The Institute of Company Secretaries of India (ICSI), represented by President CS Pawan G. Chandak, submitted a representation dated July 16, 2026, to Shri Devendra Kumar Rai, Joint Secretary (Telecom), Department of Telecommunications. The representation requests the inclusion of Company Secretaries in Practice for issuing Compliance Certificates under Regulation 13 of the Telecommunications (Authorisation for Provision of Principal Telecommunication Services) Rules, 2026, notified on June 23, 2026. ICSI notes that while the Draft Telecommunications Rules dated September 5, 2025, under Regulation 16(1) and (2) recognised Practicing Company Secretaries to issue compliance certificates, this recognition was omitted from Regulation 13 of the final Rules, which currently only authorizes auditors appointed under the Companies Act, 2013. ICSI requests restoring this recognition, highlighting Company Secretaries’ expertise in governance, regulatory compliance, and statutory reporting under frameworks including the Companies Act, 2013 (Section 204 Secretarial Audit and Section 92 Annual Return certification), SEBI, RBI, IBBI, and IFSCA. ICSI asserts that this inclusion will expand professional availability, facilitate timely compliance, reduce costs, align with original regulatory intent, and enhance corporate governance under the Telecommunications Act, 2023.
Institute of Company Secretaries of India
CS Pawan G. Chandak
PRESIDENT
G&CL: TEL: JUL:01/2026 | Dated: July 16, 2026
Shri Devendra Kumar Rai
Joint Secretary (Telecom)
Department of Telecommunications
Ministry of Communications
Government of India
Respected Sir,
Subject: Representation for inclusion of Company Secretaries in Practice for issuance of Compliance Certificate under the Telecommunications (Authorisation for Provision of Principal Telecommunication Services) Rules, 2026
Greetings from the Institute of Company Secretaries of India!
The Institute of Company Secretaries of India (ICSI), constituted under the Company Secretaries Act, 1980, is the statutory professional body entrusted with the regulation and development of the profession of Company Secretaries in India. The Institute has consistently supported the Government and regulatory authorities in strengthening the compliance ecosystem by ensuring greater transparency, accountability and adherence to statutory requirements.
At the outset, the Institute commends the Department of Telecommunications for notifying the Telecommunications (Authorisation for Provision of Principal Telecommunication Services) Rules, 2026 on 23 June 2026. The Rules constitute a progressive regulatory framework for the implementation of the Telecommunications Act, 2023 and reflect the Government’s continued emphasis on promoting transparency, accountability, regulatory compliance and ease of doing business in the telecommunications sector.
The Institute wishes to draw your kind attention to Draft Telecommunications (Authorisation for Provision of Main Telecommunication Services) Rules, 2025 rolled out dated 5th September 2025, which had recognised Company Secretaries in Practice under Regulation 16 (1) and (2) relating to Reporting and Disclosure Requirements for issuance of the prescribed Compliance Certificate, the said recognition has not been retained in the final Rules. Regulation 16 of the draft rules reads as under:
“(1) An authorised entity shall submit to the Central Government by 15th January of every year:
(a) details of its Indian and foreign equity holders, both direct and indirect, as of 1st January of that year;
(b) compliance report regarding foreign direct investment pursuant to sub-rule (2) of rule 8; and
(c) compliance report regarding beneficial interest in another authorised entity pursuant to rule 15;
in the form and manner as may be specified on the portal for this purpose along with a certification by its statutory auditor appointed in accordance with Companies Act, 2013 or a practicing company secretary, confirming the same.
(2) An authorised entity shall submit to the Central Government by 15th January of every year, a compliance report on minimum paid up equity capital requirement, as of 1st January of that year, in the form and manner as may be specified on the portal for this purpose along with a certification by the company secretary or its statutory auditor appointed in accordance with Companies Act, 2013, confirming the same, countersigned by the duly authorised director of such authorised entity:
Provided that the Central Government may exempt authorised entities, having a turnover not exceeding an amount as may be specified by the Central Government, from the requirement of such submission”.
ICSI Submission:
The extract of Regulation 13 “Reporting and Disclosures” of recently notified rules states that
(1) Every new authorised entity shall—
(a) submit the following to the Central Government every year, on such date and accompanied by a certificate by its auditor appointed under the Companies Act, 2013 (18 of 2013), in such form and manner as specified on the portal, certifying—
(i) the details of its Indian and foreign equity, both direct and indirect;
(ii) the details of persons having control over it; and
(iii) compliance with rules 11 and 12:
Provided that the Central Government may exempt new authorised entities that have turnover not exceeding such amount as may be specified on the portal from the requirement to make such submission.
In view of aforesaid and considering the statutory role & established expertise of Company Secretaries in Practice in compliance certification, the Institute respectfully requests that the said provision be restored by expressly including Company Secretaries in Practice amongst the professionals authorised to issue the prescribed Compliance Certificate, in the Regulation 13 of the notified Rules.
Justification:
Company Secretaries in Practice possess specialised knowledge in corporate laws, commercial laws, governance, regulatory compliances and statutory reporting. Certification and independent verification of legal compliances constitute one of the principal functions of the profession. The competence of Company Secretaries in Practice has been recognised by Parliament and various Ministries and regulatory authorities through numerous legislative and regulatory frameworks. Under the Companies Act, 2013, Company Secretaries in Practice are authorised to conduct Secretarial Audit under Section 204, issue Annual Return certification under Section 92, certify various e-forms and compliances, and undertake several other statutory certification assignments. Similarly, the SEBI has recognised Company Secretaries in Practice for issuing compliance certificates, conducting secretarial audits and certifying compliances under various SEBI Regulations. RBI Regulations, Insolvency and Bankruptcy Board of India Regulations, IFSCA Regulations and several other statutory regulators have also recognised Company Secretaries in Practice for carrying out certification, audit, compliance and reporting assignments under their respective regulatory frameworks.
The inclusion of Company Secretaries in Practice would broaden the availability of competent professionals, facilitate timely regulatory compliance by authorised entities across the country, reduce compliance costs and further the Government’s commitment towards Ease of Doing Business while simultaneously strengthening regulatory oversight and corporate governance within the telecommunications sector.
Restoring the said recognition in the final Rules would therefore be consistent with the original regulatory intent and would enable optimum utilisation of a well-established cadre of statutory compliance professionals in supporting the effective implementation of the Telecommunications Act, 2023.
We shall be happy to provide any further information or clarification that may be desired in this regard.
Thanking you
Yours faithfully
(CS Pawan G. Chandak)
President
The Institute of Company Secretaries of India
