members in various fields of interest to the profession ;

(n) maintain a library and reading-room for the use of the members and students and charge such fees and deposits for lending of books as it deems necessary ;

(o) maintain an employment exchange for se- curing suitable employment for qualif ed Company Secretaries in the region and find- ing suitable, qualified Company Secretaries for employers ;

(pj organise a student facilities committee for the benefit of the registered students pre- paring for the Institute's examination ;

(q) take steps for formation of Chapters in the region in accordance with the guidelines issued by the Council from time to time and to supervise their activities ; and

(r) carry out such other functions as may be entrusted to it from time to time by the Council.

'14. Conduct of elections.—(1) Except to the extent provided in th's Chapter, the elections to the Regional Councils shall be held by the Council and the regulations in Chapter IX relating to elections to the Council shall, apply to elections to the Regional Councils, mutatis mutandis.

(2) In the case of candidates standiug for election from any State or Union Territory which has a re- served scat uuder sub-regulation (1) of regulation li.5, the candidate obtaining the highest number of votes from among the candidates, contesting from that State or Union Territory shall first be declared elected against the reserved seat and the remaining candidates obtaining the highest number of votes from the entire region shall be declared elected according to the num- ber of unreserved seats as exist in that regional cons- tituency.

115. Representation on the Regional Council.— ( I) Each Regional Council shall have not less than six and not more than twelve elected members provided that there shall be atleast one elected member from each State or Union territory having fifty members or more as on the date of issue of the notice referred to in sub-regulation ( 2 ).

(2) The Council shall publish in the Journal a notice stating the number of persons to be elected to each Regional Council and calling for nominations of candidates for election by a specified date which shall not be less than fourteen days from the date of the publication of the said notice in the Journal. Such notice shall also be displayed for information of mem- bers at the offices of each Regional Council.

(3) The Regional Council as constituted under sub-regulations (1) and (2) of regulation 111 may, at its first meeting, co-opt not more than two persons to represent the interests of commerce, trade and industry and the Central or State Governments with the approval of the Council provided that such co- opted persons shall have no right to vote at the meet- ings of the Regional Council.

116. Eligibility to vote in and stand for election.—• ( 1) Subject to the other provisions of these regula- tions, every Associate or Fellow shall be entitled to vote in and stand for election to the Regional Council which according to his professional address he belon- ged to for at least ninety days prior to he da'e on which the notification calling for nominations is published, provided his entrance fee, annual membership fee, and other dues for and in respect, of the year previous to that in which the election is held are not in arrears;

Provided further that a member in the Region whose name stands removed from the Register main- tained by the Council on the date of counting of votes shall not be eligible either to vote in or stand for the election notwithstanding the fact that his name has been published in the list of voters, and|or list of candidates, as the case may be.

(2) Every person standing for election to a Reg- ional Council shall pay a fee of rupees one hundred and fifty to the Council.

117. Vacancies—(1) A member of Regional Coun- cil may at any time resign his membership by writing under his hand addressed to the Chairman of the Re- gional Council and the seat of such member shall be- come vacant when such resignation is notified in the Journal or when the Regional Council next meets, whichever is earlier,

(2) An elected member of a Regional Council who does not attend three consecutive meetings of the Regional Council or Committees thereof shall be deemed to have vacated olTice at the conclusion of the third meeting unless he applies for leave of absence in writing and it is granted for each meeting.

(3) Any vacancy caused by the resignation, death or removal from the Register of an elected member of the Regional Council may be filled by the Regional Council by co-option of another member entitled to vote in and stand for election to the Regional Council with the approval of the President.

(4) If a member of the Regional Council changes his professional address from the regional constituency to which he belonged to at the time of election or co- option, as the case may be to another regional cons- tituency, such member shall cease to be a member of that Regional Council from that date. The vacancy so caused may be filled by the Regional Council by co-option of another member in the same manner as provided in sub-regulation ( 3 ).

(5) Tn the case of a member of a Regional Coun- cil being elected to- the Council, without prejudice to his right to be represented on the Regional Council under clause fa) of sub-reguTation (2) of regulation 111, he shall cease fo be an eleoBH member of the

Regional Council and the vacancy thus caused may be filled up by cu-opiio.i by ihe Regional Council in the ma'nncr set out in sub-regulation (3),

(6) A co-opted muinlxr shall hold olfice as a member of the Regional Council for the duration of office of thai Regional Council.

118. Duration of offic..—(1) The duration of office of a Regional Council shall ordinaiily be lliree years from the date of its constitution, which shall be specified by the Council by a notification in this behalf in the Journal,

Provided that the Council may, il in its' opinion cir- cumstances so warrant, extend or shorten thi' dura- tion of a Regional Council by a like notification.

(2) On the expiry of the duration of a Regional Council a new Regional Council shall be constituted in the manner provided in these regulations.

119. Proceedings of the Regional Council.—(1) One third of the members of the Regional Council for the time being shall constitute the quorum.

(2) Every Regional Council shall, at its fust meeting, held after its first constitution and in subse- quent years at (he first meeting of the Regional Council alter the annual general meeting of the re- gional constituency, elect from amongst is members a Chairman, a Vice-Chairman, a Secretary and a Tifa- surer thereof, and so often as any of these offices be- come vacant, the Regional Council shall elect anotliei person from amongst 't<; members lo hold that office. The said ollicc bearers shaU hold olliee unil the first meeling of the Regional Council immediately follow- ing the next annual general meeting of the icgional constituency. Provided that retiring office bearers shall be eligible for re-election to a'ny of the olTices of the Regional Council if they continue to be mem- bers of the Regional Council.

(3) 7he first meeting of the Regional Council re- ferred to in sub-regulation (2) shall be called and held within one month from the date of its constitu- tion or from date of the annual general meeting of the regional co'nstiiujr.cy as the case may be.

(4) If, within half an hour from the linve appoint- ed for the said first meeting of the Regional Council referred to hereinbefore, a quorum as mentioned in sub-regulaticn (1) above is no!, present, the said first meeting shall, notwithstanding anything contained in that regulation, stand adjourned to the same day in the next week at Ihe same time and place and at such adjourned meeting of the Regional Council, the mem- ber or members present, shall constitute the quorum and shall have power tr transact all the business which could properly have been transacted at the oii- ginai meeting.

