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CS Professional · Compliance Management, Audit and Due Diligence · Legal Framework Governing Company Secretaries

Ms. Kavita Rao, a practising Company Secretary, is the subject of a complaint filed with the prescribed fee. The Director (Discipline) forms a prima facie opinion that she is guilty of a misconduct listed only in the First Schedule. Before whom will the Director place the matter?

The matter is placed before the Board of Discipline. Under section 21(3), First Schedule misconduct goes to the Board of Discipline, while misconduct in the Second Schedule, or in both Schedules, goes to the Disciplinary Committee.

  1. AThe Board of DisciplineCorrect
  2. BThe Disciplinary Committee
  3. CThe Central Government
  4. DThe Presiding Officer alone, as the President of the Institute

Explanation

Under section 21(3), where the Director (Discipline) finds a member guilty of misconduct mentioned in the First Schedule, the matter goes to the Board of Discipline. Second Schedule matters, or matters under both Schedules, go to the Disciplinary Committee. The Disciplinary Committee is therefore the wrong forum here.

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