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Volume No.

XXIV
Student Company Secretary ISSN 0972-2874
October 2007

10
EDITORIAL CENTRAL COUNCIL ANNUAL SUBSCRIPTION Rs. 50
ADVISORY BOARD MEMBERS SINGLE COPY Rs. 5.00
Chairman President
Edited, printed and published by
S. Balasubramanian Preeti Malhotra(Ms.)
N.K. Jain for the Institute of
Vice-President
Members Company Secretaries of India,
Keyoor Bakshi
(In alphabetical order) 'ICSI House', 22, Institutional
Ajit Yadav Members Area, Lodi Road,
Brahm Avatar Agrawal(Dr.) (In alphabetical order) New Delhi - 110003
Girish Ahuja(Dr.) Ananthasubramanian S N Phone : 24617321-24,
G.P. Agrawal Anil Kumar Murarka 24644431-32, 41504444
G R Bhatia Ashok Chandra Grams : Compsec
Lalit Bhasin Biswa Behari Chatterjee Fax : 91-11-24626727
M S Sahoo Ghanshyam Dass E-mail : info@icsi.edu
Narayanaswamy T V Hanumanta Raju Datla Website : http://www.icsi.edu
Nesar Ahmad Harish Kumar Vaid Printed at Daily Tej Pvt. Ltd.
Pradeep Kumar Mittal Lalit Bhasin 8-B, Bahadurshah Zafar Marg,
Raj Kumar Agarwal (Dr.) Narasimhan B New Delhi
RakeshChandra Nesar Ahmad Phone : 42225134, 42225111
Renu Budhiraja(Ms.) Milind B Kasodekar The Institute is not in anyway
S K Verma(Dr. Mrs.) Pradeep Kumar Mittal responsible for the result of
Sanjay Grover S R Bansal any action taken on the basis
Sanjeev Kumar (Dr.) Sanjay Grover of the advertisements
V K. Agarwal Sridharan R published in this Bulletin.
Sudhir Babu C
Editor & Publisher Vinayak S Khanvalkar
N. K. Jain Y S Malik
Secretary & Chief
Executive Officer
N.K. Jain

HIGHLIGHTS
H I G H L I G H T S

l From the President 03


l Academic Guidance 05
l Legal World 28
l Student Services 31
List of First 25 Rank Holders in CS June'07 Exams. 38
l News and Announcements 42
l Students Quiz 45
l Schedules of SMTPs/ADPs/TOPs 46
l Empanelment of Pvt. Coaching Centre for conducting CS Classes 48

Student Company Secretary 1 October 2007


Training Orientation Programme

As per Company Secretaries Regulations, 1982 (amended the significance and methodology of training, business
from time-to-time) every student apart from passing the final environment, corporate culture, communication and
examination of the Institute is also required to possess the behavioural aspects. Keeping in view the above factors, the
practical experience and undergo practical training or be Council of the Institute has decided that students requiring to
exempted therefrom before becoming eligible to the Associate undergo training should compulsorily attend five days Training
Membership of the Institute. Students who do not possess Orientation Programme (TOP) before they are sponsored for
practical experience are required to undergo compulsorily 15 training. It has also been decided that henceforth students
months Management/Apprenticeship training. will be sponsored for training in the companies or with company
Most of the students commencing training are not aware of secretaries in practice as per the following schedule.

Activities Session1 Session 2 Session 3 Session - 4


Registration of students January 1 to March 01 to June 01 to September 01 to
for 15 months Training January 10 March 10 June 10 September 10
Organisation of TOP January 15 to March 15 to June 15 to September 15 to
January 24 March 24 June 24 September 24
Campus Interview January 25 to March 25 to June 25 to September 25 to
January 31 March 31 June 30 September 30
Commencement of February 01 April 01 July 01 October 01
Training Onwards Onwards Onwards Onwards
Completion of April 30* June 30* September 30* December 31*
Training Next Year Next Year Next Year Next Year
* If the student avails extra leave, the training will be extended accordingly.
Training Orientation Programme is a part of the 10. Usefulness of reading newspapers
Management/Apprenticeship training and is based on Guru 11. Self-assessment
Shishya Parampara. Training Orientation Programme will not SWOT analysis
only expose the students to the business environment and Career prospects
corporate functioning but would also help them in acquiring
Personality
the desired skill and confidence.
12. Writing of curriculum vitae
The Regional Councils will organize the Training Orientation
Programme from 15th to 24th of the four fixed months i.e. 13. Interview Techniques
January, March, June & September. 14. Career Planning
For effective interaction and participation, not more than 15. Computer-Internet/E-mail
40 students would be enrolled in each TOP. A fee of Rs. 400/ 16. File management
- per participant will be charged. 17. Organisation structure, role and functioning of Competition
The following topics will be included in the programme : Commission of India, CLB/NCLT, ROC, Stock Exchange,
SEBI, RBI, DRT
1. Importance of Training
18. Usefulness of Professional Development Programmes.
2. Personality Development- Dress Code & How to carry
oneself 19. Code of Conduct
20. Future Prospects
3. Time Management
For helping the students to identify Companies or Company
4. Meaning of Professionals
Secretaries in practice for undergoing training, the Regional
5. Office Culture Councils would also arrange Campus Interviews, immediately
6. Communication Skill on conclusion of each TOP for on-the-spot selection of
Writing ability candidates. Such Campus Interviews will be organized during
Drafting of letters the four fixed months from March 25 to 31; June 25 to 30;
Speaking ability September 25 to 30 and January 25 to 31.
All students intending to commence Management/
7. Group discussion, Drafting of Minutes, Notices,
Apprenticeship training are advised to contact the respective
Resolutions etc.
Regional Councils for enrolling themselves for TOP. Only on
8. How to qualify professional examination successful completion of TOP, students would be sponsored
9. Managing under crisis for training by the Institute.

Student Company Secretary 2 October 2007


From The President

It is wiser to lead than to push, to request than to demand, to


suggest than to insist, to inspire than to compel, to motivate
than to manipulate.
William Arthur Ward

