THE INSTITUTE OF COMPANY SECRETARIES OF INDIA
NOTIFICATION
New Delhi, the 7th September, 2022
Elections to the Council and the Regional Councils, 2022

No. 1 of September, 2022.—Whereas the duration of the 13th Council and the Regional Councils shall expire on 18th January, 2023, the elections for constitution of the new Council and Regional Councils shall be held as notified hereunder:

1. In pursuance of Section 9(2) (a) of the Company Secretaries Act, 1980 (hereinafter ‘the Act’) read with Rules 3 and 4 and other applicable Rules of the Company Secretaries (Election to the Council) Rules, 2006 (hereinafter ‘the Rules’) and the relevant provisions of the Company Secretaries Regulations, 1982 (hereinafter ‘the Regulations’), the timelines for various activities for the conduct of elections to the Council and Regional Councils in the year 2022 shall be as under:

SL.
NO.

ACTIVITY TIME, DAY AND DATE PLACE / VENUE
1 Issue of notification for the purposes of Rule 4 of the Rules. Wednesday, the 7th September, 2022 Gazette of India
2 Filing of nominations [Rules 4 (2) (a) and 9] Not later than 6.00 PM on Friday, the 30th September, 2022. Office of the Returning Officer
3 Scrutiny of nominations [Rule 4 (2) (b ) ] Tuesday, the 11th October, 2022 at 11.00 AM ICSI House, 22 Institutional Area, Lodi Road, New Delhi-110 003
4 Withdrawal of nominations [Rules 4(2) (c) and 14] Not later than 6.00 PM on Friday , the 21st October, 2022 Office of the Returning Officer
5 Polling [Rule 4 (2) (d)] Delhi, Kolkata, Mumbai and Bengaluru: Friday and Saturday, the 9th and 10th December, 2022 from 8.00 AM to 8.00 PM

Other Places: Friday, the 9th December, 2022 from 8.00 AM to 8.00 PM

Assigned Polling Booths
6 Receipt of applications for permission to vote by post [Rules 4(2) (e) and 28] Monday, the 10th October, 2022 upto 6.00 PM Office of the Returning Officer
7 Receipt by post of ballot papers back from voters [Rule 4 (2) (f) ] Friday, the 9th December, 2022 upto 4.00 PM Post Box at designated Post Office in New Delhi
8 Commencement of counting of votes [Rules 4(2) (g) and 32] Monday, the 19th December, 2022 at 10.00 AM. ICSI-NIRC Building 4, Prasad Nagar Institutional Area, New Delhi- 110005
9 Declaration of results [Rules 4(2) (h), 35 and 36] Monday, the 26th December, 2022 or after counting is over, whichever is later. Gazette of India

2. In pursuance of sub-rule (1) of Rule 9 of the Rules, the number of persons to be elected to the Council from different constituencies shall be as under:

Sl.
No.

Persons to be elected No. of Persons to be elected
1 Persons to be elected to the Council under Section 9(2)(a) of the Act 15 (Fifteen)
2 Persons to be elected to the Council under Schedule 3 read with Rule 8 and Schedule 1 read with Rule 3 from:

Eastern India Regional Constituency Northern India Regional Constituency Southern India Regional Constituency Western India Regional Constituency

2 (Two)

5 (Five)

3 (Three)

5 (Five)

3. In pursuance of sub-regulation (1) of regulation 115 read with sub-regulation (1) of regulation 114 of the Regulations, the number of persons to be elected to different Regional Councils and reservation of seats for various States and Union Territories shall be as under:

Sl.
No.
Regional Council No. of Persons
to be elected
Reservation
1 Eastern India Regional Council – Comprising the States of Arunachal Pradesh, Assam, Bihar, Jharkhand, Manipur, Meghalaya, Mizoram, Nagaland, Odisha, Sikkim, Tripura and West Bengal. 6 (Six) One seat each reserved for the States of Assam, Bihar, Jharkhand, Odisha and West Bengal.
2 Northern India Regional Council -Comprising the States of Delhi, Haryana, Himachal Pradesh,
Punjab, Rajasthan, Uttar Pradesh, Uttarakhand
and the Union Territory of Chandigarh , Jammu & Kashmir and Ladakh.
12 (Twelve) One seat each reserved for the States of Delhi, Haryana, Punjab, Rajasthan, Uttar Pradesh and Union Territory of Chandigarh.
3 Southern India Regional Council – Comprising the States of Andhra Pradesh,

Karnataka , Kerala,
Tamilnadu and Telangana and the Union Territories of Andaman and Nicobar Islands, Puducherry and Lakshadweep.

6 (Six) One seat each reserved

for the States

of Andhra Pradesh,

Karnataka, Kerala,

Tamil Nadu and
Telangana.

4 Western India Regional Council – Comprising the

States of Chattisgarh,
Gujarat, Madhya Pradesh, Maharashtra and Goa and the Union Territory of Dadra and Nagar Haveli and Daman & Diu.

12 (Twelve) One seat each reserved

for the States of

Chhattisgarh, Gujarat,
Madhya Pradesh and Maharashtra.

4. In pursuance of Rules 9, 10 and 11 of the Rules, a member who is eligible and desirous to stand for election to the Council or a Regional Council of the Institute shall file nomination(s) in the form, as at Annexure I or Annexure II, as the case may be, so as to reach the Returning Officer, ‘ICSI House’ 22, Institutional Area, Lodi Road, New Delhi-110003, not later than 6.00 PM on Friday, the 30th September, 2022 with the statement in Annexure III and Declaration in Annexure- IV, three passport size photographs and the demand drafts drawn in favour of “The Institute of Company Secretaries of India”, payable at New Delhi towards the fee and deposit as under:

Sl.
No.

Fee / Deposit payable with nomination Amount (Rs.)
For Council For Regional Council
1 Fee (Rule 10) 40,000 (Forty Thousand only)+ GST @ 18% (i.e. Rs.47,200/-) 35,000 (Thirty five thousand only) + [email protected]% (i.e.Rs.41,300/-)
2 Security Deposit (Rule 11)

(Refundable subject to securing 2% of original votes)

20,000 (Twenty
thousand only)
20,000 (Twenty
thousand only)

Clarification: A member may file any number of nominations not exceeding Ten for the Council and irrespective of the number of nomination(s) he has to pay a sum of Rs.40,000/- + GST (Rs.47,200/-) with the nomination. A member may file any number of nominations not exceeding Ten for the Regional Council and irrespective of the number of nomination (s) he has to pay a sum of Rs.35,000/-+GST (Rs.41,300/-) with the nomination.

5. In pursuance of sub-rule (4) of Rule 9 read with Schedule 4 of the Rules, the following qualifications have been recognised by the Council for the purpose of sub-clause (a) of Para (2) of Schedule 4:

j) All degrees awarded by the universities recognised by the University Grants Commission;

ii) Certified Associate Indian Institute of Banking & Finance, Professional Membership of The Institute of Chartered Accountants of India, The Institute of Cost Accountants of India, The Insolvency and Bankruptcy Board of India (Insolvency Professional/Registered Valuer) and the Chartered Governance Institute.

6. In pursuance of Rule 12(1) of the Rules, the Panel for scrutiny of nominations shall comprise as under:

a. S. Santhanakrishnan, Government Nominee on the Council;

b. Tharvinder Singh, Deputy Secretary to Government of India-Nominated by the Central Government, and

c. Asish Mohan, Returning Officer and Secretary, the Institute of Company Secretaries of India.