ISJSfr-Meetings of the Regional Council.—The pro- visions o( regula'iom. in respect of meetings ol the Council and its committees shall be applicable to the meetings of the Regional Council and its Committees mutatis mutantfe.

121. Chief executive authority.—The Chairman of the Regional Council shall be th-j chief executive authority of the Regional Council.

122. Functions ol the Secretary and the Trea- surer.—The Secretary of Regional Council shall be responsible for the performance of regional duties of the office of the Regional Council under the direction of the ' Chairman. The Secretary of the Regional Council may, if there is no Treasurer, act as Trea- surer. The Treasure shall cause proper accounts to be maintained of the money! received and expended, and of the assets and liabilities of the Regional Council.

123. Continuance in office.—On the expiry of the duration of the Regional Council the Chairman, Vice- Chairman, Secretary and Treasurer for the time being, shall discharge the duties and functions respectively of the Chairman, Vice-Chairman, Secretary and Trea- surer, as provided in these regulations until .such time as the next Regioml Council is constituted i'nd its Chairman, Vice-Chairman, Secretary and Treasurer elected under the provisions of these regulations to take over charge of their respective ojlice.

124. Appointment of stall--Subject to the prior approval of the President, a Regional Council may appoint such staff for its ollice as it'may frcm lime to time consider necessary lor the purpose of carrying out its functions.

125. Committee of ihe Regional Council.—A Re- gional Council shall constitute such Committees as the Council may direct and may constitute such other committees as it deems necessary fo rthe puipose of carrying out the functions entrusted to the Regional Council.

126. Chairman of the Committee.'—A Regional Council shall nominate ;• member of a committee to be its Chairman provided that in the case of any com- mittee constituted at he direction of the Council, un- less

127. Terms of office of Committee.—Every member of a Committee shall hold oilice until the first mccling of the Regional Council held after the next annual general meeting of tlv> regional constituency, but sub- ject to his being a member of the Regional Council, he shall be eligible for re-election to the Committee.

Provided that a Onii'iiltee constituted lor a speci- fic purpose shall stand dissolved on the completion of the assignment and every member of such a Commit- tee shall hold office until such dissolution,

12S. Finance and accounts of Regional Council.— (I) No Regional Council shail borrow Money with- ciil the prior approval of the Council.

(2) In addition to ihe annual subscription alloca- ted to the Regional Councils by the Council and any fuithcr granf.vin-aid tlr.it the Council may make to il, a Regional Council may raise, on a voluntary basis, such additional sub-rripiion-, and Ices in respect of any particular activity from the participating persons as it may deem necessary, accept donations and raise

funds in any other manner as it deem necessary with the prior approval oi the President.

129. Expenditure from fund.—The funds of a Regional Council shall be employed tor such purposes as may from time to lime be sanctioned by the Re- gional Council.

Provided, that no funds shall be applied either directly or indirectly, for payments to the members of the Regional Council except lor reimbursing them for any expense?., actually incurred by them in con- nection with the activities of the Regional Council concerned.

130. Audit.—The Accounts of each Regional Council shall be audited every year by an auditor who is a Chartered Accountant, as may be elected at the annual general meeting of the regional constituency and the remuneration of the auditor, if any, shall also be fixed at that meeting.

The accounts together with the auditor's report and the report of the Regional Council shall be sent to all till.- members borne on the Regional Register and the Auditor and Secretary of the Institute at least four- teen days before the date of the annual general meet- ing. Any casual vacancy in the office of the auditor shall be filled by the Regional Council and the re- muneration, if any, of such auditor shall also be fixed by the Regional Council.

131. Accounts and Report to Lhe Council.—A copy of the audited accounts and the report of the Regional Council as adopted by the annual general meeting shall be sent to the Council not later than fourteen days from the date of the annual general meeting.

132. Annual general meetings of regional constit- uencies.—(1) A Regional Council shall convene on or before 31st July every year an annual general meet- ing of the regional constituency.

(2) The business at an annual general meeting shall be to consider and adopt the report of the Re- gional Council and the accounts alonj; with auditor's report, to appoint auditor and fix his remunera'ion, if any, and to transact such other business as may be brought before the meeting with the permission of the Chairman.

133. Extraordinary general meeting.-—(1) A Re- gional Council may, as often as it considers necessary, and shall, on the requisition made in writing bv at least one fifth of the total number of members borne on the regional register convene an extraordinary general meeting and any such requisition shall,—

fa) specify the object for which the meeting is

called,

(b) be signed by the members making the same,

and

fc) be delivered at the office of the Regional

Council.

(2) When a requisition is made under sub-regula- tion (1), the Regional Council shall convene an ex- tra ordinary general meeting within six weeks from the receipt of such requisition.

134. Notice of meeting.- Not lesv, than fourteen days' notice of every general meeting specifying the date, place, hour and business of such meeting shall be given to all the members as appealing on ^he regional register of members, to the auditor of the Regional Council and to the Secretary.

135. Notice of proposals.—Any member borne on the regional register may propose any resolution for the consideration of a general meeting by giving not less than ten days' notice in that behalf, addressed to the Secretary of the Regional Council.

136. Chairman.—The Chairman or in his absence, the Vice-Chairman of the Regional Council shall be the Chairman of all general meetings of the regional constituency, In the absence of both, the members present may elect one of their number to act as Chairman of the meeting.

137. Quorum for general meetings.—Fifteen mem- bers entitled to vote under regulation 139 shall cons- titute quorum for a general meeting of a regional constituency.

138. Adjournment.—If, within half an hour from the time appointed for the general meeting a quorum is not present, the meeting if convened upon the re- quisition of members, shall stand dissolved, and in any other case stand adjourned to the same day in the next week at the same time and place, and at every such adjourned meeting, the members present at the meeting shall constitute the quorum to transact the business which would have been transacted at the ori- ginal meeting.