Dear students,
At the outset, accept my sincere greetings and best wishes for the festival season.
May the festivals kindle within you the indomitable desire to excel in the pursuit you are
engaged in. As is rightly perceived, life is a continuous festivity. This festivity intensifies
into immeasurable happiness as you pursue your learning incessantly, insatiably and
intensely. As students of a professional course, your enthusiasm should multiply as you
learn more and more, disseminate your knowledge and excel in your skills on various fronts. Look forward to a
successful career path and prepare well for the forthcoming December examinations. To be fully equipped to face
the examinations with confidence and composure, i advise you to start and pursue your preparation in the right
earnest. Being the students of this professional Institute, you should have a sense of pride aiming at achieving
excellence in whatever work you undertake. It must be your endeavour to throw your heart and soul into it and try to
achieve high standards of excellence.
The changing global environment is full of challenges and if you surf the changing scenario using the knowledge
acquired by you as the tool, you can turn these challenges into opportunities. We are witnessing an era of knowledge
and intellect, where innovation is the key for the production and processing of knowledge. You are the master
architect of your professional career and to remain competitive in the global market place, you have to be on the
learning curve and continuously move up keeping track of legislative reforms and technical developments,
understanding their impact on your duties and responsibilities, and successfully emerging as professionals par
excellence. Always remember winner never quits and a quitter never wins.
A detailed write-up containing observations on the examinees performance in June 2007 examinations based on
examiners comments is published in this issue. These observations would help you to know about your deficiencies
and drawbacks in the previous examinations so that you take care not to repeat the same mistakes. You would also
understand the level of knowledge expected from the students while writing answers to the questions.
Company Secretaries should increase value of corporates while keeping the value system intact. This was the
core communication of the 35th National Convention on the theme Excellence Through Business Value Addition
which was organised on September 20-22, 2007 at B M Birla Auditorium, Jaipur. The Convention was inaugurated
by Shri Prem Chand Gupta, Honble Union Minister of Corporate Affairs. Indicating that the new company law would
provide greater opportunities for professionals like Company Secretaries, he expressed the view that a simple and
business like version of company law would provide the required flexibility, much awaited dynamism and new life of
self regulation to the corporate world. The Honble Minister appreciated the role of ICSI in providing expert knowledge
and support to the Ministry of Corporate Affairs in matters of corporate governance; more specifically in evolving
areas like new company law, limited liability partnership law and e-governance. The quality of knowledge and
expertise provided by the ICSI had created bondage of trust and faith between the two, said the Minister.
Shri Anurag Goel, Secretary, Ministry of Corporate Affairs stated about the legislative reforms process initiated by
the Ministry in the area of company law and limited liability partnership law and observed that with the reforms in the
regulatory framework and the service delivery systems, it was now the responsibility of the corporate professionals
to spearhead this reform movement. He suggested that the professionals like Company Secretaries could weave
the threads of enterprise, knowledge, experience, idea and tasks into a fabric and take the country to excellence in
all spheres.
Dr. Prabha Thakhur, Member of Parliament in her special address emphasized that a Company Secretary should
balance the interests of various stakeholders viz. shareholders, creditors, customers, government and the public at
Student Company Secretary 3 October 2007
From The President
large as they strove to carry forward the corporates, adding that the professionals played a much greater role in
building a strong nation.
In his Key Note Address, Dr. B K Modi, Chairman, MCorp Global, emphasised brand building urging Company
Secretaries to devise strategies to brand the profession to play a global role. Dr. Modi envisioned that Company
Secretaries would play the role as strategic managers in leading Indian corporates go global.
The following publications were released at the Convention namely- Secretarial Standard on Minutes (SS-5);
Secretarial Standard on Transmission of Shares and Debentures (SS-6); Guidance Note on Corporate Governance
Certificate (Revised Edition); Prohibition of Insider Trading - Law and Procedure. A comprehensive compact disc
containing all the Secretarial Standards released so far and a CD Rom containing all issues of Chartered Secretary
upto July 2007 were also released at the National Convention. The students may purchase the books for their use.
Friends, I am pleased to inform you that the Institute entered into a Memorandum of Understanding (MOU) with
BSE Training Institute (BTI) on September 12, 2007 to facilitate holding of training programmes for students as well
as for members on themes of topical and professional interest, and to regularly exchange resources which may be
of mutual interest. The MOU would also enable the extended help and co-operation in developing curriculum of
academic and continuing education programmes and to exchange faculties. I am sure, this MOU would provide the
right platform to Company Secretaries to further build their capacities and sharpen skills to meet the challenges of
the transforming capital markets.
The Institute will be celebrating its Foundation Day this year on Tuesday, October 30, 2007 at New Delhi. The
celebrations will be marked by an address by Honble Minister of Railways Shri Lalu Prasad Yadav on Excellence
Through Turnaround Strategy. Turnaround is essential in the life of every organization and in the life of each profession.
A renewal is possible only through a turnaround. The trigger for a turnaround may not be a likeable experience or
situation. But it can be looked upon as a blessing in disguise, a challenge that will modernize the outlook and
change the mindset; and who would be a better speaker on the topic than Shri Lalu Prasad who brought about a
miracle in the finances and profitability of Indian Railways and who now adorns the corridors of management
pedagogies of international repute as a coveted faculty. Honble Union Minister of Corporate Affairs Shri Prem
Chand Gupta has agreed to be the Guest of Honor for the function. I urge upon you to attend this programme and
learn a lot as you also have to lay the foundation of your future in the profession.
I conclude by stating that utilize your time effectively. Most of the times we take it for granted that there is always
plenty of time. Due to this perhaps we indulge in various activities, which are a wholesale waste of time. As you
observe, the clock always keeps on ticking. So be like the clock. Always keep on ticking by involving yourself in
various things and learning new things. These small knowledge and experience modules will perhaps one day take
you to your bigger goal some day. The great French Marshall Lyautey once asked his gardener to plant a tree. The
gardener objected that the tree was slow growing and would not reach maturity for 100 years. The Marshall replied,
In that case, there is no time to lose; plant it this afternoon!

With best wishes,

Yours sincerely,

New Delhi (PREETI MALHOTRA)


October 11, 2007 president@icsi.edu
Student Company Secretary 4 October 2007
Academic Guidance
l Right to make a sound recording or visual recording of the
ACADEMIC GUIDANCE performance;
l Right to reproduce the sound recording or visual recording
INTERMEDIATE COURSE of the performance;
l Right to broadcast the performance;
ECONOMIC LABOUR & INDUSTRIAL LAWS l Right to communicate the performance to the public other-
ISSUES RELATING TO COPYRIGHT
RELATING wise than by broadcast.
58. What is the term of protection of performer's rights?
LAW AND ITS ENFORCEMENT1
LAW Performer's rights subsist for 25 years.
Part-A pertaining to issues relating to Copyright Law and its 59. What are the rights of a performer in a cinematograph
Enforcement has been covered in the September 2007 Issue of the film?
Student Company Secretary Bulletin. Part-B is published in this Issue Once a performer has consented for incorporation of his
for the information of students. performance in a cinematograph film, he shall have no more
PART-B performer's rights to that performance.
52. Are there special courts for copyright? BROADCASTER'S RIGHTS
No. There are no special courts for copyright cases. The regular 60. What is a broadcast?
courts try these cases. There is a Copyright Board to adjudicate certain "Broadcast" means communication to the public:
cases pertaining to copyright. l by any means of wireless diffusion, whether in any one or
53. What are the powers of Copyright Board? more of the forms of signs, sounds or visual images; or
The Copyright Act provides for a quasi-judicial body called the l by wire.
Copyright Board consisting of a Chairman and two or more, but not 61. What are the rights of a broadcasting organization?
exceeding fourteen, other members for adjudicating certain kinds of The rights of a broadcasting organization with reference to a
copyright cases. The Chairman of the Board is of the level of a judge broadcast are :
of a High Court. The Board has the power to: l right to re-broadcast the broadcast;
i. hear appeals against the orders of the Registrar of Copyright; l right to cause the broadcast to be heard or seen by the pub-
ii. hear applications for rectification of entries in the Register of lic on payment of any charges;
Copyrights; l right to make any sound recording or visual recording of the
iii. adjudicate upon disputes on assignment of copyright; broadcast;
iv. grant compulsory licences to publish or republish works (in l right to make any reproduction of such sound recording or
certain circumstances); visual recording where such initial recording was done with-
v. grant compulsory licence to produce and publish a transla- out licence or, where it was licensed, for any purpose not
tion of a literary or dramatic work in any language after a envisaged by such licence; and
period of seven years from the first publication of the work; l right to sell or hire to the public, or offer for such sale or hire,
vi. hear and decide disputes as to whether a work has been any sound recording or visual recording of the broadcast.
published or about the date of publication or about the term 62. What is the term of protection of broadcaster's rights?
of copyright of a work in another country; The term of protection for broadcaster's rights is 25 years.
vii. fix rates of royalties in respect of sound recordings under FOREIGN WORKS
the cover-version provision; and 63. Is copyright of foreign works protected in India?
viii. fix the resale share right in original copies of a painting, a Yes. Copyrights of works of the countries mentioned in the
sculpture or a drawing and of original manuscripts of a literary International Copyright Order are protected in India, as if such works
or dramatic or musical work. are Indian works.
54. Has the Registrar of Copyrights any judicial powers? 64. Does copyright subsist in a foreign work?
Yes. The Registrar of Copyrights has the powers of a civil court Copyright of nationals of countries who are members of the Berne
when trying a suit under the Code of Civil Procedure in respect of the Convention for the Protection of Literary and Artistic Works, Universal
following matters, namely, Copyright Convention and the TRIPS Agreement are protected in India
a. summoning and enforcing the attendance of any person and through the International Copyright Order.
examining him on oath; 65. Which are the international copyright conventions of
b. requiring the discovery and production of any document; which India is a member?
c. receiving evidence on affidavit; Copyright as provided by the Indian Copyright Act is valid only
d. issuing commissions for the examination of witnesses or within the borders of the country. To secure protection to Indian works
documents; in foreign countries, India has become a member of the following
e. requisitioning any public record or copy thereof from any international conventions on copyright and neighbouring (related) rights:
court or office; i. Berne Convention for the Protection of Literary and Artistic
f. any other matters which may be prescribed. works.
PERFORMER'S RIGHTS ii. Universal Copyright Convention.
55. Who is a performer? iii. Convention for the Protection of Producers of Phonograms
As per the Indian Copyright Act, a "Performer" includes an actor, singer, against Unauthorised Duplication of their Phonograms.
musician, dancer, acrobat, juggler, conjurer, snake charmer, a person iv. Multilateral Convention for the Avoidance of Double Taxa-
delivering a lecture or any other person who makes a performance. tion of Copyright Royalties.
56. What is a performance? v. Trade Related Aspects of Intellectual Property Rights (TRIPS)
"Performance" in relation to performer's right, means any visual or Agreement.
acoustic presentation made live by one or more performers. COLLECTIVE ADMINISTRATION OF COPYRIGHTS
57. What are the rights of a performer? 66. What is collective administration of copyright?
A performer has the following rights in his/her performance: Collective administration of copyright is a concept where
management and protection of copyright in works are undertook by a
1. Compiled by Archana Kaul, Assistant Director, The ICSI. society of owners of such works. Obviously no owner of copyright in
Source: The Ministry of Human Resource Development Publication. any work can keep track of all the uses others make of his work.