7. In pursuance of sub-rule (3) of Rule 6 of the Rules, the list of members eligible to vote (list of voters) from the various constituencies for elections to the 14th Council and the four Regional Councils of the Institute of Company Secretaries of India shall be available for sale from ICSI House, 22 Institutional Area, Lodi Road, New Delhi 110003, and also from respective Regional Offices at Chennai, Delhi, Kolkata and Mumbai and the Chapter Offices from the date of Gazette Notification on payment of the prices as under:

Sl.
No.
List of Voters Price for CD + applicable GST / Price for printed copy (Rs.)
1 Eastern Region 400 (CD) + GST / 400 Printed copy
2 Northern Region 400 (CD) + GST / 600 Printed copy
3 Southern Region 400 (CD) + GST / 400 Printed copy
4 Western Region 400 (CD) + GST / 600 Printed copy

List of voters may also be obtained from Headquarters by post on payment of postal charges and the prices as specified above.

8. In pursuance of sub-rules (1) and (2) of Rule 41 of the Rules, a candidate, whose name has been included in the final list of nominations under Rule 15, shall not incur an expense in excess of the amount as specified hereunder and shall file an account of expenses incurred for the election in the format (Annexure V) within fifteen days of the notification issued under Rule 36.

Election Ceiling on Expenditure (Rs.)
Council 10,00,000 (Rupees Ten Lakhs)
Regional Council 7,50,000 (Rupees Seven Lakhs Fifty Thousand)

9. In pursuance of sub-rule (3) of Rule 41 or sub-rule (1) of Rule 42 of the Rules, a member shall be deemed to have brought disrepute to the Council under Item (2) of Part IV of the First Schedule of the Act if, in connection with an election to the Council or Regional Council of the Institute, he is found to have contravened the provisions of sub-rules (1) or (2) of Rule 41 or sub-rules (2), (3) or (4) of Rule 42.

10. In pursuance of sub-rules (2) and (3) of Rule 42 of the Rules, a candidate shall issue only one manifesto or circular in relation to the election in the manner specified therein.

11. In pursuance of sub-rule (2) of Rule 16 of the Rules, the Election Code of Conduct for candidates that has been published on the web-site of the Institute, shall come into force from the date of issue of this notification and this Code shall be deemed to be a guideline of the Council under item (1) of Part II of the Second Schedule of the Act and it is obligatory for each candidate and his/her authorised representative to comply with this Election Code of Conduct.

12. In pursuance of Rule 4(2)(e) and 4(2)(f) of the Rules, a voter eligible and desirous to cast vote by post may send an application to the Returning Officer in form as at Annexure – VI seeking permission to do so by Monday, the 10th October, 2022 and must return the ballot papers in the specified envelope so as to reach the Returning Officer at ICSI House, 22, Institutional Area, Lodi Road, New Delhi-110003, by Friday, the 9th December, 2022, upto 4.00 pm.

13. In pursuance of Rules 5, 21 and 28 read with Schedule 2 of the Rules, Polling Booths have been assigned to each voter. A member may cast his vote at the polling booth assigned to him. A member, whose name is not shown under any Polling Booth, shall be permitted to vote by post. A list of Polling Booths has been published on the website of the Institute.

14. The relevant provisions of the Company Secretaries Act, 1980, the Company Secretaries (Election to the Council) Rules, 2006 and the Company Secretaries Regulations, 1982 and other applicable laws, though not specified herein, shall apply to these elections.

By Order of the Council of the Institute of Company Secretaries of India
CS ASISH MOHAN, Returning Officer and Secy.
[ADVT.-III/4/Exty./253/2022-23]

ANNEXURE I

FORM OF NOMINATION FOR ELECTION TO THE COUNCIL
(See Rules 5, 9, 10 and 11)
NOMINATION

We, the undersigned members of the Institute of Company Secretaries of India, not being in arrears this day in respect of our respective annual membership fee for the current year and being eligible to vote under Rule 5 of the Company Secretaries (Election to the Council) Rules, 2006 in the election of members to the Council of the Institute notified to be held during the calendar year 2022 do hereby nominate ……………………………………….., who is a Fellow Member of the Institute belonging to ………………………. India Regional Constituency, as a candidate for election to one of the seats to be filled up from ………………. India Regional Constituency in accordance with the provisions contained in the Company Secretaries (Election to the Council) Rules, 2006.

