CS Manish, a Company Secretary in practice is an expert in Goods and Service Tax. On being approached by a reputed University at Mumbai, Manish took up teaching assignment of indirect tax laws at University from 11 A.M.

Clause (10) of Part I of the First Schedule to Company Secretaries Act, 1980 stipulates that a Company Secretary in Practice shall be deemed to be guilty of professional misconduct, if "he engages in any business or occupation other than the profession of Company Secretary unless permitted by the Council so to engage." Regulation 168(1) of the Company Secretaries Regulations, 1982 provides that the prior permission of the Council by a resolution is required for a Company Secretary to engage in any business or occupation other than the profession of Company Secretary. The Council has expressly permitted a PCS to take up following vocations: Authoring Books and Articles; Holding of Life Insurance Agency License for the limited purpose of getting renewal commission; Holding of public elective offices such as M.P., M.L.A., M.L.C. and others; Honorary office-bearership of charitable, educational or other non-commercial organisations. Acting as Justice of Peace, Special Executive Magistrate and the like; Teaching assignment under the Coaching section/department of the Institute and other Institutes such as the Institute of Cost & Works Accountants of India, the Institute of Chartered Accountants of India, Management Institutes, Universities and any college affiliated to a University and such other organization as may be recognised by the Council of the Institute from time to time, so long as the hours during which a member in practice is so engaged in teaching do not exceed average three hours in a day irrespective of the manner in which such assignment is described or the remuneration receivable (whether by way of fixed amount or on the basis of any time scale or in any other manner) by the member in practice for such assignment. Here CS Manish, a Company Secretary in Practice, an expert in Goods & Service Tax on being approached by a reputed university at Mumbai, took up teaching assignment of indirect tax laws at the university from 11 A.M. to 3 P.M. on every Tuesday and 2 P.M. to 5 P.M. on every Friday which comes to seven hours for two days. The average hours per day exceed three hours. The fact that remuneration was contracted to be fixed for the assignment and that the university was recognised by the Council of ICSI for imparting teaching will not help CS Manish. In view of the above Manish has committed professional misconduct in terms of provisions of Company Secretaries Act, 1980.