The Company Secretaries Act, 1980 - (No. 56 of 1980)

As amended by The Company Secretaries (Amendment) Act, 2006 An Act to make provision for the regulation and development of the profession of Company Secretaries. Be it enacted by Parliament in the Thirty- First Year of the Republic of India as follows:—



Short title, extent and commencement

(1) This Act may be called The Company Secretaries Act, 1980.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint*.

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; 4

[(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