Student Company Secretary 5 October 2007


Academic Guidance
When he becomes a member of a national copyright society, that i. Making infringing copies for sale or hire or selling or letting
society, because of its organisational facilities and strength, is able to them for hire;
keep a better vigil over the uses made of that work throughout the ii. Permitting any place for the performance of works in public
country and collect due royalties from the users of those works. where such performance constitutes infringement of copyright;
Because of the country's membership in international conventions, iii. Distributing infringing copies for the purpose of trade or to
the copyright societies are able to have reciprocal agreements with such an extent so as to affect prejudicially the interest of the
similar societies in other countries for collecting royalties for the uses owner of copyright ;
of Indian works in those countries. From this it can automatically be
iv. Public exhibition of infringing copies by way of trade; and
inferred that it will be in the interests of copyright owners to join a
collective administration organisation to ensure better protection to v. Importation of infringing copies into India.
the copyright in their works and for reaping optimum economic benefits 75. Has the owner of an auditorium or a hall any liability
from their creations. Users of different types of works also find it easy while renting out the place for communication to the
to obtain licences for legal exploitation of the works in question, though public of a copyrighted work?
the collective administrative society. Yes. If a person permits for profit any place to be used for the
67. What is a copyright society? communication of a work to the public, where such communication
A copyright society is a registered collective administration society. constitutes an infringement of the copyright in the work, unless he was
Such a society is formed by copyright owners. The minimum not aware and had no reasonable ground for believing that such
membership required for registration of a society is seven. Ordinarily, communication to the public would be an infringement of copyright, he
only one society is registered to do business in respect of the same will be deemed to have committed an offence under the Copyright Act.
class of work. A copyright society can issue or grant licences in respect 76. What are the civil remedies for copyright
of any work in which copyright subsists or in respect of any other right infringement?
given by the Copyright Act. A copyright owner can take legal action against any person who
68. What are the functions of a copyright society? infringes the copyright in the work. The copyright owner is entitled to
A copyright society may: remedies by way of injunctions, damages and accounts.
i. Issue licences in respect of the rights administered by the 77. Which is the court having jurisdiction over civil
society. remedies in copyright cases?
ii. Collect fees in pursuance of such licences. The District Court concerned has the jurisdiction in civil suits
iii. Distribute such fees among owners of copyright after making regarding copyright infringement.
deductions for the administrative expenses. 78. What is the proof of the authorship of a work?
69. Are there any registered copyright societies in India? Where, in the case of a literary, dramatic, musical or artistic work,
Yes. The following are the registered copyright societies in India: a name purporting to be that of the author or the publisher appears on
i. Society for Copyright Regulation of Indian Producers for Film copies of the work as published, or, in the case of an artistic work
and Television (SCRIPT) 135 Continental Building, Dr. A.B. appeared on the work where it was made, the person whose name so
Road, Worli, Mumbai 400 018, (for cinematograph and televi- appears or appeared shall, in any proceeding in respect of copyright
sion films). in such work, be presumed, unless the contrary is proved, to be the
ii. The Indian Performing Right Society Limited (IPRS), 208, author or the publisher of the work, as the case may be.
Golden Chambers, 2nd Floor, New Andheri Link Road, Andheri 79. What are the rights of owner over infringing copies
(W), Mumbai- 400 058 (for musical works). and equipments used for making infringing copies?
iii. Phonographic Performance Limited (PPL) Flame Proof Equip- All infringing copies of any work in which copyright subsists and all
ment Building, B.39, Off New Link Road, Andheri (West), plates used or intended to be used for the production of such infringing
Mumbai 400 053 (for sound recordings). copies shall be deemed to be the property of the owner of the copyright.
70. Is it necessary to obtain licences from more than 80. What are the remedies in the case of groundless
one society for exploitation of a work? threat to legal proceedings?
In many cases, it is necessary to obtain licences from more than Where any person claiming to be the owner of copyright in any
one society. For example, playing of the sound recording of music work, by circulars, advertisements or otherwise, threatens any other
may involve obtaining a licence from the IPRS for the public person with any legal proceedings or liability in respect of an alleged
performance of the music as well as a licence from the PPL for playing infringement of copyright, any person aggrieved thereby may institute
the records, if these societies have the particular work in their repertoire. a declaratory suit that the alleged infringement to which the threats
MORAL RIGHTS related was not in fact an infringement of any legal rights of the person
71. What are the moral rights of an author? making such threats and may in any such suit -
The author of a work has the right to claim authorship of the work a. obtain an injunction against the continuance of such threats;
and to restrain or claim damages in respect of any distortion, mutilation, and
modification or other acts in relation to the said work which is done b. recover such damages, if any, as he has sustained by rea-
before the expiration of the term of copyright if such distortion, son of such threats.
mutilation, modification or other act would be prejudicial to his honour
81. Is copyright infringement a criminal offence?
or reputation. Moral rights are available to the authors even after the
economic rights are assigned. Yes. Any person who knowingly infringes or abets the infringement
72. Do the author's moral rights remain after assignment of the copyright in any work commits criminal offence under Section
of copyright? 63 of the Copyright Act.
Yes. The moral rights are independent of the author's copyright 82. What are the punishments for a criminal offence
and remains with him even after assignment of the copyright. under the copyright law?
73. Will failure to display a work infringe the moral rights The minimum punishment for infringement of copyright is
of an author? imprisonment for six months with the minimum fine of Rs. 50,000/-. In
No. Failure to display a work or to display it to the satisfaction of the case of a second and subsequent conviction the minimum
the author shall not be deemed to be an infringement of the moral punishment is imprisonment for one year and fine of Rs. one lakh.
rights of the author. 83. Is copyright infringement a cognizable offence?
COPYRIGHT INFRINGEMENTS Any police officer, not below the rank of a sub inspector, may, if he
74. Which are the common copyright infringements? is satisfied that an offence in respect of the infringement of copyright
The following are some of the commonly known acts involving in any work has been, is being, or is likely to be committed, seize
infringement of copyright: without warrant, all copies of the work and all plates used for the

