3.
Other conditions.- (1) Every company not required
to employ a whole-time secretary under sub-section (1) of
section 383A of the Act and having a paid-up share capital
of ten lakh rupees or more shall obtain a certificate from
a secretary in whole-time practice.
(2) The company referred to in sub-rule
(1) shall file with the Registrar a certificate in Form or
as near thereto as circumstances admit in respect of each
financial year within thirty days from the date on which its
annual general meeting was held:
Provided that where the
annual general meeting of such company for any year has not
been held, there shall be filed with the Registrar such certificate
within thirty days from the latest day on or before which
that meeting should have been held in accordance with the
provisions of the Act.
(3) Every secretary in whole-time practice
for the purpose of issue of certificate referred to in sub-rule
(2) shall have right to access at all times to the registers,
books, papers, documents and records of the company whether
kept in pursuant of the Act or any other Act or otherwise
and whether kept at the registered office of the company or
elsewhere and shall be entitled to require from the officers
or agents of the company, such information and explanations
as the secretary in whole-time practice may think necessary
for the purpose of such certificate.
(4) Every certificate referred to in sub-rule
(2) shall be laid by the company in its annual general meeting. |
