As per Companies Act, if the Certification of Annual Return U/Section 92 is wrongly certified by the Company Secretary, state the consequences he has to face. Describe the action taken by Disciplinary Committee of the IC

Under Section 92(6) of the Companies Act, 2013, if a company secretary in practice certifies the annual return otherwise than in conformity with the requirements of this section or the rules made thereunder, he shall be liable to a penalty of ₹2,00,000. A Practicing Company Secretary will be liable for disciplinary action under Clause 7 of Part I of the Second Schedule to the Company Secretaries Act, 1980 by the Disciplinary Committee of the ICSI under the provisions of the Company Secretaries Act, 1980. Further, Section 448 of Companies Act, 2013 also imposes a penalty if any return, report, certificate, financial statement, prospectus, statement or any other document makes a false statement or omits any material fact. Further, Company Secretary in practice may also attract the provisions of Section 447, sections 448 and 449 of the Companies Act, 2013. MCA vide its circular no. 10/2014 dated 07.05.2014 has clarified that Regional director/ ROC would initiate action under section 448 and 449 of the Act in the cases of submitting false or misleading or incorrect information. Further, the cases U/s 448 and 449 of the Companies Act, 2013, may also be referred to the concerned Institute for conducting disciplinary proceedings against the errant member and the MCA may debar the concerned professional from filing any document on the MCA portal in future.