139. Voting at general meeting.—(I) No person shall be entitled to vote at the meeting of the member? of the regional constituency unless his name is borne on the regional register and he is not in default to- wards payment of his annual fees.

(2) Every member present at a general meeting shall have one vote and no voting by proxy shall be allowed.

140. Decisions

141. Dissolution of the Regional Council.—II) Notwithstanding anything contained in these regula- tions, the Council,—-

fa) may, if it considers necessary so to do, dis- solve a Regional Council after giving an op- portunity to it to state its case ; and

(b) shall dissolve a Regional Council if, not less than three-fourth of the members on the re- gional register have passed a resolution to that effect at a general meeting.

(2) Upon the dissolution of a Regional Council and until a new Regional Council is constituted, the func- tions of the Regional Council shall be di'charged by the Council.

CHAPTER XIII

CHAP1ERS OF THE INSTITUTE

142. The Council may by notification in the Jour- nal specify the requirements and conditions with respect to the constitution and recognition of the Chapters of the Institute.

143. The Chapters of the Institute constituted in accordance with the requirements and conditions re- ferred to in the preceding regulation shr.il be noti- fied in the Journal.

144. A Chapter at all times shall function subject to the control, supervision and direction of the Coun- cil through the Regional Council within whose juris- diction the Chapter is situate and shall carry out such directions as may, from time to time, be issued by the Council or the relevant Regional Council.

145. The Council, may at any time, if it considers necessary so to do, dissolve and/or reconstitute a Chapter.

CHAPTER XIV

MISCELLANEOUS

146. Location of the office of the Institute.-—The office of the Institute shall be located in the Union territory of Delhi.

147. Administration of the Institute.—The Council shall be responsible for the management of the affairs of the Institute and of the Regional Councils.

148. Custody of Common seal,—-The common seal of the Institute shall be in the custody of the Seere- retary.

I4D, Affixing common seal.—All instruments on which common seal is required to be affixed by or under any law shall be so affixed with the previous authority of the Council and countersigned by the Secretary.

150. Maintenance of accounts.—It shall be the duty of the Secretary to maintain or cause to be maintained proper accounts of the receipts and expenditure of the Institute.

151. Audit of accounts.—The Council shall, noi less than three months before thirtieth September of each year deliver to the auditor the accounts of the, previous year and the auditor shall examine 5.-uch ac- counts and report thereon, not later than one month before thirtieth Sep'ember of that year. The auditor shall be entitled to ask for any information or ex-, planation regarding the accounts from the Secretary and such information and explanation shall be supplied to him in so far as may be available at that (ime.

152. Appointment of auditor and his retirement.-— (1) The auditor shall be elected at each annual meet- ing of the Council from amongst. Chartered Account- ants who have bee'n duly nominated by two members of the Council; each such nomination shall be signed by members nominating and by the candidate, and shall be deposited at the office of the Council at least thrce\ days before th* meeting. The auditor who is in office shall be deemed to be nominated at each annual meet- ing unless he has intimated to the Secretary his desire not to be re-elected. Notwithstanding anything herein contained the first auditor appoined by the Council at its first meeting held after the commencement of the Act shall hold office until the first annual meeting of the Council.

(2) The auditor shall retire at the conclusion of the annual meeting of the Council next after the meet- ing at which he was elected, but shall be eligible for re-election.

153. Auditor's remuneration,—The Council shall determine the remuneration, if any, to be paid to Ihe auditor.

154. Auditor's vacancy in office.—Tn the event of any vacancy occurring in the oflice of ifiditor be- fore the expiry of his tqrm of office in the normal course or in the event of a vacancy not being filled up at any annual meeting, the said vacancy may be filled by the Council and the auditor so appointed by the Council shall hold office until the conclusion of the next annual meeting, but stiall be eligible for election.

Provided that during the period of such vacancy

the continuing auditor, if any, may act.

155. Publication and circulation of audited accounts and Council report.—The Council shall cause to be published in the Gazette of India a copy of the audited accounts and the report of" the Council for that year and shall forward copies of the said accounts and its report to the Central Government, and to all mem- bers in pursuance of sub-section (5) of section 18 of the Act, on or before the thirtieth day of Septem- ber of the year next following.

156. Powers, and duties of the president and Vice- Presidcnt.—(1) The President shall exercise such powers and perform such duties as are conferred on or vested in him by the Act or these regulations, or as may be delegated to him by the Council from time to time.

(2) The President may direct any business to be brought before the Council or any Committee for consideration. If the office of the President is vacant or if the President, for any reason, is unable to exercise the powers or duties of his office, the Vice- President shall act in his place and shall exercise the powers and perform the duties of the President.

157. Powers and duties of the Secretary.—Subject to the general supervision of th" President or the relevant Standing Committee, the Secretary shall ex- ercise and perform, in addition to the powers and duties specified by the Act or in these regulations, the following powers and duties namely,—•

(a) being in charge of the office of the Institute as its executive head, managing it and attend- ing to all correspondence;

(b) maintaining registers, documents and forms as required by the Act and these regula- tions;

(c) being in-charge of all the property of the

Institute ;

(d) making necessary arrangements for receiving moneys due to the Council and also issuing receipts there I or;

(e) incurring all revenue expenditure within (he limits sanctioned by the Council or the Committee and incurring capital expenditure including for the purpose of purchasing books for the library of the Institute within the limits sanctioned by the Council or the Committees;

(f) causing proper accounts to be maintained and, delivering of account books, or furnishing information to the auditor appointed by the| Council for the purpose of audit of the accounts of the institute;

(g") making all other payments as sanctioned by the Council, Committees or the President;

(h) paying salary and allowances lo the members of the staff, granting of leave to them and sanctioning their increments within the prescribed scales;

(i) exercising disciplinary control ovur the staff except dismissal in respect of which the sanction of the President shall be ne- cessary;

(j) admitting candidates to the examinations held under these regulations and n.aking all necessary arrangements lor the conduct of the examinations ;

(k) refunding or transferring of fees received in accordance with these regulations for the examinations, enrolment, issue of certifi- cates of practice and allied matters;

