G.S.R. 696(E).—In exercise of the powers conferred by clauses (c) and (d) of sub-section (2) of section 38A, read with sub-section (4) of section 21 and sub-sections (2) and (4) of section 21B of the Company Secretaries Act, 1980 (56 of 1949), the Central Government hereby makes the following rules
further to amend the Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007, namely:—
- Short-title and Commencement.—
(1) These rules may be called the Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Amendment Rules, 2020.
(2) They shall come into force on the date of their publication in the Official Gazette.
- In the Company Secretaries (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 (hereinafter referred to as said rules), in rule 2, in sub-rule (6), after clause (d), the following clause shall be inserted, namely:—
“(dd) “electronic mode” means and includes–
(i) filing of complaint, written statement, rejoinder, affidavits, submissions and any other documents by email or any other recognised electronic means or through the online portal;
(ii) online payment of prescribed fees or amount of fine or cost as may be imposed by the Board of Discipline or the Disciplinary Committee;
(iii) appearance and hearing through video conference or other audio visual means;
(iv) service of notices or summons or communications by email or any other recognised electronic means;”. - In the said rules, in rule 3,—
(a) in sub-rule (1) ,—
(i) after the words “in triplicate”, the words, “or through electronic mode” shall be inserted;
(ii) in the proviso,—
(A) after the words, “by post or courier” the words “or through electronic mode” shall be inserted;
(B) after the words, “in the directorate”, the words “or uploaded on portal” shall be inserted;
(b) in sub-rule (6), after the words, “acknowledged by”, the words, “electronic mode or” shall be inserted; - In the said rules, in rule 4, in sub-rule (2), after the words, “shall be paid”, the words, “through electronic mode or” shall be inserted;
- In the said rules, in rule 7, in sub-rule (1), after the words, “or courier”, the words, “or through electronic mode” shall be inserted;
- In the said rules, in rule 8, in sub-rule (1),—
(i) in clause (a), after the words, “at his professional address”, the words, “or at email address as per the records of the Institute or such other recognized electronic modes”, shall be inserted;
(ii) in clause (b),
(a) after the words, “address of its head office”, the words, “or at email address as per the records of the Institute” shall be inserted;
(b) after the words, “maintained by the Institute”, the words, “or such other recognized electronic modes” shall be inserted; - In the said rules, in rule 10, in sub-rule (1), after the words, “acknowledgement due or speed post”, the words, “or at email address as per the records of the Institute or such other recognized electronic modes” shall be inserted;
- In the said rules, in rule 14,—
(i) in sub-rule (6), after the words, “hour and place of hearing”, the words, ”including hearing through electronic mode” shall be inserted;
(ii) after sub-rule (6), the following proviso shall be inserted, namely:—
“Provided that the Board of Discipline may allow any of the parties to appear through electronic mode at any hearing scheduled to be held in physical mode”.;
- In the said rules, in rule 15, in sub-rule (3), after the words, “a certified copy of the final order”, the words, “through registered post or speed post or email or any other recognized electronic mode” shall be inserted;
- In the said rules, in rule 18,—
(i) in sub-rule (6), after the words, “hour and place of hearing”, the words, “including hearing through electronic mode” shall be inserted;
(ii) after sub-rule (6), the following proviso shall be inserted, namely:—
“Provided that the Committee may allow any of the parties and witnesses to appear through electronic mode at any hearing scheduled to be held in physical mode.”; - In the said rules, in rule 19, in sub-rule (3), after the words, “a certified copy of the final order”, the words, “through registered post or speed post or email or any other recognized electronic mode.” shall be inserted;
- In the said rules, in Form I,—
(i) in clause (3), after the words, “latest address”, the words, “Email address, Mobile number and Landline number”, shall be inserted;
(ii) in clause (4), after the words, “professional address”, the words, “Email address, Mobile number and Landline number”, shall be inserted;
(iii) at the end, the following note shall be inserted, namely:–
“Note:- Please enclose any relevant proof of identity and address: Aadhaar Card/ Voter Election Card/Passport/Driving License.”.
Note: The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i), vide notification number G.S.R. 111(E), dated the 27th February, 2007 and lastly amended vide notification number G.S.R. 314(E), dated the 23rd April, 2015.
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