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Section 39

Power to make regulations

(1)
The Council may, by notification in the Gazette of India, make regulations for the purpose of carrying out the provisions of this Act.
(2)
In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
(a)
the professions that may be recognised under sub-section (2) of section 2 and item (2) and (4) of Part I of the First Schedule;
(b)
the examinations and training for the purposes of clauses (c), (d) and (e) of sub-section (1) of section 4;
(c)
the manner of making an application and granting thereof under sub-section (3) of section 4 or sub-section (3) of section 5;
(d)
the fees payable under sub-section (3) of section 4, sub-section (3) of section 5, sub-section (2) of section 6, sub-section (2) of section 15, sub-section (4) of section 19 and clause (c) of sub-section (1) of section 20;
(e)
the qualifications and practical experience for the purposes of sub-section (3) of section 5;
(f)
the form in which an application may be made under sub-section (2) of section 6;

(fa) the circumstances under which certificates of practice may be cancelled under sub-section (3) of section 6;

(fb)
the powers, duties and functions of the President and the Vice-President of the Council under sub-section (2B) of section 12;

Omitted.

(h)
the transaction of business by the Council for the discharge of its functions under section 15 and other provisions of this Act, the place at which and the intervals at which the Council shall hold its meetings for the transaction of such business, the procedure to be followed at such meetings and all other matters connected therewith;

(ha) guidelines for granting or refusal of certificates of practice under clause (e) of sub-section (2) of section 15;

(i)
the regulation and maintenance of the status and standards of professional qualifications of members of the Institute, as required by clause (g) of sub-section (2) of section 15;
(j)
the carrying out of research in matters of interest to Company Secretaries as required by clause (h) of sub-section (2) of section 15;
(k)
the maintenance of libraries and publication of books and periodicals relating to management of companies and allied subjects, as required by clause (f) of section 15A;

(ka) the manner of appointment, powers, duties, functions, salaries, fees, allowances and other terms and conditions of service of the Secretary and other officers and employees of the Council under clause (c) of sub-section (2) of section 16;

Omitted.

(m)
the transaction of business by the Standing Committees and other Committees referred to in section 17, the places at which and the intervals at which such Committees shall hold their meetings for the transaction of such business, the procedure to be followed at such meeting and all other matters connected therewith;

(ma) the maintenance of accounts under sub-section (3), the manner of preparing annual financial statement under sub-section (4) and the manner of preparing the annual accounts of the Council under sub-section (5), of section 18;

(n)
the manner in which the Register may be maintained under sub-section (1) of section 19;
(o)
the other particulars to be included in the Register, as required by clause (e) of sub-section (2) of section 19;

(p) the manner of making an application for grant of registration of a firm and the terms and conditions of such registration under section 20A;

(pa)
the manner of maintenance of Register of firms, and other particulars including details of pendency of any actionable information or complaint or imposition of any penalty against the firm under sub-section (1) and sub-section (2) and the manner in which the annual list of firms registered with the Institute shall be published under sub-section (3), of section 20B;
(pb)
the manner of making available status of actionable information and complaints and orders passed under sub-section (9) of section 21;
(pc)
the manner of preparing panel of persons under clauses (a), (b) and (c) of sub-section (1) and the allowances payable to the Presiding Officers and members of the Boards of Discipline under sub-section (8), of section 21A;
(pd)
the manner of preparing panel of persons under clauses (a), (b) and (c) of sub-section (1) and the allowances payable to the Presiding Officers and members of the Disciplinary Committees under sub-section (8) of section 21B;
(pe)
the salaries and allowances and conditions of service of officers and staff of the Authority under sub-section (2) of section 22D;

Omitted.

(r)
the manner in which Regional Council may be constituted under sub-section (2) of section 23 and the functions thereof;
(s)
the conditions subject to which foreign qualifications may be recognised under sub-section (2) of section 38;
(t)
any other matter which is required to be, or may be, prescribed under this Act.
(3)
All regulations made by the Council under this Act shall be subject to the condition of previous publication and to the approval of the Central Government.

Omitted.

4. Clause (g) omitted by s. 30, ibid . (w.e.f. 8-8-2006).

7. Clause (l) omitted by s. 30, ibid . (w.e.f. 8-8-2006).

9. Clause (q) omitted by s. 30, ibid . (w.e.f. 8-8-2006).

10. Sub-section (4) omitted by Act 8 of 2006, s. 30 (w.e.f.8-8-2006).

Notes, amendments & references (7)

1. Subs. by Act 8 of 2006, s. 30, for items (1), (3) (w.e.f. 8-8-2006).

2. The words, brackets and letter clause (a) of omitted by , s. 30, ibid (w.e.f. 8-8-2006).

3. Ins. by Act 12 of 2022, s. 104 (w.e.f. 10-5-2022).

4. Subs. by s. 30, ibid ., for clause (i) (w.e.f. 8-8-2006).

5. Subs. by s. 30, ibid ., for clause (j) (w.e.f. 8-8-2006).

6. Subs. by s. 30, ibid ., for clause (k) of sub-section (2) of section 15 (w.e.f. 8-8-2006).

8. Subs. by Act 12 of 2022, s. 104, for clause (p) (w.e.f. 10-5-2022).