(1) registering and noting of suspension, cancel- lation or termination of registration of students;

j

(m) recognising practical experience, sponsoring candidates for practical training, granting exemption from practical training require- j ments as may be delegated by the Council , and the Committees concerned from time to time;

,

(n) enrolling Associates, admitting Fellows, re- moving the names of members from the Re- gister owing to death or non-payment of prescribed fees and dues t0 the 'institute, restoring membership, issuing and cancell- ing certificates of practice and issuing noti- fications therefor as may be delegated by the Council and the Executive Committee from time to time;

(o) signing and issuing all notifications on be- half of the Council as required under the Act and these regulations;

fp) subject to the approval of the President, signing vakalatnamas on behalf or the Council, appointing solicitors or advocates on behalf of the Council and tiling papers, affidavits and other documents in civil, criminal and revenue courts and other offices;

676 Gf/82—R

(q) receiving complaints and submitting the same to the Disciplinary Committee and to make such enquiry and collect such information as may be required or directed by the Presi- dent, a Committee or the Council and sub- mit to them, such information as may come to his knowledge;

(r) issuing pass certificates, licenciatcship certi- ficates, membership certificates, certificates of practice and its renewal letters to the persons who are entitled thereto in accord- ance with the provisions of the Act and these regulations;

(s) keeping in his custody the common seal of. the Institute and to affix the same to any document or instrument in accordance with regulation 149;

(t) keeping in his custody forms of certificates of membership and of practice, blocks, en- gravings, fascimiles and bills relating l'o printing of such certificates;

(u) calling any information or particulars as he may consider proper for processing appli- cations for registration of students or ad- mission or enrolment of members of the Institute; and

(v) performing such other duties and functions* as are incidental and ancillary to as may be required for the performance of the above duties and exercising such other pow- ers as may be delegated to him by the Council, Committees or the President from time to time.

158. Indemnify from losses and expenses.—The members of the Council, the Auditor, the Secretary and other officers of the Institute shall be indemnified by the Institute against all losses and expenses in- curred by them in the bonafidc discharge of their respective duties.

159. Issue of Duplicate Certificates.—(1) In the event of the loss by the holder of a certificate issued in any of the appropriate forms, the Council may, on an application made in this behalf, duly supported by an affidavit of the applicant to the effect that he was in possession of such a certificate and had! lost it, issue a duplicate thereof to him on payment' of a fee of rupees twenty for a duplicate of a certificate in the appropriate form relating to members and rupees ten for a "duplicate of a certificate relating to students.

(2) Where any such certificate is damaged or muti- lated, the Council may, on an application made in this ,behalf, issue a duplicate thereof on receipt of the fee prescribed in sub-regulation (1) and on return of tho damaged or mutilated certificate.

160. Service of notices.—(I) To members and others.—All notices required by the Act or these re- gulations to be given to members, students and others shall be forwarded by post to such address as may last have been registered with the Institute, arid in proving that such notice has been given, it shall be sufficient to prove that such notice was properly addressed and put in the post, postage duly prepaid.

(2) To Institute.—Any document or official com- munication to be served on the Institute or an officer of the Institute including the President, Vicc-Prcsi- den't or the "Secretary, shall be addressed to the office by post under a certificate of posting or b> registered post or by delivering it at the office of the Institute at Delhi.

161. Publication of list of Members.—In publish- ing" the list of members under sub-section (3) of section 19, the Council may indicate in such manner as it deems fit, the Associates and Fellows who are in practice and provide such other information per- taining to each member in the list of members at it considers necessary and useful. A copy of Lhe list shall be sent free of charge to all members who make a request for it to the Secretary, all Registrars of Companies, Regional Directors under the Department of Company Affairs, Secretary, Department of Com- pany Affairs, the Ministry of Finance, Commerce and Industry, and such other bodies as the Council may specify from time to time. Copies of the list shall also be made available to all other persons at such reasonable prices as the Council may fix from time to time.

162. Members to supply information.—For the pur- pose of publication of the list referred to in regulation 16] the Council may require the members to supply any information regarding their present address, pkee of business, partners, whether practising or not, and such other particulars as may be deemed necessary. If the membeps fail to supply the information in time, the list may be drawn up on such information as the Council may possess.

163. Branch Office,-—Every Company Secretary in practice or a firm of such Company Secretaries maintaining more than- one office at the commence- ment of the Act shall send within three months of the commencement of these regulations to the Coun- cil a list of offices and the persons in charge thereof. Any change in regard to any branch office or offices shall also be intimated to the Council net later than a month of such change.

164. Offices not in charge of members.—Where a Company Secretary in practice or a firm of such Company Secretaries has any office in India at the commencement of the Act which is not in separate charge of a member, he or it shall take s'ens within three months from the date of commencement oF rhes? regulations to regularise the position by obtaining exemption from the Council or otherwise.

165. Particulars of Offices and Firms.—(1) Fvery company secretarv in practice and every firm of such Company Secretaries shall submit to the Council in the appropriate form the particulars of his office or that of the firm within three months from the date of commencement of these reculations or the commence- ment of practice or formaion of the firm, as the case tnav be, whichever is later. Any subsequent change in the particulars submitted shall be sent so as to reach the Council within thirty days after the change was effected.

(2) A register of offices and firms shall be maintain-

ed by .the Council.

106. Particulars ol' nationality and domicile.— Every member shall submit to the Council particulars regarding his nationality and domicile and shall also intimate to the Council any .subsequent change in such partculars not later than thirty days from the date of such change.

167. Place M business of practising member in India.—It shall be obligatory on every member in practice to have a place of business in India in hi? own charge or in charge of another member. Parti- culars of such place of business shall be supplied by the member to the Couriel initially and whenever there is a change of such place of business within thirty days of such change. Provided that, the Coun- cil may, in the case of a person not covered by the proviso to sub-section (1) of section 4, allow a member to specify a place of business in India (whe- ther he has business in India or not) which is neither in his own charge nor in charge of another memeber at the Institute, and in that event, such place shall be deemed to be the place of business for the pur- poses of section 19 and his professional address for purposes of sub-regulation (2) of regulation 61. Parti- culars of any change of such place of business snail be furnished to the Council within thirty days of such change.

