Section 7 in The Company Secretaries (Election to the Council) Rules, 2006
7. Members eligible to stand for election.
- Subject to other provisions of these Rules, a member who is a fellow on the fist day of April of the financial year in which an election is to take place and whose name continues to be borne on the Register on the last date of scrutiny of nominations under sub-rule (2) of rule 4, shall be eligible to stand for election to the Council from the regional constituency in which he is eligible to vote:Provided that no person shall be eligible to stand for election to the Council, if(a)he has been found guilty of any professional or other misconduct and his name is removed from the register or he has been awarded penalty of fine as provided in proviso to clause (a) of sub-section (2) of Section 9 of the Act;(b)he is holding a post under the Central or State Government as provided in sub-section (3) of Section 9 of the Act;(c)he has been auditor of the Institute during the last three year as provided in sub-section (4) of Section 9 of the Act;(d)he has held the office for more than two consecutive terms as provided in first proviso to Section 10 of the Act; or(e)he has been elected as President under sub-section (1) of Section 12 of the Act as provided in second proviso to Section 10 of the Act.For the purpose of this rule-(i)the penalties awarded to a person before coming into force of the Company Secretaries (Amendment) Act, 2006 or penalties awarded to a person after coming into force of the Company Secretaries (Amendment) Act, 2006 for offences committed before the coming into force of the same, shall also be taken account for the purpose of attracting disqualification under clause (a) of the proviso above.(ii)a person drawing salary from the Consolidated Fund of India or the Consolidated Fund of a State, as the case may be, or from any body corporate or any organization where the Central Government or the state government own individually or jointly a majority stake, shall be deemed to be a person holding a post under the Central Government or the State Government, as the case may be, for the purpose of attracting of disqualification under clause (b) of the proviso above.(iii)for a person who has been the auditor of the Institute before coming into force of the Company Secretaries (Amendment) Act, 2006, the three year period limitation provided under Sub-section (4) of Section 9 of the Act shall also include the period between his ceasing to be an auditor and the coming into force of the Company Secretaries (Amendment) Act, 2006.(iv)the number of term(s) of Office held by a person as a member of the Council either under clause (a) or under clause (b) or partly under clause (a) and partly under clause (b) of sub-section (2) of Section 9 of the Act, prior to coming into force of the Company Secretaries (Amendment) Act, 2006, shall not be taken into account for reckoning of the two consecutive terms for the purpose of disqualification under clause (d) of the proviso above.(v)the holding of the office of the President of the Institute of sub-section (1) of Section 12 of the Act, prior to coming into force of the Company Secretaries (Amendment) Act, 2006, shall also be taken into account for the purpose of attracting disqualification under clause (e) of the proviso above.