Student Company Secretary 6 October 2007


Academic Guidance
purpose of making infringing copies of the work, wherever found, and II. WEBSITE FOR INVESTOR EDUCATION
EDUCATION
all copies and plates so seized shall, as soon as practicable be
produced before a magistrate. AND PROTECTION FUND LAUNCHED
84. How are the seized infringing copies or plates
Financial literacy allows the investors to fully appreciate
disposed off?
opportunities and associated risks, take informed decisions and
The Court may order delivery to the owner of the copyright all such participate actively in the economic growth story of the country by
copies or plates. converting savings into investments. Ministry of Corporate Affairs
85. Who is responsible for copyright offence committed (MCA) has set up the Investor Education and Protection Fund (IEPF)
by a company? with the dedicated purpose of empowering investors through education
Every person who at the time the offence was committed was in and awareness building.
charge of, and was responsible to the company for, the conduct of the To achieve this objective, MCA on 27 th September, 2007
business of the company, as well as the company shall be deemed to launched a website for Investor Education and Protection Fund
be guilty of such offence and shall be liable to be proceeded against. (IEPF) viz. iepf.gov.in.
86. Which court can try copyright offence cases? It would provide information about IEPF and the various activities
No court inferior to that of a Metropolitan Magistrate or a Judicial that have been undertaken/ funded by it. It would also provide
Magistrate of the first class shall try any offence under the Copyright Act. information relevant for investors, including about various instruments
87. Can a police officer seize infringing goods without for investment, regulatory system and grievance redressal mechanism.
warrant? Public Service Websites Sponsored and Aided by IEPF
Yes. A police officer not below the rank of sub inspector can seize Two other public service websites are sponsored and aided by Investor
without warrant all infringing copies of the work. Education and Protection Fund of the Ministry of Corporate Affairs, namely
watchoutinvestors.com and www. investorhelpline.in.
COMPANY LAW PAPERS (INTER/ FINAL)2 watchoutinvestors.com has been created to provide information to
I. SECRET ARIAL STANDARDS, SS-5 & the investors in respect of unscrupulous entities who have committed
SECRETARIAL STANDARDS, frauds or who have not been complying with the economic laws of the
SS-6 ISSUED BY THE INSTITUTE [3] land. Many of these entities keep reappearing to harm the investors again,
often with a new company or changed company names or by floating
Secretarial Standard on Minutes (SS-5) and Secretarial Standard new schemes, taking advantage of short public memory and exploiting
on Transmission of Shares and Debentures (SS-6) have been issued greed. This website intends to prevent such entities from harming investors.
by the Institute of Company Secretaries of India, effective from 20th
September, 2007. In the initial years, adherence by a company to A free of charge, single dedicated portal to handle investor
these Secretarial Standards is recommendatory. In all, six Secretarial grievances, www.investorhelpline.in has been created with the primary
Standards have been issued by the Institute till date. These six objective of assisting investors free of charge, in redressal of their
Secretarial Standards are listed below: grievances. It provides a facility, to the investors, to lodge their grievance
on the website itself. Once the grievance is accepted on-line, helpline
Secretarial Standard on Meetings of the Board of Directors
(SS-1) will process, forward and follow-it-up with the concerned entity/authority
for redressal. Registered user would be able to track the progress and
Secretarial Standard on General Meetings (SS-2)
status of his/her grievance on website. Specific Forms have been
Secretarial Standard on Dividend (SS-3) identified for different types of grievances.
Secretarial Standard on Registers and Records (SS-4)
Secretarial Standard on Minutes (SS-5) III. CHANGES IN COMPANY LA W
Secretarial Standard on Transmission of Shares and
COMPANY LAW
Debentures (SS-6) SINCE SEPTEMBER, 2006
Secretarial Standard on Minutes (SS-5)
Students appearing in Company Law, Company Secretarial Practice
The minutes of a meeting should contain a fair and correct summary and Advance Company Law And Practice (to the extent of topics
of the discussions and decisions taken at the meeting. Realizing the covered in the Syllabus) Papers of Intermediate and Final Examination
diverse practices prevalent in this respect, the Institute has issued the may take note of the following changes in the Companies Act, 1956
Secretarial Standard on Minutes (SS-5).
and the rules thereon, made by the Ministry of Corporate Affairs and
The Secretarial Standard prescribes a set of guidelines for
applicable for December 2007 Examination.
maintaining, recording, signing, dating, inspecting & preserving such
minutes so as to ensure that the minutes record the true proceedings A. MINISTRY OF COMPANY AFFAIRS RENAMED
of the meetings and are accessible for future reference. The Ministry of Company Affairs has been renamed as the
Secretarial Standard on Transmission of Shares and Debentures Ministry of Corporate Affairs vide Presidential Notification dated
(SS-6) the 9th May 2007 amending the Government of India (Allocation of
Realizing the divergent practices involved in the transmission of Business) Rules, 1961.
shares and debentures and the difficulties faced by both the companies B. ROLE CHECK UNDER MCA-21
and the investors, the Institute has issued the Secretarial Standard As a further step towards improving e-governance, an initiative of
on Transmission of Shares and Debentures (SS-6). Role Check has been taken by Ministry of Corporate Affairs. MCA plans
The Secretarial Standard lays down principles in relation to the to implement role check at the time of filing of eforms and has been
documentation, verification of legal claimants in case of physically made mandatory from July 01, 2007. Under the role check, the system
and electronically held shares as well as smooth functioning of the shall verify whether the signature on the e-form filed, is of an authorised
process. The Standard inter alia deals with situations where shares signatory of the company. Role check can be performed only after the
are singly or jointly held, nominee has been appointed, shareholder
authorized signatories have registered their Digital signature certificates
has died intestate etc.
(DSC) with MCA. This implies that at the time of filing of e-forms, if the
The above Secretarial Standards are available on the website of
e-form is not digitally signed by authorised person, then it shall not be
the Institute www.icsi.edu
accepted on MCA21 portal. The check shall be performed for:
2. Prepared by Ruchi Singhal, Education Officer under the guidance of Alka Director
Kapoor, Deputy Director, The ICSI. Authorised Signatory (Manager/Secretary)
3. Students should note that SS-5 & SS-6 are not applicable for December 2007
Practising Professional
Examinations.