Provided further that in the case of such u mem- ber who is a salaried employee of a Company Sec- retary in practice or a firm of such Company Secre- taries in practice, the place of business of his employe'' (s) shall be deemed to be his place of h'siness "for the purpose of section 19.

168. Company Secretaries in practice not to engage ;n any other business or occupation.—(1) A Company Secretary in practice shall not engage in any business or occupation other than the profession of Company Secretary unless it is permitted by a general or speci- fic resolution of the Council. Provided that a Company Secretary in practice who at the commencement of the Act was engaged in any business or occupation :)ther than the profession of Company Secretary may continue to engage himself in such business or occu- pation for a period of six months from the commence- ment of these regulations,

(2) Without prejudice to the discretion vested in the Council in this behalf, a Company Secretary in practice may act as a secretary, trustee, executor, administrator, arbitrator, receiver, appraiser, valuer. Internal auditor, management auditor, managemem consultant or as a representative on financial matters mcluding taxation and may take up an appointment (hut may be made by the Central or any State Govern- ments, Courts of Law, Labour Tribunals, or any other statutory authority.

169. Company Secretaries to practise only in their individual names.—Mo Company Secretary who is not a partner of a firm of Company Secretaries shall practise under any name or style other than his own name except with the prior approval of the Council.

170. Constitution or reeonstitution of firms tc inquire Council's approval.—(1) After the com- mencement of these regulations no firm of Company

Secretaries shall be constituted or reconstituted ex- cept with the prior approval of ihc Council.

(2) The Council shall not refuse to accord appro- val to the constitution or reconslitution of a firm under sub-regulation (I) unless il is of the opinion that the terms of the partnership agreement peimit directly or indirectly, the doing of anything by the firm or any partner thereof which amounts to pro- fessional misconduct in relation to i. Company Sec- retary in practice, or that the terms and conditions of the proposed partnership are not fair and reason- able or that, having regard to the circumstances ol the cases, the constitution or reconstilution of the, proposed partnership would not be in the interests ot the general public,

(3) The Council may, at its discretion, refuse to register, the name of a linn if that name is already used by a Company Secretary in practice or a firm of such Company Secretaries and has been entered in the register of offices and firms.

(4) Where the same firm has been inadvertently re- gistered in the past in the register of ollices and firms, the Council may direct the firm other than the one whose name was registered first in the register of ollices and firms, to alter the name in such manner as the Council may direct in this behalf and the firm shall inform the Council of having effected such alteration within three months of the issue of such direction.

4. (a) Nationality

(b) Domicile.

5. Qualifications.

6. Address.

(a) Professional.

(b) Residential.

7. Whether the member holds a certificate of prac-

tice.

8. Particulars of practice as Company Secretary,

(a) Certificate of Practice No,

(b) Date of effect.

(c) Whether practising independently, in partner- ship or employed in a firm of Company Secretaries in practice.

9. Whether holding a salaried employment, if not

in practice,

10. Change of address, if any.

11. Particulars of fees received.

12. Remarks.

SCHEDULE—B

SCHEDULE OF FEES

(See Regs. 6 and 13)

(relating to Members)

Particulars

171, Power to charge lees.—The rates and extent of all other fees payable under these regulations other than those specified in Schedule B shall be determined by the Council from time to time by resolution.

172, Mode of payment of lees.—All fees and other dues payable to the Institute shall be remitted in cash or by crossed bank draff, or by money order, or pay order, or postal order in respect of places where bank- ing facilities are not available, drawn in favour ot "The Institute of Company Secretaries of Tndia", payable at New Delhi or in banks authorised by the Council or in such other manner as may be directed by the Council from time to time.

173, Power to withdraw or cancel certificate.— Any certificate issued under the authority of the Coun- cil on the strength of incorrect, misleading or false information, or by mistake or inadvertance, may be withdrawn or treated as cancelled after giving a reasonable opportunity or notice to Ihc person con- cerned to state his case.

SCHEDULE "A'

(Sec regulation 3)

REGISTER OF MEMBERS

1, Particulars of Membership

(a) ACS No. and Date of entry in the Register.

(b) FCS No. and Date of admission as Fellow,

2, Name in full

3, Dale of birth.

Amount (Rs.)

1. Entrance Fee

(i) Associate [see reg. 6(1) J

300

(ii) Fellow [see reg. 6(2)]

200

2. Annual Membership Fee

(i) Associate [see reg. 6(3)J

100

(ii) Fellow [see reg. 6(4)]

200

3, Annual certificate fee for

holding certificate of practice

50

[see reg, 6(5)]

4. Restoration Fee [see reg. 13(2)]

25

SCHEDULE C

I Sec Regs. 39(2), 41(2) and 44(2)1

P A R! I

SYLLABUS FOR PRELIMINARY EXAMINATION [Reg. 39(2)]

I Each, paper will be of three hours duration and will carry 100 marks. The medium of writing the examina- tion is English only. Reasonable working knowledge of a graduate standard is expected of students in Preli- minary examination in all papers).

1. ENGLISH

PART A—CRAMMER (40 Marks) Correct Usage (tested through knowledge about Prepositions, Tenses, Active and Passive Voice, Direct and Indirect Speech, Common Errors, etc.) ;

Formation, Types, Analysis and Synthesis ot Sentences; Vocabulary (tested¹ through knowledge of One Word Substitutes, Synonyms and Antonyms; Numbers (Singular and Plural), Gender (Masculine and Feminine) ; Diminutives and Primitives ; Phrases, Idioms, Foreign Words and Phrases, etc).

Punctuation.

PART B—COMPOSITION (60 Marksl

Essay.

All forms of written communication including drafting of Reports, Notices, Agenda, Notes, Busi- ness Correspondence (both internal and foreign) in general; Preparation of Summaries and Precis, Telegrams, Cables, Circulars and Sales Lettres, Applications, Representations; Office Notes and Memoranda'; Press Releases by way of Notifications. Advertisements, etc.