 1. Signature of the Proposer
Name of the Proposer
Membership No.
Address as per voter list
Date
2. Signature of the Seconder
Name of the Seconder
Membership No.
Address as per voter list
Date

CONSENT

I, ………………………………………. , being a Fellow Member of the Institute belonging to the ……………………………………….  India Regional Constituency, not being in arrears this day in respect of my annual membership fee for the current year, and being eligible to stand for election agrees to stand as a candidate for election to one of the seats to be filled up from the said constituency in the election notified to be held during the calendar year 2022.

I enclose herewith a demand draft in favour of ‘The Institute of Company Secretaries of India’, payable at New Delhi towards Nomination Fee as per details given below:

Demand Draft No. Date Amount (Rs.) GST No. Drawn on (Name of Bank)
47,200/- i.e. (Fee Rs.40,000 + GST Rs.7,200/-)

(Rupees Forty Seven Thousand  Two Hundred only)

I enclose herewith a demand draft in favour of ‘The Institute of Company Secretaries of India’, payable at New Delhi towards Security Deposit as under:

Demand Draft No. Date Amount (Rs.) Drawn on (Name of Bank)
20000/-

(Rupees Twenty Thousand only)

I agree to abide by the provisions of the Company Secretaries Act, 1980, the Company Secretaries (Election to the Council) Rules, 2006 and the Company Secretaries Regulations, 1982 and forward herewith the statement pursuant to schedule 4 of the Company Secretaries (Election to the Council) Rules, 2006 and declaration as annexed to this Nomination Form with three passport size photographs.

Signature of the Candidate
Name in Full
Membership No.
Address as per voter list
Mobile No.
E-Mail Id
Date …………….day of ……………….., 2022

ANNEXURE II

FORM OF NOMINATION FOR ELECTION TO THE__________ INDIA REGIONAL COUNCIL
(See Regulations 114 and 115 read with Rules 5, 9, 10 and 11)
NOMINATION

We, the undersigned members of the Institute of Company Secretaries of India, not being in arrears this day in respect of our respective annual membership fee for the current year and being eligible to vote under Rule 5 of the Company Secretaries (Election to the Council) Rules, 2006 read with Regulation 114 (1) of the Company Secretaries Regulations, 1982 in the election of members to the______________ India Regional Council of the Institute to be held during the calendar year 2022 do hereby nominate ………………………………………… , who is a Fellow Member of the Institute belonging to ……………………………..  India Regional Constituency, as a candidate for election to one of the seats to be filled up for ……………………………..  India Regional Council in accordance with the provisions contained in the Company Secretaries (Election to the Council) Rules, 2006 and the Company Secretaries Regulations, 1982.

1. Signature of the Proposer
Signature of the Proposer
Membership No.
Address as per voter list
Date
2. Signature of the Seconder
Name of the Seconder
Membership No.
Address as per voter list
Date

CONSENT

I, ………………………………………………………………………………………………………. , being a Fellow Member of the Institute belonging to the ……………………………………………..  India Regional Constituency, not being in arrears this day in respect of my annual membership fee for the current year, and being eligible to stand for election agree to stand as a candidate for election to one of the seats to be filled up for the said Regional Council in the election notified to be held during the calendar year 2022.

I enclose herewith a demand draft in favour of ‘The Institute of Company Secretaries of India’, payable at New Delhi towards Nomination Fee as per details given below:

Demand Draft No.

Date Amount (Rs.) GST No. Drawn on (Name of Bank)
41,300/- i.e. (Fee Rs.35000/-+GST Rs. 6,300).

(Rupees Forty One Thousand and Three
Hundred only)

I enclose herewith a demand draft in favour of ‘The Institute of Company Secretaries of India’, payable at New Delhi towards Security Deposit.

