2. Definitions and
interpretation.- (1) In this Act, unless the context
otherwise requires,—
(a) "Associate" means an Associate Member of the
Institute;
*[(aa) ”Authority” means the Appellate Authority
referred to in section 22A;]
*[(aaa) ”Board” means the Quality Review Board
constituted under section 29A;]
(b) "Companies Act" means the Companies Act, 1956
(1 of 1956);
(c) "Company Secretary" means a person who is a
member of the Institute;
(d) "Council" means the Council of the Institute
constituted under section 9;
(e) "dissolved company" means the Institute of
Company Secretaries of India registered under the Companies
Act;
(f) "Fellow" means a Fellow Member of the Institute;
(g) "Institute" means the Institute of Company
Secretaries of India constituted under
this Act;
*[(ga) “notification” means a notification published
in the Official Gazette;]
(h) "prescribed" means prescribed by regulations
made under this Act;
(i) "President" means the President of the Council;
(j) "Register" means the Register of members of
the Institute maintained under this Act;
*[(ja) “specified” means specified by rules made
by the Central Government under this Act;]
* [(jb) “Tribunal” means a Tribunal established
under sub-section (1) of section 10B;]
(k) "Vice-President" means the Vice-President of
the Council;
(I) "year" means the period commencing on the 1st
day of April of any year and ending on the 31st day of March
of the succeeding year;
(m) words and expressions used herein and not defined but
defined in the Companies Act shall have the meanings respectively
assigned to them in that Act.
(2) Save as otherwise provided in this Act, a member of the
Institute shall be deemed "to be in practice" when,
individually or in partnership with one or more members of
the Institute in practice or in partnership with members of
such other recognised professions as may be prescribed, he,
in consideration of remuneration received or to be received,—
(a) engages himself in the practice of the profession of
Company Secretaries to, or in relation to, any company; or
(b) offers to perform or performs services in relation to
the promotion, forming, incorporation, amalgamation, reconstruction,
reorganization or winding up of companies; or
(c) offers to perform or performs such cervices as may be
performed by—
(i) an authorised representative of a company with respect
to filing, registering, presenting, attesting or verifying
any documents (including forms, applications and returns)
by or on behalf of the company,
(ii) a share transfer agent,
(iii)an issue house,
(iv)a share and stock broker.
(v) a secretarial auditor or consultant,
(vi)an adviser to a company on management, including any
legal or procedural matter falling under the Capital Issues
(Control) Act, 1947 (29 of 1947), the Industries (Development
and Regulation) Act, 1951 (65 of 1951), the Companies Act,
the Securities Contracts (Regulation) Act, 1956 (42 of 1956),
any of the rules or bye-laws made by a recognised stock exchange,
the Monopolies and Restrictive Trade Practices Act, 1969 (54
of 1969), the Foreign Exchange Regulation Act, 1973, (46 of
1973), or under any other law for the time being in force.
(vii) issuing certificates on behalf of, or for the purposes
of, a company; or
(d) holds himself out to the public as a Company Secretary
in practice; or
(e) renders professional services or assistance with respect
to matters of principle or detail relating to the practice
of the profession of Company Secretaries; or
(f) renders such other services as, in the opinion of the
Council, are or may be rendered by a Company Secretary in
practice;
and the words "to be in practice” with their grammatical
variations and cognate expressions, shall be construed accordingly.
*[Inserted by Company Secretaries (Amendment) Act, 2006 w.e.f
8-8-2006]
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