The Company Secretaries (Amendment) Regulations 2019. ICSI invites suggestions on draft regulations
MINISTRY OF CORPORATE AFFAIRS
(THE INSTITUTE OF COMPANY SECRETARIES OF INDIA)
(Constituted under the Company Secretaries Act, 1980)
New Delhi, the 6th August, 2019
No. 710/1(M)/1.—The following draft of certain regulations, further to amend the Company Secretaries Regulations, 1982 which the Council of the Institute of Company Secretaries of India proposes to make, in exercise of the powers conferred by sub-section (1) of section 39 of the Company Secretaries Act, 1980 (56 of 1980), and with the prior approval of the Central Government, is hereby published, as required by sub section (3) of section 39 of the said Act for information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after the expiry of the period of forty five days from the date on which copies of the Official Gazette containing this notification are made available to the public.
Any person desiring to make any objection or suggestion in respect of the said draft regulations, may forward the same for consideration by the Council of the Institute within the period so specified above to the Secretary, the Institute of Company Secretaries of India, ICSI House, 22, Institutional Area, Lodi Road, New Delhi 110 003.
Any objection or suggestion, which may be received from any person with respect to the said draft regulations before the expiry of the period so specified, will be considered by the Council.
1. (1) These regulations may be called the Company Secretaries (Amendment) Regulations, 2019.
(2) They shall come into force on the date of their final publication in the Official Gazette.
2. In the Company Secretaries Regulations, 1982 (hereinafter referred to as the principal regulations),-
(i) in regulation 2, after clause (i), the following new clause (ia) shall be inserted, namely:-
“(ia) ‘misconduct’ in relation to a registered student or a candidate enrolled for any examination conducted by the Institute shall mean and include behaviour in a disorderly manner in relation to the Institute or in or near an examination premises or center, breach of any provision of the Act, rules, regulations, notification, condition, guideline, direction, advisory, circular of the Institute, adoption of malpractices with regard to postal or oral tuition or resorting to or attempting to resort to unfair means in connection with writing of any examination conducted by the Institute, tampering of Institute’s records or database, writing or sharing information about the Institute on public forums, social networking or any print
or electronic media which is defamatory in its opinion or any other act which may harm damage, hamper or challenge the secrecy, decorum and sanctity of examination or training or any student policy of the Institute;
And, in relation to a candidate undergoing practical training or any other training by whatever name called, as determined by the Council, behaviour in a disorderly manner in relation to the Institute or in or near the place where undergoing training, breach of any provision of the Act, rules, regulations, notification, condition, guideline, direction, advisory, circular of the Institute, tampering of Institute’s records or database, writing or sharing information about the Institute on public forums, social networking or any print or electronic media which is defamatory in its opinion, malpractice with regard to training or resorting to or attempting to resort to unfair means in connection with the undergoing of training or seeking exemption from undergoing the training or for breach of any policies, rules and regulations for the organisation in which he is undergoing training;”
(ii) for regulation 3, the following regulation 3 shall be substituted, namely:-
“3. Register of members.-
(1) The Institute shall maintain a Register of members in the proforma referred to in Schedule ‘A’ manually or electronically or in any other mode as may be determined by the Council.
(2) The Register of members shall contain name, membership number, professional address, residential address, date of birth, date of becoming a member, valid email id, telephone or mobile number and other particulars as may be determined by the Council from time to time.
(3) The member shall communicate to the Institute any change of his details entered in the Register, within thirty days of such change.”
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