Section 38A of The Company Secretaries Act, 1980 in hindi
1[38A. Power of Central Government to make rules.-- (1) The Central Government may, by notification, make rules to carry out the provisions of this Act.
- (2)In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:--
- (a)the manner of election and nomination in respect of members to the Council under sub-section (2) of section 9;
- (b)the terms and conditions of service of the Presiding Officer and Members of the Tribunal, place of meetings and allowances to be paid to them under sub-section (3) of section 10B; 2[(c) the form, manner and fee for filing an information or a complaint under sub-section (1), the manner of deciding a complaint or information as actionable or non-actionable under sub-section (2) and the procedure of investigation under sub-section (7), of section 21;
- (d)the procedure while considering the cases by the Boards of Discipline under sub-section (2) and time limit for payment of fine under sub-section (7), of section 21A;
- (da)the procedure while considering the cases by the Disciplinary Committees under sub-section (2) and time-limit for payment of fine under sub-section (7), of section 21B;]
- (e)the procedure to be followed by the Board in its meetings under section 29C; and
- (f)the terms and conditions of service of the Chairperson and members of the Board under sub-section (1) of section 29D.
Summary
- The Central Government has the general power to make rules by notification to carry out the provisions of the Act.
- These rules can specify how Council members are elected and how government representatives are nominated under Section 9.
- They can set the terms, conditions of service, allowances, and meeting places for the Presiding Officer and Members of the election dispute Tribunal under Section 10B.
- They cover the details for filing complaints or information, determining if they are actionable, and the investigation procedures under Section 21.
- They establish the procedures for cases heard by the Board of Discipline under Section 21A and the Disciplinary Committee under Section 21B, including deadlines for paying fines.
- They regulate the meeting procedures of the Quality Review Board and the service terms of its Chairperson and members.
Practical examples
FAQ
1. Who makes the rules for the election of members to the Council under this Act?
The Central Government has the power to make these rules under Section 38A, specifically cross-referencing Section 9.
2. Can the Council of the Institute decide the procedures for the Board of Discipline on its own?
No, the procedure followed by the Board of Discipline when considering cases is specified by rules made by the Central Government under Section 38A.
3. How are rules made by the Central Government brought into effect?
They are brought into effect by publishing a notification in the Official Gazette.
Test yourself
Q1.Under Section 38A of The Company Secretaries Act, 1980, which authority has the power to make rules regarding the election and nomination of members to the Council under Section 9?
Q2.Under Section 38A of The Company Secretaries Act, 1980, how do the rules made by the Central Government affect the Tribunal established under Section 10B to resolve election disputes?
Q3.Under Section 38A of The Company Secretaries Act, 1980, which of the following is determined by rules made by the Central Government rather than by the Disciplinary Directorate itself under Section 21?
Q4.Under Section 38A of The Company Secretaries Act, 1980, what relationship exists between the rule-making power of the Central Government and the functioning of the Board of Discipline under Section 21A?