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CS Professional · Compliance Management, Audit and Due Diligence · Values, Ethics and Professional Conduct

A member asks who decides whether his application for a certificate of practice is granted or refused. Under the Company Secretaries Act, 1980, which statement is correct?

The Council prescribes guidelines for granting or refusing certificates of practice under section 15(2)(e), while the Institute grants or refuses them as per those guidelines under section 15A(h). The Council does not decide each case itself.

  1. AThe Council prescribes the guidelines, and the Institute grants or refuses the certificate as per those guidelinesCorrect
  2. BThe Council itself grants or refuses each certificate under section 15A
  3. CThe Central Government prescribes the guidelines and grants each certificate
  4. DThe Quality Review Board grants or refuses each certificate

Explanation

Section 15(2)(e) gives the Council the task of prescribing guidelines for granting or refusal of certificates of practice. Section 15A(h) makes the Institute responsible for the actual granting or refusal as per the Council's guidelines. The Council therefore sets the guidelines and does not itself decide each case under 15A.

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