Student Company Secretary 7 October 2007


Academic Guidance
C. CLARIFICATION REGARDING DIGITAL SIGNATURE of receipt of DIN. Where DIN has been allotted to a Director by the
CERTIFICATES OF PRACTISING PROFESSIONALS Central Government before the commencement of these Rules, the
A practising professional can also become a director of a company. concerned Director should, in such a case also, intimate the same to
Such professional requires a digital signature for signing any form as the company in Form No. DIN-2. Such intimation
a Company Secretary in practice. If he signs any document as a director should be given within 30 days of the coming into effect of the
of a company on MCA portal, he is also required to acquire a digital Companies (Director Identification Number) Rules, 2006.
signature certificate (DSC). A clarification is given by the Ministry of Every company is required to furnish details of DIN within one week
Corporate Affairs in this regard that practising professionals also serving of the receipt of information from the Directors to the Registrar of
as directors of companies, do not require multiple DSCs for their Companies in Form No. DIN-3 duly certified by a Company Secretary
different roles. Their existing DSC can be registered multiple times on in full time employment of the concerned company or by a Company
the MCA Portal under the appropriate roles (Practising Professional/ Secretary in practice along with fees as prescribed under Schedule X
Director) that they discharge. of the Act. However, companies furnishing details of DIN
D. COMPANIES (DIRECTOR IDENTIFICATION NUMBER) on or before June 30, 2007 shall be exempted from payment of fees.
RULES, 2006 In the event of any change in the particulars of any Director as
The Central Government has, pursuant to the provisions of sections stated by him/her in Form No. DIN-1, the Director concerned shall
266A, 266B & 266E of the Companies Act, 1956, notified intimate such change to the Central Government in Form No. DIN-4
the Companies (Director Identification Number) Rules, 2006, vide within a period of 30 days of the change. This form is to be filed
Notification No. G.S.R.649(E) dated October 19, 2006. These rules physically, duly signed along with copy of proof of changed particulars
have come into force from November 01, 2006. duly certified. The certification can be done by any of the authorities
authorized to certify proof of identity and proof of residence for purposes
The salient features of the Companies (Director Identification of Form No. DIN-1. The concerned Director will also intimate such
Number) Rules, 2006 (hereinafter referred to as Rules) are as under: change to the company or companies where he is Director. No fees is
Every individual who is an existing Director or intends to be payable with Form No. DIN-4.
appointed as Director of a Company, is required to apply for Director The Central Government shall after due verification of changed
Identification Number (DIN) in Form No. DIN-1. particulars from the enclosed proofs,incorporate the said changes and
This application is to be made electronically through the portal on inform the director by way of a letter issued by post or electronically
the website of the Ministry on which Form No. DIN-1 can be accessed. or in any other mode confirming the effect of such change in the
A provisional DIN is generated by the system, which remains valid for electronic data-base maintained by the Ministry.
a period of sixty days. The applicant is then required to make a formal These Rules and the relevant forms i.e. DIN, DIN 2, DIN 3 and
application to the Central Government for allotment of regular DIN DIN 4, are available on the website of Ministry of Company Affairs
within sixty days from the date on which provisional DIN is generated. www.mca.gov.in.
For making the application, printout of Form No. DIN-1 is to be taken
out, the photograph of the Director concerned is to be affixed in the E. THE COMPANIES (AMENDMENT) REGULATIONS, 2006
space provided, true copies of proof of identity and proof of residence In exercise of the powers conferred by sub-sections (5) and (8) of
are to be enclosed and the form is to be physically signed in the space section 25 and sub-section (2) of section 609 read with sub-section
provided. The photograph along with copies of proof of identity and (2) of section 610A of the Companies Act, 1956 (1 of 1956), the Central
proof of residence are to be duly certified by any one of the following Government vide notifications no. GSR 157(E) dated 16.03.2006,
authorities: GSR 497(E) dated 21.08.2006 and GSR No. 556(E) dated 14.9.2006
a) Gazetted Officer of the Central or State Government; issued The Companies (Amendment) Regulations, 2006, The
Companies (Second Amendment) Regulations, 2006 and the
b) Notary Public; Companies (Third Amendment) Regulations, 2006 respectively.
c) Chartered Accountant, Company Secretary, Cost & Works Ac- According to these amendment regulations the applications/
countant holding a certificate of Practice documents/notices required to be sent under these regulations may be
d) Company Secretary in full time employment of the concerned sent in electronic manner. Any certificate/licence/receipt required to e
company given by Registrar of Companies may be given in electronic manner.
The application is then to be submitted to the Central Government Every document which is required to be registered with Registrar
[presently, MCA DIN Cell, PDIL Bhawan, Sector-1, A-14, Noida, Uttar of Companies may be given in electronic manner.
Pradesh-201301] alongwith a fee of Rs.100/-. However, applications Every document which is required to be registered with Registrar
made before June 30, 2007 are exempted from payment of fees. of Companies must bear valid digital signatures and should have unique
Individuals who have obtained provisional DIN prior to the number assigned to the document. The regulations provide validity to
notification of the Rules, are allowed a period of sixty days from the online inspection facility.
date of notification of the Rules to make an application to the Central The regulations provide that :-
Government for allotment of regular DIN.
1. after Part E, the following shall be added, namely : -
The Central Government shall process the applications and
PART F
communicate approval or rejection thereof within a period of one month
from the receipt of such application. DIN allotted to individual(s) by Application, documents, licence, etc in the electronic manner.
the Central Government before the commencement of these Rules 27. Any application or document or notice or declaration or state-
shall be deemed to have been allotted under these Rules. ment required to be made or filed or furnished or sent or given,
The DIN allotted to a Director is valid for the life-time of such Director as the case may be, by any person under these regulations may
and shall not be allotted to any other person during his life-time. also be made or filed or furnished or sent or given, as the case
A Director is required to intimate his DIN to the company or all may be, in the electronic manner :
companies wherein he is Director, in Form No. DIN-2, within one month Provided that the provisions of this regulation shall not be applicable

