What will be the views and actions taken by the Disciplinary Directorate of ICSI on receipt of any information or complaint on arriving at a prima facie opinion on the occurrence of the alleged misconduct and where the D
CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · June 2024
What will be the views and actions taken by the Disciplinary Directorate of ICSI on receipt of any information or complaint on arriving at a prima facie opinion on the occurrence of the alleged misconduct and where the Director (Discipline) is of the opinion that a member is guilty of any professional or other misconduct mentioned in the: (a) First Schedule and (b) Second Schedule or in both the Schedules. Also specify before whom the matter will be placed in both the cases.
Answer & Explanation:
The Disciplinary Directorate of ICSI on receipt of any information or complaint arrive at a prima facie opinion on the occurrence of the alleged misconduct and where the Director (Discipline) is of the opinion that a member is guilty of any professional or other misconduct mentioned in the First Schedule, the matter is placed before the Board of Discipline and where the Director (Discipline) is of the opinion that a member is guilty of any professional or other misconduct mentioned in the Second Schedule or in both the Schedules, the matter is placed before the Disciplinary Committee of ICSI. In other words, if the Director (Discipline) is of the view that: Misconduct mentioned in The matter is placed before First Schedule Board of Discipline Second Schedule Disciplinary Committee (a) Matters placed before the Board of Discipline: Where the board is of the opinion that a member is guilty of a professional or other misconduct mentioned in the First Schedule, it provides 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 three months; impose such fine as it may think fit which may extend to ₹1 lakh. (b) Matters placed before the Disciplinary Committee: Where the Disciplinary Committee is of the opinion that a member is guilty of a professional or other misconduct mentioned in the Second Schedule or both the First Schedule and the Second Schedule, it affords 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.
Topics: Professional Ethics
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