Penalty for using name of the Council, or awarding degree of Company Secretary

(1)

Save as otherwise provided in this Act, no person shall--

(a)

use a name or a common seal which is identical with the name or the common seal of the

Institute or so nearly resembles it as to deceive or as is likely to deceive the public;

(b)

award any degree, diploma or certificate or bestow any designation which indicates or

purports to indicate the position or attainment of any qualification or competence in Company

Secretaryship similar to that of a member of the Institute; or

(c)

seek to regulate in any manner whatsoever the profession of Company Secretaries.

(2)

Any person contravening the provisions of sub-section (1) shall, without prejudice to any other proceedings which may be taken against him, 1 [be punishable with imprisonment which may extend to six months or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees or with both on first conviction], and on any subsequent conviction with imprisonment which may extend to 2 [one year, or with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees], or with both.

3 [*

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1 .Subs by, s. 97, ibid., for be punishable on first conviction with fine which may extend to one thousand rupees. (w.e.f. 10-5-2022).

2.. Subs by, s. 97, ibid., for six months, or with fine which may extend to five thousand rupees. (w.e.f. 10-5-2022).

3. Sub-section (3) omitted by Act 8 of 2006, s. 23 (w.e.f. 8-8-2006).