ANNOUNCEMENT ON MODIFIED TRAINING STRUCTURE FOR THE
STUDENTS OF COMPANY SECRETARYSHIP COURSE EFFECTIVE FROM
01ST APRIL, 2014

The Council, with the approval of Central Government and after following the due process, is publishing a Notification no. 710/1(M)/1 (1410GI/ 14) dated 01st April, 2014 in the Gazette of India, Part III, Section 4 (Extraordinary).

The Notification has amended the Company Secretaries Regulations, 1982 to modify the training structure for the students of Company Secretaryship course. The modified training structure shall be applicable to:-

(i)   a student registered to the Executive Programme on or after 1st April 2014; and

(ii)  a student registered to the Executive Programme on or before 31st March 2014, if (s)he opts for the modified training structure in lieu of the earlier structure.

The brief details of the earlier training structure and the modified training structure is as under:

Components                  of
Training
Earlier             Training
Structure
Modified          Training
Structure
Computer Training Seventy hours Not Applicable
Student              Induction
Programme
Seven days Not Applicable
Executive       Development
Programme
Eight days Not Applicable
Long    Terms    Internship
with specified entities
Fifteen months(After                  passing
Executive Programme)
Three         years        onregistration                  to
Executive Programme;

or

Two years after passing the Executive Programme;

or

One year after passing the Professional Programme.

ProfessionalDevelopment Programme Twenty-five hours Not Applicable
Training with specialised agency Fifteen days Not Applicable
Management             Skills
Orientation Programme
Fifteen days Fifteen days

The Notification being published is given below: –

Gazette Of India, Part III, Section 4
Ministry of Corporate Affairs

THE INSTITUTE OF COMPANY SECRETARIES OF INDIA (Constituted under the Company Secretaries Act, 1980)

NOTIFICATION

New Delhi, the 1st April, 2014

No. 710/1 (M)/1. – WHEREAS the draft regulations further to amend the Company Secretaries Regulations, 1982 were published, as required by sub-section (3) of section 39 of the Company Secretaries Act, 1980 (56 of 1980), at pages 1 to 8 in the Gazette of India Extraordinary, Part III, Section 4 dated December, 31, 2012 under the notification of the Institute of Company Secretaries of India number 710/1 (M)/1 dated December 31, 2012 for inviting objections and suggestions from all persons likely to be affected thereby before the expiry of forty-five days of the date on which the copies of the said notification as published in the Gazette of India were made available to the public;

AND WHEREAS objections and suggestions were invited before the expiry of period of forty five days from the date on which the copies of the said Gazette were made available to the public;

AND WHEREAS the said Gazette was made available to the public on the 8th January, 2013;

AND WHEREAS objections and suggestions received from the public have been considered by the Council;

NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of the section 39 of the Company Secretaries Act, 1980 (56 of 1980), the Council, with the approval of the Central Government, hereby makes the following regulations further to amend the Company Secretaries Regulations, 1982, namely: –

        (1)    These regulations may be called the Company Secretaries (Amendment) Regulations, 2014.

(2)     These regulations shall come into force on the date of their publication in the Gazette of India.

2      In the Company Secretaries Regulations, 1982,-

(i)  for regulation 40, the following regulation shall be substituted, namely: – “40 Admission to Executive Programme Examination.-

No candidate shall be admitted to Executive Programme Examination unless he is a registered student and applies with such examination fees as may be determined by the Council from time to time, in accordance with the directions given by the Council.”

(ii)   after Chapter VI, the following Chapter VIA shall be inserted, namely: –

“CHAPTER VI A
Practical Experience and Training requirements

46AA. Applicability of this Chapter.-

The provisions of this Chapter shall apply to: –

(a)  a student registered to the Executive Programme on or after the date of publication of this notification; and

(b)a student registered to the Executive Programme before the date of publication of this notification, if he wishes to comply with the requirements of this Chapter instead of those specified in Chapter VII.

46 AB Practical Experience and Training.-

1. A student who has passed the Final examination or Professional Programme examination of the Institute shall become eligible to Associate Membership of the Institute only after he has –

(a) undergone the practical training for a period of-

(i)     three years on registration for Executive Programme; or

(ii)   two years after passing the Executive Programme examination; or

(iii) one year after passing the Professional Programme examination;

on whole time basis during normal working hours-

(i)   in a company having a paid up share capital of not less than fifty lakh rupees; or

(ii)  in any other institution or organisation or class of institutions or organisations as may be approved by the Council from time to time; or

(iii)     under a Company Secretary in whole-time practice or in a firm of Company Secretaries;

(b) completed Management Skills Orientation Programme, after passing the Final examination or Professional Programme examination and undergoing practical training as specified in clause (a) of sub-regulation (1) or exempted therefrom, either in class room environment or online for a period of fifteen days in such manner and of such contents as may be provided by the Council from time to time.

