Code of conduct
Download
1 / 46

CODE OF CONDUCT - PowerPoint PPT Presentation


  • 111 Views
  • Uploaded on

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.

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about ' CODE OF CONDUCT ' - emmly


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript

Overview
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



Definition of misconduct
Definition of Misconduct

Section 22 of the Company Secretaries Act read with Schedule I and II



  • Appellate Authority

  • Also discuss what is the course available after Appellate Authority

  • Also the complainant cannot file appeal before the Appellate Authority


Disciplinary directorate
DISCIPLINARY DIRECTORATE

  • Council has constituted Disciplinary Directorate (DD).

  • Complaint would be first received by DD then he will form a prima facie opinion.

  • Depending on the Schedule which covers the Misconduct, DD further places the matter before Board of Discipline or Disciplinary Committee.


Withdrawal
WITHDRAWAL

The Complaint can be withdrawn at any time subject to the permission of BOD or DC



Constitution
CONSTITUTION

  • Council of ICSI constitutes BOD:

    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

  • DD functions as Secretary to the BOD



Punishment
PUNISHMENT

  • Reprimand

  • Removal of the name from the Register of members upto 3 months

  • Fine upto Rs. 1 Lakh



21b disciplinary committee
21B. DISCIPLINARY COMMITTEE the complaint, he will inform accordingly to the board.


Constitution1
CONSTITUTION the complaint, he will inform accordingly to the board.

Council constitutes DC consisting of:

  • President or VP of Council as Presiding Officer

  • 2 Council members

  • 2 Eminent persons nominated by Central Government


Present disciplinary committee
Present Disciplinary Committee the complaint, he will inform accordingly to the board.

  • Presiding officer- Mr. R. Sridharan

  • Members - Mr. Sanjay Grover

    Mr. SudhirBabu C

    Mr. S. Balasubramaniam

    Mr. S. K. Tuteja



Punishment1
PUNISHMENT the complaint, he will inform accordingly to the board.

  • Reprimand

  • Removal of name from the Register of Members (Even Permanently)

  • Fine upto Rs. 5 Lakhs


Powers of civil court
POWERS OF CIVIL COURT the complaint, he will inform accordingly to the board.

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:

  • Summoning & Enforcing attendance

  • Examining on oath

  • Discovery & Production of Documents

  • Receiving evidence on Affidavit


  • Person ceasing to be a member of ICSI is subject to code of conduct if alleged misconduct was conducted during the period of his membership.

  • Misconduct could be professional as well as other misconduct, the other misconduct has been included in Part – IV of First Schedule and Part-III of Second Schedule


Appellate authority
APPELLATE AUTHORITY conduct if alleged misconduct

  • Appellate Authority for CA, CS and ICWA is same except that the two members will be nominated by the respective Institute. Three members including the Chairman will be common.

  • The Authority shall function in accordance with Section 22A – 22E of the CS Act.


Section 22E provides for appeal to authority: conduct if alleged misconduct

  • Any member aggrieved by order of BOD/DC may within 90 days from communication of order to him, prefer an appeal

  • DD (subject to authority from the Council) may also file an appeal against decision of BOD/ DC

  • Delay beyond 90 days can be condoned by Appellate Authority


  • Appellate Authority may conduct if alleged misconduct

    Confirm

    Modify Order/ Penalty

    Set Aside

    OR

    Remit the case back to BOD/ DC

  • Opportunity of being heard given to the concerned parties




Part i misconduct in relation to pcs
PART I- Misconduct in relation to PCS

  • Allowing a non-member to practice in one’s name

  • Sharing fees with a non member

  • Accepting profits of a Professional work of a person, who is a non-member

  • Entering into Partnership with a non-member




  • Accepting position of PCS without communicating with earlier incumbent in writing.

  • Charging fees as a percentage of profit or contingent on finding of result of the assignment.

  • Engaging in any business/ occupation other than profession of PCS

    ---Directorship in other companies is permitted

  • Allowing a non partner to sign on one’s behalf any certificate to be given as PCS.


Part ii misconduct in relation to members in service
PART II- Misconduct in relation to members in service incumbent in writing.

  • Sharing of Emoluments with any other person

  • Accepting fees or profits from lawyers, CS, brokers, agents or customers by way of Commission or Gratification


Part iii misconduct in respect of all members
PART III- Misconduct in respect of all Members incumbent in writing.

  • Describing oneself as fellow without being FCS.

  • Not supplying information called by Council/ Committee of the Council/ DD/ BOD/ DC/ QRB or Appellate Authority

  • Giving false information for procuring assignment.

  • Carry-on practice as a Company Secretary without proper Certificate of Practice.


Part iv other misconduct
PART IV- Other Misconduct incumbent in writing.

  • If held guilty by any court for an offence punishable with imprisonment for a term upto 6 months

  • Bringing disrepute to the profession or the institute due to his action whether related to Professional work or otherwise.


Second schedule
SECOND SCHEDULE incumbent in writing.


Part i misconduct in relation to pcs1
PART I- Misconduct in relation to PCS incumbent in writing.

  • Disclosing confidential information of client to others

  • Issuing certificate or report without examining the facts by himself or by his partner or employee or other PCS

  • Vouching accuracy of forecast or future transaction




Part ii general misconduct
PART II- General Misconduct certifying.

  • Contravening provisions of CS Act, 1980 or regulations or guidelines issued by the Council.

  • Disclosing confidential information of a employee to others

  • Including false information to Institute, Council, Committee of Council, DD, BOD, DC, QRB or Appellate authority.

  • Embezzling money received in Professional capacity


Part iii others
PART III- Others certifying.

If held guilty by the court for an offence punishable with an imprisonment for a term exceeding six months.


The Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007


Summary of rules
SUMMARY OF RULES Professional and Other Misconduct and Conduct of Cases) Rules, 2007

  • Complaint is to filed in Form I in triplicate before DD

  • If complainant is a company, Board Resolution is necessary

  • Prescribed fee (non-refundable) of Rs. 2500/- to be paid

  • Fee to be paid by Demand Draft in favour of ICSI


  • Unique reference number given by DD if complaint found to be in order

  • A fresh complaint may be clubbed with the previous complaint on the same matter against the same member

  • Complainant has right to rectify the defects in complaint & resubmit the same. Such rectification to be done within given time


  • Action can be taken in ordersuo -moto on receipt of any information about misconduct or on a complaint.

  • Any anonymous information received by DD is not to be entertained.

  • Within 60 days of receipt of complaint a copy of complaint has to be forwarded to PCS or Member




Dhanyawaad
DHANYAWAAD been served on addressee


ad