Demand Draft No. Date Amount (Rs.) Drawn on (Name of Bank)
20000/-

(Rupees Twenty Thousand only)

I agree to abide by the provisions of the Company Secretaries Act, 1980, the Company Secretaries (Election to Council) Rules, 2006 and the Company Secretaries Regulations, 1982, and forward herewith the statement pursuant to Schedule 4 of the Company Secretaries (Election to the Council) Rules, 2006 and declaration as annexed to this Nomination Form with three passport size photographs.

Signature of the Candidate
Name in Full
Membership No.
Address as per voter list
Mobile No.
E-Mail Id
Date …………….day of ……………….., 2022

ANNEXURE III

STATEMENT PURSUANT TO SUB-RULE (4) OF RULE 9 READ WITH SCHEDULE 4

(To be annexed, in Original, to each of the Nomination Forms for Election to the Council / Regional Council of the
Institute of Company Secretaries of India).

a. Name, Membership No., Professional Address and voter’s serial number as published in the List of Voters

:
b. Date of birth :
c. Whether Fellow and the date on which became Fellow :
d. Date of Enrolment as an Associate member :
e. Whether citizen of India :
f. Whether found guilty of any professional or other misconduct and consequently whether he has been reprimanded or the name has been removed from the Register or has been awarded penalty of fine as on the date of nomination; :
g. If the answer to (f) above is in affirmative, please provide the following details, wherever applicable (separately for each misconduct for which found guilty):

(i) the offence for which found guilty

(ii) the date of reprimand

(iii) the date from which the name was removed on account of above disqualification from the Register

(iv) the total period of removal

(v) the date on which the period of removal expires

(vi) whether the removal was on account of misconduct falling under the First Schedule or Second Schedule

(vii) the date on which the penalty of fine was awarded

(viii) amount of penalty of fine

(ix) the date on which the payment was made for penalty of fine awarded;

:

 

:

:

:

:

 

:

:

 

:

:

:

h. Whether appointed as the auditor of the Institute and, if so, whether a period of three years had already expired after he has ceased to be the auditor of the Institute, along with dates of appointment and cessation as auditor;
i. If the period under (h) has not yet expired, the date on which it shall expire
j. Details of past and present membership of the Council including the Office of the President and/or Vice-President of the Institute
k. Whether holding a post under the Central or State Government as per Section 9 (3) of the Company Secretaries Act, 1980
l. The candidate may provide at his option the information concerning the candidate in respect of the following::

a) Academic qualifications (diplomas including post qualification diploma(s) and degrees recognised by Government/Council and membership of professional bodies recognized by the Council);

b) Merit awards (limited upto first three positions) in the examinations of recognised universities and the examinations conducted by the Institute;

c) Particulars of occupation:-

a. Employment (designation with name of present employer)

b. Practice (sole proprietor or in partnership including the name of the firm)

c. Particulars of other occupation/

engagement, if not covered by (i) and (ii) above;

(d) Past and present membership of Regional Councils and Managing Committees of Chapters of Regional Councils and office of Chairman, Vice-Chairman, Secretary and/or Treasurer in the case of Regional Councils and/or Chapters of Regional Councils.

Signature

VERIFICATION

I,……………………………………. FCS …………………………………. do hereby verify that the information provided in the foregoing statement are true and correct to the best of my knowledge and belief and nothing relevant has been concealed thereof.

Verified on this……………………… day of………………………………….. 2022.

Signature

ANNEXURE-IV

DECLARATION

(To be annexed in original, to each of the Nomination Form for election to the Council / Regional Council of the Institute of Company Secretaries of India).

I,    FCS No……………………………………… has filed nomination to contest election-2022, to the Council/ Regional Council of ICSI. I declare that I am having following Mobile Number(s), e-mail ID(s) / User ID(s) and Accounts on Social Media Website / Platform / Blogs / App.

1.

2.

…………………………..