2. BOOK-KEEPING AND' ACCOUNTANCY

Principles of Double Entry and the Accounting Structures ; Special purpose Subsidiary Books ; Basic Accounting Concepts and Conventions ; Bank Recon- ciliation Statement; Self Balancing and Sectional Ledgers; Rectification of Errors ; Receipts and Payments Account; income and Expenditure Account; Partnership Accounts.

Preparation of Trial Balance and Final Accounts

of Sole Trader and Partnership.

Bills of Exchange ; Consignment ; Joiut Venture ; Account Current; Hire Purchase and Instalments ; Branch and Departmental Accounts; Investment Accounts.

Accounts from incomplete records,

3. ELEMENTS OF COMMERCE

The Structure of Business ; Nature of Business and

its Evolution.

Size of the F i n n; Comparative study of the Forms of Business Organization ; Sole Proprietorship, Part- nership ; Company and Co-operative Enterprise, State Enterprise, Business Combinations, Public Utilities.

Procedure involved in Inland and Foreign (Export

and Import) Trade.

Transport; Warehousing.

Money and Credit; Banking and Negotiable Instru-

ments.

Mode of Payments in Home and Foreign Trade.

Insurance relating to Fire, Marine, General, Acci-

dent and other risks.

Busijness' Finance; Financial needs (of Business ; Methods and Sources of raising Finance ; Special Fi- nancial Institutions ; the Securities Market including Stock Exchange.

4. ECONOMICS

PART A—PRINCIPLES

Definition and Scope of Economics ; Micro and

Macro Economies; Wants; Wealth.

Utility, Demand Schedule, Theory of Consumers

Equilibrium.

Factors of Production, Laws of Returns, Scale of

Production. Cost Courses.

Equilibrium of a Firm, Determination of Price un-

der Perfect and Imperfect Competition.

Marginal Productivity, Theory of Distribution & De-

termination of Wages, Interest, Rent and Profits.

Sources of Government Finance ; Incidence and

Effects of Taxation ; Public Expenditure.

PART B—PROBLEMS (relating to Indian Economy)

National Income—Trends

Population Problem—Growth, Density, Occupa-

tional Distribution.

Major Manufacturing Industries—Their Problems ; Cottage and Small Scale Industries ; Industrial Po- licy.

Structure of Foreign Trade ; Balance of Payments.

Union and State Finance.

Five Year Plans.

5. OFFICE MANAGEMENT

Importance of Office Management—The Office Manager and his job; Office Organization; its signi- ficance.

Office Environment—Location ; Planning and Lay- out of Oflicc Accommodation, Furniture and office Fixtures ; OlTicc Procedures ; Office Security ; Office Manual.

Office Operations—Office Systems and Routines ; Work Simplication; Work Measurement and Control: O & M.

Supporting Services—Purchasing and Management of Office ; Supplies; Records Management—Filing. Indexing; Micro-filming, Form Design and Control; Continuous Stationery ; Printing ; Communication Sys- tems and Aids ; Inwards and Outwards Mail, Mes- senger Services ; Office Appliances and Machines— Cyclostyling, Duplicating, Franking, Photostat etc.

Office Personnel Relations—Ollice Committees. Suggestion Syslems, Morale and Productivity, Staff Welfare, Social and Recreational Club, Office Credit Societies, Fidelity Guarantee and Group Insurance, Terminal Benefits, Handling of Grievances etc.

SCHEDULE C

PART II

SYLLABUS FOR INTERMEDIATE EXAMINA- TION

LRcg. 41(2)]

(Fach paper will be of three hours' duration and will carry 100 marks. The medium of writing the e l i- mination is English only. Candidates are expected to conversant with the amendments to Hie laws made upto six months preceding the date of examination.)

GROUP I—PAPERS (1 to 3)

1. COMPANY ACCOUNTS

Principles of Book-keeping and Accountancy rela-

ting to companies.

cation effectively, concisely and unambiguously ; Bu- siness Correspondence from given material : Letters, Memoranda, Office Notes, Office Orders, Reports, Instructions, Applications, Representations, Docu- ments, Notifications, Telegrams, Cables, Press Releas- es etc.

Books of Account and Statutory Books.

Advertisements : Preparation of Manuscripts for

Publication including Elements of Proof-reading.

Share Capital : Kinds, Issue of Shares (including forfeiture and reissue), Surrender of Shares, Lien on Shares, Rights Issue.

Redemption of Preference Shares : Conversion of

Shares into Stock, Consolidation of Shares.

Loan Capital : Issue and Redemption of Debentu-

res.

Oral and other forms of Communication : Planning and Conducting of Conversation, Discussion, Inter- views, Meetings, Press Conference, etc.; Collections of Data (primary and secondary) and Presentation of Data in Tables, Graphs, Charts and Diagrams ; Tele- phonic Communication, Communications through Au- dio-visual Aids, Television, Films, etc.

5. PRINCIPLES AND PRACTICE OF MANAGE- MENT

Underwriting : Acquisition of Business including closing of books of account of partnership, Profits prior 'to Incorporation, Preliminary Expenses, Statu- tory Report.

Nature of Management and its Process : Planning Organising, Directing, Co-ordinating and Control- ling.

Planning : Policies and Procedures Methods, De-

cision Making.

Preparation and Presentation of Final Accounts of 'Companies, Legal, requirement:^ Depreciation, Repla- cements, Reserves and Provisions, Managerial Re- muneration, Divisible Profits, Disposition of Profits, Dividends, Bonus Shares, Interest out uf Capital,

Consolidation of Accounts : Amalgamation, Ab- sorption and Reconstruction, Holding and Subsidiary Companies, Accounting requirements for Banking Companies, Insurance Companies and Hotels.

Organising : Structure, Principles and Theories of Organisation ; Span of Management : Centralisa- tion and Decentralisation, Line and Staff Functions ; Delegation ; Functional Organisation ; Formal and Informal Organisations; Growth in Organisation,

Insurance Claims.

2. PRINCIPLES OF LAW

Direction : Communication, Motivation, Morale and Leadership; Internal and External Co-ordination ; Committees in Management ; Management of Change ; Organisation Development (OD).