Student Company Secretary 8 October 2007


Academic Guidance
to the provisions of regulations 10 and 11 of Part C of these regulations. (a) of sub-section (1) of section 610 of the Act.
28. Any certificate, licence, receipt or endorsement required to be F. THE COMPANIES (ELECTRONIC FILING AND
given or granted or made or signed or acknowledged, as the case AUTHENTICATION OF DOCUMENTS) RULES, 2006
may be, by Regional Director or Registrar of Companies, may [Issued by the Ministry of Company Affairs, Published in the Gazette
also be given or granted or made or signed or acknowledged, as of India, Extraordinary, Part II, Section 3(i), vide GSR No. 557(E) dated
the case may be, in the electronic manner. 14.9.2006.]
29. Any document required or authorised to be registered, recorded In exercise of the powers conferred by clause (a) of sub-section
or filed by or with the Registrar of Companies under these (1) of sections 642 and 610B read with sections 610A and 610E of the
regulations may be registered, recorded or filed by him in the Companies Act, 1956 (1 of 1956), the Central Government hereby
electronic manner, subject to the compliance of the requirement makes the following rules, namely,
of regulation 18 of Part E of these regulations. 1. Short Title and Commencement
30. The register or index required to be maintained by the Registrar (1) These rules may be called the Companies (Electronic Filing and
of Companies pursuant to these regulations may also be Authentication of Documents) Rules, 2006.
maintained in electronic manner.
(2) The Central Government hereby appoints the 16th day of Sep-
31. The inspection of documents registered, recorded or filed tember, 2006 as the date on which the provisions of these rules
with Registrar of Companies may also be made in electronic shall come into force.
manner through payment of fee in a manner as may be
2. Definitions
prescribed..
In these rules, unless the context otherwise requires,
2. for regulation 19, the following shall be substituted, namely :
(a) Act means the Companies Act, 1956 (1 of 1956) ;
19(1) The following particulars shall be endorsed and maintained elec-
tronically or otherwise on every document registered, recorded (b) Certifying Authority means a person who has been granted
or filed with the Registrar : a licence to issue a Digital Signature Certificate under sec-
tion 24 of the Information Technology Act, 2000 (21 of 2000);
(i the number assigned to the company in the Register of Com-
panies maintained by Registrar in pursuance of subregulation (c) digital signature means authentication of any electronic
(1) of regulation 21 ; record by a subscriber by means of an electronic method or
procedure in accordance with the provisions of Section 3 of
(ii) a unique number assigned to the document ; and
the Information Technology Act, 2000 ;
(iii) the date on which it is registered, recorded or filed.
(d) Digital Signature Certificate means a Digital Signature Cer-
(2) Every endorsement referred to in sub-regulation (1) shall tificate issued under sub-section (4) of section 35 of the In-
either formation Technology Act, 2000 ;
(i) be signed by the Registrar, and in such case, shall bear his (e) e-Form means a form in the electronic form as prescribed
official seal ; or under the Act or rules made thereunder and notified by the
(ii) be authenticated through a valid digital signature generated Central Government under the Act ;
by computer system, in case of electronic documents. (f) electronic record means, electronic record as defined un-
(3) If the endorsement aforesaid cannot be conveniently entered into der clause (t) of Section 2 of the Information Technology
on the document itself, Act, 2000 ;
(a) in the case of a physical document, it shall be made on a (g) electronic registry means an electronic repository or stor-
separate sheet which shall be attached to the document with age system in which the information or documents are re-
a note regarding such attachment being made on the docu- ceived, stored, protected and preserved in electronic form ;
ment in question and signed by registrar;
(h) Electronic Mail (e-mail) means messages sent, received
(b) in the case of an electronic document, such endorsement or forwarded in digital form via a computer-based communi-
be authenticated through a valid digital signature generated cation mechanism ;
by computer system.
(i) Registrar means a registrar as defined under sub-section
3.(i) for regulation 25, the following shall be substituted, (40) of section 2 of the Companies Act, 1956 ;
namely:
(j) Registrars Front Office means an office maintained by the
25. (1) Any person who wishes to inspect a document registered, Central Government or an agency authorised by it to facili-
recorded or filed by or with the Registrar in pursuance of the Act, shall tate efiling of documents into the electronic registry and their
apply to him for the purpose alongwith fee prescribed in that behalf inspection and viewing ;
under clause (a) of sub-section (1) of section 610 of the Act.
(k) web means the world wide web, as defined in the Informa-
(2) The applicant shall be allowed to inspect the document, which do tion Technology Act, 2000;
not form part of the electronic registry, only in presence of the
Registrar or of a person authorised by him in this behalf, and only (l) website means a location connected to the Internet that
during office hours. maintains one or more web pages ;
(ii) for regulation 31, the following shall be substituted, (m) words and expressions used in these rules and not defined
shall have the meaning respectively assigned to them in the
namely : Companies Act, 1956 and the Information Technology Act,
31 The documents registered, recorded or filed with the Registrar 2000 (21 of 2000).
electronically or documents which have been scanned and digitized 3. Filing and Authentication in the Electronic manner
and form a part of the electronic registry shall be available for inspection
only in electronic manner on payment of fee as prescribed under clause (1) Every e-form or application or document or declaration re-

Student Company Secretary 9 October 2007


Academic Guidance
quired to be filed or delivered under the Act and rules made issue such certificate, licence, receipt, or communicate endorsement,
thereunder, shall be filed in computer readable electronic acknowledgement or approval in the physical form under manual
form, in portable document format (pdf) and authenticated signature affixing seal of his office.
by a managing director, director or secretary or person speci- G. INVESTOR EDUCATION AND PROTECTION FUND
fied in the Act for such purpose by the use of a valid digital (AWARENESS AND PROTECTION OF INVESTORS)
signature: AMENDMENT RULES, 2007
Provided that where documents are required to be filed on Non- Notification No. G.S.R. 93(E) Dated 20-2-2007 Issued by Ministry
Judicial Stamp Paper, the company shall submit such documents of Company Affairs. In exercise of the powers conferred by clauses
accordingly in the physical form, in addition to their submission in (a) and (b) of sub-section (1) of section 642 read with sub-section (3)
electronic form. of section 205C of the Companies Act, 1956 (1 of 1956), the Central
(2) Every managing director, director or secretary or person Government hereby makes the following amendment further to amend
specified in the Act for authentication of e-form, documents the Investor Education and Protection Fund (Awareness and Protection
or application, etc., which are required to be filed or delivered of Investors) Rules, 2001, namely:
under the Act or rules made thereunder, shall obtain a digital 1. (1) These rules may be called the Investor Education and Pro-
signature certificate from the Certifying Authority for the tection Fund (Awareness and Protection of Investors)
purpose of such authentication and such certificate shall not Amendment Rules, 2007.
be valid unless it is of Class II or Class III specification under
(2) They shall come into force on the date of their publication in
the Information Technology Act, 2000.
the OfficialGazette.
4. Maintenance of Website 2. In the Investor Education and Protection Fund (Awareness and
The Central Government shall set up and maintain Protection of Investors) Rules, 2001, in rule 7, in sub-rule (1),
clause (f), shall be re-lettered as clause (g) thereof, and before
(i) a website or portal to provide access to the electronic registry;
clause (g) as so re-lettered, the following clause shall be inserted,
and,
namely:
(ii) as many Registrars Front Offices as may be necessary and "(f) Proposals for setting up of institutional arrangements or
at such places and for such time as Central Government infrastructure for taking up programmes; projects and action plans
may determine from time to time, for filing of application e- keeping in view the objectives and expenditure relating thereto,
Forms, documents and applications, etc., viewing and including research and training activities.
inspection of documents in the electronic registry.
H. AMENDMENT TO COMPANIES (ISSUE OF INDIAN
5. Maintenance of Electronic Registry DEPOSITORY RECEIPTS) RULES, 2004.
(1) The Central Government, shall set up and maintain a secure [Issued by the Ministry of Corporate Affairs, Published in the
electronic egistry in which all the documents filed Gazette of India Extraordinary Part II, Section 3(i), vide GSR No.
electronically shall be stored. The electronic registry so set 480(E) dated 11.07.2007]
up shall enable public access and inspection of such In exercise of powers conferred by clause (a) of sub-section (1) of
documents as are required to be in the public domain under section 642 read with section 605A of the Companies Act, 1956, the
the Act on payment of the fees as prescribed under the Act Central Government hereby makes the following rules further to amend
or the rules made thereunder. the Companies (Issue of Indian Depository Receipts) Rules, 2004,
(2) Every document or application or certificate or notice, etc., namely:-
required to be signed by the Registrar or an officer of the 1. (1) These Rules may be called the Companies (Issue of Indian
Central Government under the Act or rules made thereunder, Depository Receipts) (Amendment) Rules, 2007;
shall be authenticated through a valid digital signature of
(2) They shall come into force from the date of their notification
such person or a system generated digital signature. in the Official Gazette.
(3) The Registrar or the Central Government, as the case may 2. In the Companies (Issue of Indian Depository Receipts) Rules,
be, may send any communication either to the company or 2004, hereinafter referred to as the principal rules, for rule 4, the
its authorized representative, directors or both in the following shall be substituted, namely:-
electronic manner for which the company shall create and
4. Without prejudice to the provisions of the Securities and Exchange
maintain at all times a valid electronic address (e.g., E-mail,
Board of India Act, 1992, an issuing company shall not issue
user identification, etc.) capable of receiving and
IDRs unless it satisfies the following conditions, namely:-
acknowledging the receipt of such communication,
automated or otherwise. (a) its pre-issue paid-up capital and free reserves are at least
US$ 50 million and it has a minimum average market capi-
6. Issue of certificate, Approval, etc. in the Electronic Manner talization (during the last 3 years) in its parent country of at
The Registrar or the Central Government shall issue certificate, least US$ 100 million;
licence, receipt, approval or communicate endorsement or (b) it has a continuous trading record or history on a stock ex-
acknowledgement in the electronic manner : change in its parent country for at least three immediately
preceding years;
Provided that where the Registrar or an officer of the Central
Government, as the case may be, is not able to issue any certificate, (c) it has a track record of distributable profits in terms of sec-
licence, receipt, endorsement, acknowledgement or approval in tion 205 of the Companies Act, 1956, for at least three out of
electronic manner for the reasons to be recorded in writing, he may immediately preceding five years;

