The Company Secretaries Act, 1980

Section 14 – The Company Secretaries Act, 1980

Duration and dissolution of the Council (1) The duration of any Council constituted under this Act shall be 1[four years ] from the date of its first meeting. (2) Notwithstanding the expiration of the duration of a Council (thereafter in this sub-section referred to as the former Council), the former Council shall continue to exercise its functions under this Act until a new Council is constituted in accordance […]

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Section 13 – The Company Secretaries Act, 1980

Resignation of membership and casual vacancies (1) Any member of the Council may at any time resign his membership by writing under his hand addressed to the President, and the seat of such member shall become vacant when such resignation is notified in the Official Gazette. (2) A member of the Council shall be deemed to have vacated his seat

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Section 12 – The Company Secretaries Act, 1980

President and Vice-President (1) The Council at its first meeting shall elect two of its members to be respectively the President and the Vice-President thereof, and so often as the office of the President or the Vice-President falls vacant, the Council shall choose a person to be the President or the Vice-President, as the case may be : Provided that the President of the Council of the dissolved company shall continue to hold such

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Section 11 – The Company Secretaries Act, 1980

Nomination in default of election If the members of the Institute fail to elect any member under clause (a) of sub-section (2) of section 9 from any of the regional constituencies that may be notified under that clause, the Central Government may nominate any duly qualified person from such constituency to fill up the vacancy, and any person, so

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Section 10B – The Company Secretaries Act, 1980

Establishment of Tribunal (1) On receipt of any application under section 10A, the Central Government shall, by notification, establish a Tribunal consisting of a Presiding Officer and two other Members to decide such dispute and the decision of such Tribunal shall be final. (2) A person shall not be qualified for appointment,— (a) as a Presiding Officer of the Tribunal unless he has

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Section 10A – The Company Secretaries Act, 1980

Settlement of disputes regarding election In case of any dispute regarding any election under clause (a) of sub-section (2) of section 9, the aggrieved person may make an application within thirty days from the date of declaration of the result of election to the Secretary of the Institute, who shall forward the same to the Central Government.

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Section 10 – The Company Secretaries Act, 1980

Re-election or re-nomination to Council A member of the Council, elected or nominated under sub-section (2) of section 9, shall be eligible for re-election or, as the case may be, re-nomination: Provided that no member shall hold the office for more than two consecutive terms : Provided further that a member of the Council, who is or has

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Section 9 – The Company Secretaries Act, 1980

Constitution of the Council of the Institute (1) There shall be a Council of the Institute for the management of the affairs of the Institute and for discharging the functions assigned to it by or under this Act. 1[(2) The Council shall be composed of the following persons, namely:– (a) not more than fifteen persons elected by the members of the Institute, from amongst

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Section 8 – The Company Secretaries Act, 1980

Disabilities Notwithstanding anything contained in section 4, a person shall not be entitled to have his name entered in, or borne on, the Register if he— (a) has not attained the age of twenty-one years at the time of his application for the entry of his name in the Register; or (b) is of unsound mind and stands so adjudged

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Section 7 – The Company Secretaries Act, 1980

Members to be known as Company Secretaries Every member of the Institute in practice shall, and any other member may, use the designation of a Company Secretary and no member using such designation shall use any other description, whether in addition thereto or in substitution therefor : Provided that nothing in this section shall be deemed to prohibit any

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