Control and its Processes : Budgetary Control, Sources of Indian Law : Statutes and Subordinate Legislation, Custom, Personal Law, "Justice, Equity and Good Conscience" and Judicial Precedents.

Management Audit.

Social Responsibilities of Business : Elhics or Busi-

ness, Consumer Protection.

Constitution : Distribution of Legislative Powers, Acquisition of Property, Fundamental Rights, Direc- tive Principles of State Policy, Restrictions on Legis- lative Capacity.

6. COMPANY ADMINISTRATION AND MEETINGS

; Company Administraion : Hierarchy of Company Administration, Shareholders, Board, Managerial Per- sonnel and Company Secretary.

Who is a Secretary ? Importance, Position, Quali- Principles and Provisions of : The Indian Contract Act, 1872; Specific Relief Act, 1%3 ; Indian Part- nership Act, 1932; Indian Trusts Act, 1882; Indian Sale of Goods Act, 1930 ; Negotiable Instruments Act, 1881 ; Transfer of Property Act, 1882, Law of Torts : Law relating to Arbitration and Carriage of Goods by Land, Sea and Air.

ties of a successful Secretaiy.

Secretary of a Co-operative Society, Statutory Body 3. COMPANY LAW

and Corporation.

Principles and Provisions of the Companies Act, 1956 including the Schedules and Rules made there- under but excluding winding up (Parts Vll and X of the Act).

Who may be a Company Secretary V Statutory Po- sition ; Appointment and Dismissal; Scope of Works ; Powers; Rights ; Duties and Responsibilities ; Lia- bilities—Statutory and Contractual.

GROUP II—PAPERS (4 to 6)

Role of the Company Secretary

4. BUSINESS COMMUNICATION

— As Statutory Officer: Compliance of re- quirements of Companies Act, MRTP Act and other Economic and Social Legislations applicable to a Company.

Essay and Precis Writing : With reliance cohe- rence and readability on current affairs relating to trade, commerce, industry and the professions.

P l a n t a t i on of various Forms of Written Communi-

— As Co-ordinator: Relation with the Board, Chairman, Managing Director, Line and Staff Functionaries, Shareholders, Auditors,

Government and the General Public, Management-Union relations.

— As Chief Administrative Officer : Adminis- trative Duties relating to Personnel, Office Management, Service, Property, Transport Services, Security of Company's Personnel and Property, Insurance of Company Assets.

MEETINGS

— Definition of Meeting, Kinds of Meetings, General Principles Governing Meetings, Constitution and Conduct ol Meetings, Rights, Restrictions and Preservation of order at Meetings, Law of Defamation relat- ing to Meetings, Admission of Press U> Meetings, Appointment, Duties and Poweis of Chairman.

Requisites of a Valid Meeting : Notice, Agenda, quorum, Proxy, Motion, Amendment, Voting¹, Polling, Resolutions, Minutes Adjournment and Postpone- ment.

Law and Practice relating to Company Meetings :

— Kinds of Company Meetings : Meetings of Shareholders, Statutory, An. HI ill General, Class, Requisitioned and other General Meetings ; Meetings of Debenture-holders ; Meetings of the Creditors ; Meetings of the Board of Directors and its Committees.

Notice ; Agenda ; Explanatory Statement; Quorum ; Chairman ; Motions and Resolutions ; Amendment ; Resolutions requiring Special Notice ; Resolution by Circulation; Proxy; Sense of the Meeting; Adjourn- ment and Postponement ; Record of the Business of the Meetings.

Work of the Company Secretary before, during and after a meeting including Directors' Report and Chairman's Speech.

N,B. Candidates for the Intermediate examina'ion will be given a choice of taking any one or both groups of the examination. In the event ot a candidate passing in one group only, he[she will be allowed to appear for and pass the other group in any subsequent examination.

SCHEDULE C

PART Ml

TReg. 44(2 )J

SYLLABUS FOR FINAL EXAMINATION

(Each paper will be of three hours duration and will carry 100 marks. The medium of writing the exami- nation is English only. Candidates are expected to be conversant with the amendments to the laws made upto six months preceding I he date of examination. Adequate knowledge in papers of Group 1 ;md expert knowledge in papers of Groups II & III are expected of students).

GROUP 1 PAPERS (1 to 3)

I. FINANCIAL ACCOUNTING COSTING AND

MANAGEMENT ACCOUNTING

Meaning, Scope and Use of Financial Accounting. Valuation of Stocks, Shares, Current and Fixed Assets and Goodwill.

Cost Concepts and Determination of Costs.

Cost classification. Fixed and variable, Controllable and Non-controllable, Direct and Indirect, Absorbed and unabsorbed.

Allocation of overheads.

Job and Process Costing, Budgetary Control and

Standard Costing; Variance Analysis.

Cost Volume-Profit relations, Br:ak-even Analysis.

Meaning, Scope and Use of Management Account- ing, Difference between Financial Accounting, Cost Aecouting anil Management Accounting.

Interpretation and Criticism of financial Statements and Records—Balance Sheet Analysis, Presentation and Analysis of Financial Statements including pre- sen! p-acliees regarding Published Accounts, Funds Flow and Cash Flow Statements, Financial Ratios.

Profit Planning and Pricing.

Capital Budgeting—Methods, Investment, Apprai- sal, Conditions of Certainty and Uncertainty and of Changing Prices.

2. MANAGERIAL ECONOMICS

Economics of Business

Organisational objectives : Choice of locution, Backward area location. Economics of large scale versus small scale organisation.

— Nature of demand for company's products. Problems of Multiple Products : Demand Analysis and Market Surveys ; Distinction between Products with Elastic and Inelastic Demands ; Nature of Market Competition ; Market for Productive Factors ; Incentives.

— Cost Reduction : Allocation of Resources through Competition ; Cost of Holding Inventories ; Investment Decisions,

— Pricing Policy under different Competitive Conditions : Price Discrimination between Markets and between Consumers.

— Capital Management : Capital Budgeting; Forecasting Techniques ; Short Term and Long Term Forecasting; Appraisal of Forecasting Techniques—Indices of Business Activity.

