9. Constitution of
the Council of the Institute .-(1) There shall be
a Council of the Institute for the management of the affairs
of the Institute and for discharging the functions assigned
to it by or under this Act.
*[(2) The Council shall be composed of the following persons,
namely:--
(a) not more than fifteen persons elected by the members
of the Institute, from amongst the Fellows of the Institute
chosen in such manner and from such regional constituencies
as may be specified:
Provided that a Fellow of the Institute, who has been found
guilty of any professional or other misconduct and whose name
is removed from the Register or has been awarded penalty of
fine, shall not be eligible to contest the election,--
(i) in case of misconduct falling under the First Schedule
of this Act, for a period of three years;
(ii) in case of misconduct falling under the Second Schedule
of this Act, for a period of six years,
from the completion of the period of removal of name from
the Register or payment of fine, as the case may be;
(b) not more than five persons nominated in the specified
manner by the Central Government.]
*[(3) No person holding a post under the Central Government
or a State Government shall be eligible for election to the
Council under clause (a) of sub-section (2).]
*[(4) No person who has been auditor of the Institute shall
be eligible for election to the Council under Clause (a) of
sub-section (2) for a period of three years after he ceases
to be an auditor.]
*[sub-section (2) and sub-section (3) and (4) substituted
by Company Secretaries (Amendment) Act, 2006 w.e.f 8-8-2006]
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