I also declare that I am not having any other Mobile Number(s), e-mail ID(s) / User ID(s) and Accounts on Social Media Website / Platform / Blogs / App., other than mentioned above.

I undertake to inform the Returning Officer in writing within 24 hours, in case I use another mobile number(s), e-mail ID(s) / User ID(s) and accounts on Social Media Website / Platform / Blogs / App. during the election period i.e. till the date of declaration of result of election.

Signature of the Candidate
Name in Full
Membership No.
Address as per voter list
Mobile No. 1. _________________

2. _________________

……………………..

E-Mail Id 1. _________________

2. _________________

……………………..

Date …………….day of ……………….., 2022

ANNEXURE V

Format for providing the expenses incurred by the candidate for election to the Council/Regional Councils

[To be submitted within fifteen days of issue of notification under Rule 36]

The Returning Officer

The Institute of Company Secretaries of India

ICSI House

22, Institutional Area, Lodi Road

New Delhi – 110 003

Dear Sir,

Re: Filing of account of expenses incurred for election to the Council/Regional Councils.

In accordance with the provisions of Rule 41 of the Company Secretaries (Election to the Council) Rules, 2006, I, __________________________________________, a candidate for election to the Council/Regional Council from ___________________ India Regional Constituency, hereby file an account of expenses incurred by me in connection with the election to the Council/Regional Council of the Institute held in December, 2022.

Sl.
No
Item of Expenditure Amount (Rs.)
1 Total Cost of Stationery including paper purchased for printing circular/manifesto, Visiting Cards/Pamphlets/ Hand-out/Letters and the like.
2 Total Printing cost (excluding stationery cost as above).
3 Total cost of vehicle used
4 Total Travel cost (including cost of air travel, train, bus, etc.)
5 Total cost of stay, food etc.
6 Total cost of Postage/Courier.
7 Total cost of Telephone, Mobile, SMS, Fax, E-mail and the like.
8 Total cost of any other items not covered by the above. (Please specify the names of items also)
9 Other expenses ( Please specify)
10 Total (1 to 9)

I have noted that the ceiling fixed by the Council under Rule 41 of the Company Secretaries (Election to the Council) Rules, 2006 on election expenses (in aggregate under all possible heads)______________ . Further, I have not incurred any expenditure as a candidate for the election other than those stated in the statement above.

I declare that the aforesaid statement of expenses is true to the best of my knowledge and belief.

Yours faithfully,

(Signature of the Candidate)

Place :

Date :

Name :________________

Membership No:_________

Address :______________

E-mail:

Mobile No.:

ANNEXURE VI

FORM OF APPLICATION SEEKING PERMISSION TO VOTE BY POST

Returning Officer

The Institute of Company Secretaries of India

ICSI House,

22, Institutional Area, Lodi Road

New Delhi 110 003

Dear Sir,

Subject: ICSI Elections 2022

I hereby apply for permission to vote by post under Rule 28 of the Company Secretaries (Election to the Council) Rules, 2006 and give below the necessary particulars:

1.

Full Name
2. Membership No.
3. Serial No. in the list of voters, if known
4. Serial No. and address of the polling booth allotted
5. Reason for seeking permission to vote by post
(a)  there has been a permanent change in my professional address* from the address published in the list of voters to another place beyond a radius of 30 kilometres from the polling booth allotted to me as given below:

(*duly certified by an authorized person of the organization where the member is employed.)

(b)  I am suffering from a permanent infirmity **, details/particulars of which are given below on account of which I shall not be able to exercise my vote on the date of election at the polling booth allotted to me.

Details of Permanent Infirmity

(**The application in this case must be supported by a certificate from a medical practitioner, not below the rank of a surgeon in any Government Hospital, confirming such permanent infirmity.)

6. Address as mentioned in 5(a) above or residential address in records of the Institute, to which the voting papers should be sent:

VERIFICATION

I declare that the particulars given above are correct to the best of my knowledge and belief.

Date:

Place:

Signature of the Member

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