*[21. Disciplinary
Directorate.-(1) The Council shall, by notification,
establish a Disciplinary Directorate headed by an officer
of the Institute designated as Director (Discipline) and such
other employees for making investigations in respect of any
information or complaint received by it.
(2) On receipt of any information or complaint along with
the prescribed fee, the Director (Discipline) shall arrive
at a prima facie opinion on the occurrence of the alleged
misconduct.
(3) Where the Director (Discipline) is of the opinion that
a member is guilty of any professional or other misconduct
mentioned in the First Schedule, he shall place the matter
before the Board of Discipline and where the Director (Discipline)
is of the opinion that a member is guilty of any professional
or other misconduct mentioned in the Second Schedule or in
both the Schedules, he shall place the matter before the Disciplinary
Committee.
(4) In order to make investigations under the provisions
of this Act, the Disciplinary Directorate shall follow such
procedure as may be specified.
(5) Where a complainant withdraws the complaint, the Director
(Discipline) shall place such withdrawal before the Board
of Discipline or as the case may be, the Disciplinary Committee,
and the said Board or Committee may, if it is of the view
that the circumstances so warrant, permit the withdrawal at
any stage.
*[Substituted by Company Secretaries (Amendment) Act, 2006
w.e.f 8-8-2006]
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