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The Complaint can be withdrawn at any time subject to the permission of BOD or DC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
If DD is of the view that there is no prima facie case in the complaint, he will inform accordingly to the board.
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:
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.
Modify Order/ Penalty
Remit the case back to BOD/ DC
In such a scenario writ is the only option
Securing Professional assignment through a person unless he is an employee or a partner
---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
Accepting position of PCS without communicating with earlier incumbent in writing.
---Directorship in other companies is permitted
Expressing opinion in respect of an enterprise in which he/ his partner has substantial interest
If held guilty by the court for an offence punishable with an imprisonment for a term exceeding six months.
Action can be taken suo -moto on receipt of any information about misconduct or on a complaint.
In case addressee refuses to receive it is deemed to have been served on addressee