CODE OF CONDUCT . OVERVIEW. The Company Secretaries Act, 1980: Chapter V – Section 21 to 22E First Schedule Second Schedule The Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007. MISCONDUCT.
Chapter V – Section 21 to 22E
Section 22 of the Company Secretaries Act read with Schedule I and II
The Complaint can be withdrawn at any time subject to the permission of BOD or DC
Presiding Officer : Person with experience in Law and having knowledge of Disciplinary matters and profession
2 Members : 1 Elected Council member
Chief Executive of the Institute appointed under section 16(1)(c) of the Act
Agrees - File closed
Disagrees - DD shall further investigate
Council constitutes DC consisting of:
Mr. SudhirBabu C
Mr. S. Balasubramaniam
Mr. S. K. Tuteja
The Authority, Disciplinary Committee, Board of Discipline and Director Discipline are vested with the powers of civil court under the Code of Civil Procedure, 1908 in respect of the following matters, namely:
Section 22E provides for appeal to authority: conduct if alleged misconduct
Modify Order/ Penalty
Remit the case back to BOD/ DC
In such a scenario writ is the only option
---Applying/ Requesting/ Inviting/ Securing work from other PCS permitted
---Replying to tenders or enquiries permitted.
---Displaying degree of University or membership of other professional bodies, if approved by Council, is permitted.
---Limited advertisement subject to guidelines issue by Council permitted
---Directorship in other companies is permitted
If held guilty by the court for an offence punishable with an imprisonment for a term exceeding six months.