2. The practical training referred to in clause (a) of sub-regulation (1) may be dispensed for a student, if to the satisfaction of the Council, he has fulfilled the following experience, namely: –

(i)     (a) One year experience as an Assistant Company Secretary or Deputy Company Secretary or any other post equivalent or higher thereto in the Secretarial Department; or (b) two years’ experience as a Secretarial Officer or Executive or any other post equivalent or higher thereto; or (c) three years experience as an Assistant or any other post equivalent or higher thereto in Secretarial Department in any company or body corporate having a paid-up share capital of not less than fifty lakh rupees or turnover of not less than ten crore rupees or in any public sector undertaking, autonomous or statutory body, financial institution or bank which in the opinion of the Council provides scope for acquiring sufficient professional experience; or

(ii)   (a) Two years’ experience as Secretarial Officer or Executive or any post equivalent; or (b) three years’ experience as an Assistant or any other post equivalent or higher thereto under a Company Secretary in whole time practice or in a firm of Company Secretaries, which in the opinion of the Council provides scope for acquiring sufficient professional experience; or

(iii)  (a) Two years’ experience of continuous practice on a whole-time basis as a Chartered Accountant or a Cost Accountant having carried out statutory or cost or internal audit or providing management consultancy services; or (b) two years experience of continuous practice as an Advocate in a high Court having rendered services as Counsel or Advisor to a Company having paid–up share capital and reserves of not less than fifty lakhs rupees or any organisation having gross fixed assets of not less than one crore rupees, or in any public sector undertaking, autonomous or statutory body, financial institute or bank which in the opinion of the Council provides scope for acquiring sufficient professional experience; or

(iv)  has acquired practical experience equivalent to those specified under sub-regulation (1) of this regulation in such professional institutions or abroad as may be recognised by the Council in this behalf on reciprocal basis.

46AC Exceptions.-

Any person not falling in all or any respects with regard to practical experience and practical training requirements as specified in regulation 46AB but claims to have acquired practical experience and undergone practical training, equivalent to those specified under these regulations may apply for full or partial exemption from acquiring practical experience or undergoing practical training, as the case may be, and the Council may determine each case for partial or total exemption taking into account the evidence produced by such person or after interviewing him.

46AD Requirement of certificate of experience and practical training by members of the Institute.-

Every applicant claiming to have acquired the necessary practical experience and undergone the required practical training, shall be required to obtain certificate from at least two members having a standing of three years membership, as approved by the Council, certifying that in the opinion of the certifying members, the candidate is a fit and appropriate person to be admitted to the Associate Membership of the Institute.

46AE Proof of Practical experience and training.-

A candidate who possesses the requisite practical experience and has undergone the requisite practical training or has been exempted therefrom as provided in these regulations, shall be required to produce necessary documentary proof to the satisfaction of the Council along with his application in the appropriate form for Associate Membership.

46AF Disciplinary action in connection with training including Management Skills Orientation Programme.-

In the event of any misconduct by a candidate undergoing training including management skills orientation programme, the Council or the Disciplinary Committee may suo-moto or on receipt of a complaint, if it is satisfied that the misconduct is proved after such investigation as it may deem necessary after giving him an opportunity of being heard, reprimand the candidate or cancel or suspend his registration as a student or suspend or debar him from appearing in any one or more examinations of the Institute or direct that any period of training already undergone shall not be reckoned for the purpose of regulation 46AB or declare that such a candidate is not fit and appropriate person to be admitted to the Associate Membership of the Institute.

Explanation: For the purposes of this regulation, the expression “misconduct” shall include “a behaviour in a disorderly manner in relation to the Institute or in or near the place where undergoing training, breach of any regulation, condition, guideline or direction laid down by the Institute, malpractice with regard to training or resorting to or attempting to resort to unfair means in connection with the undergoing of training or seeking exemption from undergoing the training or for breach of any policies, rules and regulations for the organisation in which he is undergoing training;”

(iii) after regulation 55A, the following regulation shall be inserted, namely: –

“55AB Applicability of Chapter VII. –

The provisions of this Chapter shall apply to students registered to Intermediate or Executive Programme before the date of this notification, if they do not opt to comply with the provisions of Chapter VIA.”

By Order of the Council

File No. ……………………………………………………………………………       M. S. Sahoo, Secretary

The Institute of Company Secretaries of India

Note: The principal regulations were published in the Gazette of India vide notification ICSI No.710/2 (1), dated the 16th September, 1982 and subsequently amended vide:

(i)           Notification No. ICSI/710/2/M (1) dated the 30th March, 1984;

(ii)          Notification No. ICSI/710/2/M (1), dated the 3rd May, 1984;

(iii)        Notification No. ICSI/710/2/M (1), dated the 30th December, 1985;

(iv)          Notification No. ICSI/710/2/M (1), dated the 9th September, 1986;

(v)            Notification No. ICSI/710/2/M (1), dated the 23rd February, 1987;

(vi)          Notification No. ICSI/710/2/M (1), dated the 9th March, 1987;

(vii)         Notification No. ICSI/710/2/M (1), dated the 22nd August, 1988;

(viii)     Notification No. ICSI/710/2/M (1), dated the 23rd August, 1988;

(ix)         Notification No. ICSI/710/2/M (18), dated the 20th August, 1993 and 24th November, 1993;

(x)          Notification No. 710/1/M/(17), dated the 21st February, 1995;

(xi)         Notification No. ICSI/710/2/M (20), dated the 28th November, 1996;

(xii)       Notification No. ICSI/710/2/M (26), dated the 10th August, 2001;

(xiii)     Notification No.710/1/(M)/1, dated the 3rd May, 2006;

(xiv)      Notification No.710/ 1/(M)/ 1, dated the 26th June, 2006;

(xv)        Notification No. 710/1(M)/1, dated the 23rd July, 2010;

(xvi)      Notification No. 710/1(M)/1, dated the 4th June, 2012.

Source- ICSI

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