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CS Professional · Environmental, Social and Governance (ESG) - Principles and Practice · Empowerment of the Company Secretary Profession

Nirmaan Learning Pvt Ltd starts awarding a 'Certified Corporate Secretarial Practitioner' certificate, suggesting competence in company secretaryship similar to that of an ICSI member. Which provision of the Company Secretaries Act, 1980 is attracted, and what is the first-conviction penalty?

Section 25 of the Company Secretaries Act, 1980 is attracted. On first conviction the penalty is imprisonment up to six months, or a fine of not less than one lakh and up to five lakh rupees, or both. The higher penalty applies only on subsequent conviction.

  1. ASection 25; imprisonment up to six months or fine of not less than one lakh and up to five lakh rupees, or bothCorrect
  2. BSection 25; fine only, up to one thousand rupees
  3. CSection 25; imprisonment up to one year or fine of not less than two lakh and up to ten lakh rupees, or both
  4. DSection 378X of the Companies Act, 2013; penalty of one hundred rupees per day

Explanation

Section 25(1)(b) bars awarding any certificate or designation indicating competence in Company Secretaryship similar to that of an ICSI member. Section 25(2) sets the first-conviction penalty as imprisonment up to six months, or fine of Rs 1 lakh to Rs 5 lakh, or both. The one-year and Rs 2-10 lakh punishment applies only to subsequent convictions.

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