Student Company Secretary 10 October 2007


Academic Guidance
(d) it fulfills such other eligibility criteria as may be laid down by resolution of the Board by which it was approved,
Securities and Exchange Board of India (SEBI) from time to with the SEBI and Registrar of Companies, New Delhi,
time in this behalf. before such issue:
3. In the principal rules, for rule 5, the following shall be substituted, Provided that at the time of filing of said prospectus or letter of
namely:- offer with the Registrar of Companies, New Delhi, a copy of approval
5(1)(i) No issuing company shall raise funds in India by issuing granted by SEBI and the statement of fees paid by the Issuing Company
IDRs unless it has obtained prior written approval from to SEBI shall also be attached.
SEBI on an application made in this behalf; 4. In the principal rules, in rule 6, for sub-rule (iii) the following shall
(ii)An application under clause (i) shall be made to the SEBI be substituted, namely:-
(alongwith draft prospectus or draft letter of offer) at (iii) The number of underlying equity shares offered in a finan-
least 90 days prior to the opening date of the IDRs cial year through IDR offerings shall not exceed 25 per cent
issue, in such form and furnishing such information of the post issue number of equity shares of the company.
as may be specified by SEBI from time to time, with 5. In the principal rules, in rule 7, in sub-rule (ii), after the word Reg-
a non-refundable fee of US $10,000 payable to SEBI; istrar, the words of Companies, New Delhi shall be inserted.
(iii) SEBI may, within 30 days of receipt of an application 6. In the principal rules, in rule 11, for sub-rule (ii) the following shall
under clause (ii), call for such further information, and be substituted, namely:-
explanations, as it may deem necessary, for disposal
of such application and shall dispose the application (ii) The quarterly audited results or unaudited results subjected
within 60 days of its receipt: to limited review by the auditors of the company, as the case
may be, and approved by the Board of Directors of the issu-
Provided that if within 60 days from the date of submission of ing company shall be prepared and published in the manner
application or draft prospectus or letter of offer, SEBI specifies any specified in the listing conditions.
changes to be made in the draft prospectus or letter of offer, the
prospectus or letter of offer shall not be filed with the SEBI or Registrar 7. In the principal rules, for rule 13, the following shall be substi-
of Companies unless such changes have been incorporated therein. tuted, namely:-

(iv) The issuing company shall also file with SEBI, through If an Issuing company or any other person contravenes any
a merchant banker, a due diligence report alongwith provision of these rules for which no punishment is provided in the
draft prospectus or letter of offer in the form specified Act, the issuing company shall be punishable with the fine which may
by SEBI; extend to twice the amount of the IDR issue and where the
contravention is a continuing one, with a further fine which may extend
(v) The issuing company shall on approval being granted to five thousand rupees for every day during which the contravention
by SEBI to an application under clause (ii), pay to continues and every officer of the company who is in default or such
SEBI an issue fee of half a percent of the issue value other person shall be punishable with the fine which may extend to
subject to a minimum of Rs.10 lakhs where the issue one lakh rupees and where the contravention is a continuing one, with
is upto Rs.100 crore in Indian rupees: a further fine which may extend to one thousand rupees for every day,
Provided further where the issue value exceeds Rs.100 crore, every during which such contravention continues.
additional value of issue shall be subject to a fee of 0.25 percent of the 8. In the principal rules, in the Schedule, in para 5, -
issue value.
(a) for sub-para (ii), the following shall be substituted, namely:-
(2) (i) The issuing company shall, where required, obtain
the necessary approvals or exemption from the (ii) promoters and their background.
appropriate authorities from the country of its Provided that in case there are no identifiable promoters, the names,
incorporation under the relevant laws relating to issue addresses and other particulars as may be specified by SEBI of all the
of capital; persons who hold 5% or more equity share capital of the company
(ii)The issuing company shall appoint an overseas custodian shall be disclosed.
bank, a domestic depository and a merchant banker (b) after sub-para (xi), the following shall be added, namely:-
for the purpose of issue of IDRs; (xii) The information, as may be specified by SEBI, in respect of
(iii) The issuing company shall deliver the underlying listing, trading record or history of the Issuing Company on all the
equity shares or cause them to be delivered to an stock exchanges, whether situated in its parent country or elsewhere.
Overseas Custodian Bank and the said bank shall 9. In the principal rules, in the Schedule, in para 6, in the sub-para
authorize the domestic depository to issue IDRs; (ii), for figure and word, 120 days, the figure and the word 180
(iv) The issuing company, shall obtain in-principle listing days shall be substituted.
permission from one or more stock exchanges having Jitesh Khosla; Joint Secretary
nation wide trading terminals in India;
I. REVISED E-FORM 32
(v) The issuing company may appoint underwriters
registered with SEBI to underwrite the issue of IDRs; E-Form 32 has been revised w.e.f. June 3, 2007. E-Form 32 relates
to particulars of appointment of managing director, directors, manager
(vi) The issuing company shall file a prospectus or letter and secretary and the changes among them or consent of candidate
of offer, as the case may be, certified by two to act as a managing director or director or manager or secretary of a
authorized signatories of the issuing company, one company and/ or undertaking to take and pay for qualification shares.
of whom shall be a whole-time director and other the
The revised e-Form 32 is given on the next page:
Chief Accounts Officer, stating the particulars of the
Student Company Secretary 11 October 2007
Academic Guidance

Student Company Secretary 12 October 2007


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Student Company Secretary 13 October 2007


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Student Company Secretary 14 October 2007


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J. REVISED E-FORMS 18, 21 AND 23 (1) of section 642 read with section 610B of the Companies Act, 1956
The Ministry of Corporate Affairs (MCA) has, through a notification (1 of 1956), the Central Government hereby makes the following rules
substituted e-form 18 relating to notice of situation or change of situation to amend the Companies (Central Governments) General Rules and
of registered office, e-form 21 relating to notice of the court or the Forms, 1956, namely:
company law board and e-form 23 relating to registration of resolution(s)
and agreement(s). The revised forms have been made effective from 1. (1) These rules may be called the Companies (Central Govern-
August 5, 2007, and are as given hereunder. ments) General Rules and Forms (Second Amendment) Rules
Students are advised to replace these forms at appropriate places 2007.
in their study materials. (2) These rules shall come into force from 05th August 2007.
GOVERNMENT OF INDIA
2. In the Companies (Central Governments) General Rules and Forms,
MINISTRY OF CORPORATE AFFAIRS
1956, in the Annexure- "A"
NOTIFICATION
New Delhi, the 24th July 2007.
G.S.R. 500(E). In exercise of the powers conferred by sub-section

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Student Company Secretary 21 October 2007


