Company Secretaries Act,1980
Act No : 56
Section : THE SCHEDULE
SCHEDULE 1 THE SCHEDULE
[See sections 21(4) and 22]
PART 1
PROFESSIONAL MISCONDUCT IN RELATION TO MEMBERS OF THE INSTITUTE IN PRACTICE A Company Secretary in practice shall be deemed to be guilty of professional misconduct, if he-
(7) allows any other person to practise in his name as a Company Secretary unless such other person is a Company Secretary or is a member of such other recognised profession as may be prescribed in this behalf, and is in partnership with or employed by him;
(2) pays or allows or agrees to pay or allow, directly or indirectly, any share, commission or brokerage in the fees or profits of his professional work to any person, other than a member of the Institute or a partner or a retired partner or the legal representative of a deceased partner.
Explanation : In this item, "partner" includes a person residing outside India with whom a Company Secretary in practice has entered into partnership which is not in contravention of item (4) of this Part;
(3) accepts or agrees to accept, except from a member of the Institute or from any one belonging to any of the recognised professions prescribed for the purpose, any part of the profits, fees or other remuneration arising out of the work which is not of a professional nature;
(4) enters into partnership with any person other than a Company Secretary in practice or a member of any other recognised profession as may be prescribed or a person resident without India who but for his residence abroad would have been entitled to be registered as a member of the Institute under clause (e) of sub-section (1) of section 4 or whose qualifications are recognised by the Central Government or the Council for the purpose of membership of the Institute provided that the Company Secretary shares in the fees or profit of the professional work of the partnership both within and without India;
(5) secures, either through the services of a person not qualified to be his partner or by means which are not open to a Company Secretary, any professional work;
(6) solicits clients or professional work, either directly or indirectly, by circular, advertisement, personal communication or interview or by any other means;
(7) advertises his professional attainments or services, or uses any designation or expression other than Company Secretary on professional documents, visiting cards, letter heads or sign boards, unless it be a degree of a University established by law in India or recognised by the Central Government or a title indicating membership of the Institute or of any other institution that has been recognised by the Central Government or may be recognised by the Council;
(8) accepts the position of a Company Secretary in practice previously held by another Company Secretary in practice without first communicating with him in writing;
(9) charges or offers to charge, accepts or offers to accept, in respect of any professional employment fees which are based on a percentage of profits or which are contingent upon the findings or results of such employment, except in cases which are permitted under any regulations made under this Act;
(10) engages in any business or occupation other than the profession of Company Secretary unless permitted by the Council so to engage: Provided that nothing contained herein shall disentitle a Company Secretary from being a director of a company except as provided in the Companies Act;
(11) accepts a position as Company Secretary in practice previously held by some other Company Secretary in practice in such conditions as to constitute undercutting;
(12) allows a person not being a member of the Institute in practice or a member not being his partner to sign on his behalf or on behalf of his firm anything which he is required to certify as a Company Secretary, or any other statements related thereto.
PART 2
PROFESSIONAL MISCONDUCT IN RELATION TO MEMBERS OF THE INSTITUTE IN SERVICEA member of the Institute (other than a member in practice) shall be deemed to be guilty of professional misconduct, if he, being an employee of any company, firm or person-
(1) pays or allows or agrees to pay, directly or indirectly, to any person any share in the emoluments of the employment undertaken by the member;
(2) accepts or agrees to accept any part of fees, profits or gains from a lawyer, a Company Secretary or broker engaged by such company, firm or person or agent or customer of such company, firm or person by way of commission or gratification;
(3) discloses confidential information acquired in the course of his employ ment otherwise than as required by any law for the time being in force or as permitted by his employer.
PART 3
PROFESSIONAL MISCONDUCT IN RELATION TO MEMBERS OF THE INSTITUTE GENERALLY A member of the Institute whether in practice or not shall be deemed to be guilty of professional misconduct, if he-
(7) includes in any statement, return or form to be submitted to the Council any particulars knowing them to be. false;
(2) not being a Fellow styles himself as a Fellow;
(3) does not supply the information called for or does not comply with the requirements asked for by the
Council or any of its Committees;
(4) defalcates or embezzles moneys received in his professional capacity.
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