— Economic Fluctuations and Business : Business Cycles and Business Policy ; Inflation and Deflation with reference to India ; Economic Forecasting for Business.

— Infcfnalioual Trade • Practices and (Prob- lems ; Free Trade and Protection ; Foreign

¹ Trade untt the Methods and 1'iaetice, adopt- ccl in Internallonal Hnancc ;md Interna- tional Comnvjiw ; 1 Jt"l;

Business and Government : Social Control of Business and Nationalisation. Monu- nolies and Public Policy; Public and Private Sectors; Mixed F.conomy ; Joint Sector ; National Sector; National Labour Policy; Taxation and Fiscal Policies ; Industrial Policy.

Government Price Regulation and Distribu- tion Control : Bureau of Industrial. Costs & Prices ; Administered Prices.

3. FUNCTIONAL MANAGEMENT

Materials Management and Industrial Produclivity ; Purchase Organisation and Material Planning ; Problems of Purchasing, Purchasing Procedures and Inventory Control.

— Marketing and Sales Management : Market and Marketing Research, Economic and Market Survey, Choice of Channels of Distribution, Pi,recasting Techniques, Sales Budget, Sales Promotion. Advertising and Salesmanship.

— Personnel Management (including Indus- trial Relations) : Recruitment, Interviewing, Selection, Placement, 'Training, Dismissals, Staff Welfare and Grievances, Profit Sharing and Incentive Plans, Personnel Records. Joh Evaluation and Merit Rating, Retire- ment Benefits, Union Negotiations and their Functions, Collective Bargaining, Workers' Participation in Management ; Employee Directors.

— Financial Management : Meaning and

Scope ; Determinants of Capital Needs •. Allocation of Fixed and Working Capital; Sources of Finance ; Management r.f Long Term and Current Assets; Investment and Financing Decisions; Cost of Capital

— Project Management : Preparation of Pro- ject Report, Project Appraisal under Normal, Inflationary and Deflationary Conditions ; Project appraisal by Financial Institutions, the Main Terms of Loan and Underwriting' Covenants with Financial Institutions.

••— Techniques of Management : Management by Committees; Management by Objecives (MBO); Management by Exception (MBE); Management Information Sys'ems (MIS), PERT and CPM •Techniques ; Pmfessio- nalisalion of Management.

GROUP II-PAPERS (4 to (,)

4. INDUSTRIAL AND LABOUR LAWS

Factories Act, 1948, Workmen's Compensation Act, 1923; Industrial Disputes Act, 1947; Employees⁷ State Insurance Act, 1948; Employees' Provident Funds (and Miscellaneous Provisions) Aef, 1952 ; Payment of Bonus Act, 1965 ; Payment of Gratuity Act, 1972.

— Basic Principles relating to ; Paymem of Wage* Act, l(>36 Industrial Employment (Standing Oulers) Act, I') Jo; Tiade Unions Ad, 192d; Minimum Wages Act, 194X; Apprentices Act, 1%I ; Collection of Stalis- 'ics Act, 1953; Employment Exchanges (Compulsory Notification of Vacancies') Act, 1959 and Law relating to Shops and Establishments.

5. ECONOMIC LEGISLATION

PART A

- Principles and Provisions of : The Industries (Development end Regulation) Act 1951; Capital Issues (Control) Act, 1947; Foreign Exchange Regulation Act, 1973; Trade and Merchandise Marks Act, 1958; Essential Commodities Act, 1955; Indian Stamp Act, 1899; Emergency Risks Insurance Act, 1071 (both Goods & Undertakings); Securi- ties Contracts (Regulation) Act, 1956; Economic Offences (Inapplicability of I imi- tation) Act, 1974.

PART B

Law including Rules and Regulations relating to the Monopolies & Restrictive Trade Practices Act. 1969 Case Law and Orders under the MRTP Act 1969.

6. TAXATION

Income Tax Act 1961 and Rules with special relevance to Company and Personal Taxation ; Com- panies (Profits) Surtax Act, 1964; General Principles of Sales Tax and the Central Sales Tax Ad, 1956. Tax Planning.

Wealth Tax Act, 1357; Estate Duty (as appli- cable to companies] ; General Principle's and Provi- sions of the Central Exeis- and Salt Act, 1944; The Customs Act, 1962.

Procedure relating to Filing of Returns ; Appeals ;

Revisions ; Reference and Petitions.

GROUP III—PAPERS (Papers 7 to 9)

7. COMPANY LAW

The Companies Act, 1956 including Schedules and

Rules made thereunder and their interpretation.

Relevant legal decisions.

8. COMPANY SECRETARIAL PRACTICE

The Procedure and administration of companies registered under the Companies Act 1956 from their promotion to their dissolution with special reference fo the work of the Company Secretary, Board of Directors and Managerial Personnel.

— Secretarial Practice relating to : Promotion and Incorporation of Companies Pros- pectus, Issue i.f Shares and Debentures, Registration of Company, Returns and Charges, Meetings (including notices recei- ved from shareholders for amendment of

resolution before meeting), Appointment and Remuneration of Managerial Personnel and Sole Selling Agents, Accounts and Auditing, Arrangements, Mergers and Acquisitions, Reconstruction and Winding up.

9. SECRETARIAL PRACTICE

(rclatng to Industrial, Labour, Economic and Tax Laws)

— Mechanics of setting up an Industrial under- taking in India! with special reference to : Industrial Licensing, Capita] Issues, Import Control, Foreign Collaboration and Invest- ment and the M.R.T.P. Act. Free Trade Zones.

— Government Policy on Setting u p: Joint Ventures abroad ; Practice and Procedural Requirements relating to the various Indus- trial, Labour, Economic and Tax Laws.

N.B. Candidates for the Final examination will be given a choice of taking any one or all the three groups of the examination. In the event of a candidate passing in one group or two groups only he|she will be allowed to appear for and pass the remaining group(s) in any subsequent examination.

* * *

By order of the Council, T. P. SUBBARAMAN, Secy.

New Delhi,

16th September, 1982.

PRINTED BY THE MANAGER, CiOVT. OF INDIA PRESS, UNO RQAD, NEW DELHI-110064

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054, 1982