A complaint of professional misconduct is filed with ICSI against Swapan, a practising member. The Disciplinary Committee of ICSI is of the opinion that Swapan is guilty of professional misconduct mentioned in the Second

As per section 21B(3) of the Company Secretaries Act, 1980 where the Disciplinary Committee is of the opinion that a member is guilty of professional or other misconduct as mentioned in the Second Schedule or both the First Schedule and the Second Schedule to the Company Secretaries Act, 1980, it shall afford to the member an opportunity of being heard before making any order against him and may thereafter take any one or more of the following actions, namely: Reprimand the member; Remove the name of the member from the Register permanently or for such period, as it thinks fit; Impose such fine as it may think fit, which may extend to ₹ 5 Lakhs. Applying above provisions to Swapan, a practising member, the order for permanent removal of name from Register of members is valid but fine can be imposed maximum upto ₹ 5 Lakhs. As per section 21A(3) of the Company Secretaries Act, 1980 Where the Board of Discipline is of the opinion that a member is guilty of professional or other misconduct mentioned in the First Schedule to the Company Secretaries Act, 1980, it shall afford to the member an opportunity of being heard before making any order against him and may thereafter take any one or more of the following actions, namely: reprimand the member; remove the name of the member from the Register up to a period of 3 months; impose such fine as it may think fit which may extend to ₹ 1 lakh.