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EXAMINERS OBSER
OBSERVVATIONS AND 6 Banking and Insurance 38.1 43.8 5.7
Law and Practice
COMMENTS ON THE PERFORMANCE
OF EXAMINEES IN JUNE 2007 7 World Trade Organization 40.2 38.1 6.8
International Trade, Joint
EXAMINA TION*
EXAMINATION* Ventures and Foreign
Collaborations
The June 2007 session of the Company Secretary Course
Examination was held from 2nd June to 10th June 2007. The pass 8 Direct and Indirect Taxation 29.2 50.0 14.1
percentage for all papers of both Intermediate and Final Courses have Law and Practice
been compiled and given in Table A hereunder for the information of
the students. The pass percentage showed good performance by the 9 Human Resource Management 29.1 53.7 11.2
candidates in most of the papers. However, some candidates were and Industrial Relations
not able to clear the examination due to various drawbacks in their *Compiled from Examiners Report
answers. Therefore, it would be beneficial for these candidates to know
the general weakness/drawbacks in their answers. Although, it is not INTERMEDIATE COURSE
possible to give comments on each and every candidates answer 1. GENERAL AND COMMERCIAL LAWS
scripts, some common drawbacks based on the comments and
observations noted by the examiners have been gathered and given Most of the candidates in this paper were lacking in conceptual
paper-wise hereunder for information of the candidates so as to enable understanding of the subject making it obvious that they did not prepare
them to overcome their deficiencies and improve their performance in for the examination thoroughly. For the first time, multiple choice
the forthcoming examination. questions were introduced in this examination, and only those students
who had studied intensively the entire study material performed well
Table A and secured full marks. Majority of the candidates while attempting
Statement Showing the Pass Percentage of Papers in the descriptive questions neither quoted the relevant statutory
June 2007 Examination provisions nor the case law. In problem-based questions, the level of
answers was not satisfactory.
Subjects Percentage of
Candidates Secured The performance of the candidates in Question No. 1 was almost
satisfactory. Many candidates made good presentation. Question No.2
40 to 50 to 60% was not attempted up to the mark. Answer written to Question No.2 (i)
49% 59% and and 2 (iii) was not complete in large number of cases. The performance
marks of marks above of the majority in Question No. 3 was good. Most of the candidates were
INTERMEDIATE COURSE having clarity of thought and expression. Question No. 4 was attempted
by majority and their performance was satisfactory. Some displayed poor
1 General and Commercial 22.7 36.9 15.3 performance in Question No. 4(a) and 4(c). The performance in question
Laws No.5 was poor. Majority failed to give proper explanation. Question No. 6
was fairly attempted by the majority, however, in-depth analysis was found
2 Company Accounts and Cost 20.1 19.7 29.3 lacking in many cases. Questions No. 7(a) and 7(c) were well attempted.
& Management Accounting The general level of performance in Question No. 8 was not satisfactory.
3 Tax Laws 24.0 26.9 12.8 Many could not answer Question No. 8(c) properly. Answers written to
Question No. 8 (a) and 8(b) were below average.
4 Management Information 22.5 42.0 19.4 Candidates are advised to prepare seriously for the examination.
Systems and Corporate Support your answers by quoting relevant legal provisions, latest
Communication amendments and case law. Avoid irrelevancy and write precise
5 Company Law 21.6 38.0 22.6 answers. Read Student Company Secretary Bulletin, Chartered
Secretary and other professional journals to be up to date with latest
6 Company Secretarial Practice 20.2 34.6 22.3 legislative developments as well as judicial pronouncements.
7 Economic, Labour and 24.1 43.1 12.6 2. COMPANY ACCOUNTS AND COST & MANAGEMENT
Industrial Laws ACCOUNTING
Overall performance of the candidates was satisfactory especially
8 Securities Laws and 22.3 37.4 14.1 in objective type questions and practical questions. Candidates in
Regulation of Financial general showed proficiency in numerical applications but lacked clarity
Markets in conceptual aspects. Short questions were answered but the reasons
FINAL COURSE given were not specific. Candidates did not understand the importance
of working notes as many candidates had given it on the last page of
1 Advanced Company Law 31.0 50.3 8.4 the answer sheets and that too without any reference and combined
and Practice for all questions instead of as part of the answers.
2 Secretarial Practice Relating 32.2 47.5 8.5 In Question No. 1 many candidates could not give proper reasoning
to Economic Laws and Drafting for correct and incorrect statements. Many candidates were unable
& Conveyancing to differentiate between double entry system and double account
system. Some candidates even made guesswork to complete their
3 Secretarial, Management and 36.1 47.5 8.3 answers. In Question No. 2(a) many candidates failed to calculate the
Systems Audit correct number and amount of fresh issue of shares to be made on
4 Financial, Treasury and Forex 30.6 41.4 15.5 redemption of preference shares. Some candidates even forgot to
Management transfer an amount not covered by fresh issue of shares to capital
redemption reserve account from profit and loss account. In part (b),
5 Corporate Restructuring 44.5 40.2 3.2 by and large, candidates were able to fill up the blanks with appropriate
Law and Practice words. In Question No. 3(a) candidates in general were not clear
Student Company Secretary 22 October 2007
Academic Guidance
about the concept of re-insurance as conceptual clarity was lacking in paper, many candidates were lacking in-depth knowledge of basic
most of the answers. In part (b) calculation of purchase consideration technical concepts of information technology and thus they could not
was the causality. Many candidates failed to arrive at the amount of provide the correct answers to the question asked in the paper. This
goodwill correctly. Though many candidates wrote journal entries but reflects inadequate preparation for examinations, poor reading habits
failed to provide the requisite narration. In Question No. 4(a) all most of reference books and lack of proper understanding of the questions.
all candidates could correctly derive the net liability of the underwriters Candidates were also lacking applications of theoretical concepts and
whereas in part (b) calculation of capital profit, revenue profit, cost of principles to real life situations specially in case based questions.
control/goodwill, minority interest etc. were incorrect resulting which Corporate communication portion of the paper reflects lack of grip of
the consolidated balance sheet could not be prepared correctly. In the candidates on the subject along with poor expression and
Question No. 5(a) many candidates could not give logical reasoning presentation skills. The performance of Hindi medium candidates in
in a convincing manner. In part(c) reconciliation statement was prepared this paper was not satisfactory.
all most correctly. In Question No. 6(a) candidates could find out the The answers to compulsory Question No.1, on case studies
EOQ correctly but could not confine to the answer on the proposal of (System Analysis and Design) were not up to the mark. Many
2% discount on a minimum supply of 1,200 units. In part (b) preparation candidates were lacking analytical approach while answering this
of cash flow statement did not show the desired exactitude in the lines question. Candidates attempt to Question No.2 (a) on e-commerce
of Accounting Standard 3. In Question No. 7(a) on labour variances and 2(b) on true and false statements were satisfactory in most of the
analytical perception was missing as many could not recite the correct cases. However, few candidates wrote vague answers to true and
formula for calculating the different variances. By and large, in part (b) false statements and failed to support them with reasons. The answers
on the question of marginal costing candidates showed extra to theoretical Question No 3(a) on skills of System Analyst; 3(b) on
awareness in arriving at the correct solution. In Question No. 8(b) distinction between bus network and ring network, circuit switching
though candidates were able to manage the problem by analyzing and packet switching, software documentation and System
the various ratios, more reasoned approach was required for calculating documentation and artificial intelligence and expert system by most
the value of capital and reserve and surplus. of the candidates were reasonably good. Question No.4 (a) on steps
Candidates are advised to go through the study material as well as for designing a web page for Comfort Amenities Ltd.. dealing in
the suggested reading in depth and no part of the syllabus should be bathroom slippers to hotels 4(b) on MIS and 4(c) on data warehousing,
left out while preparing for the examinations. Moreover being a practical OLAP etc. were attempted by the majority of the candidates correctly.
paper more concentration should be given to practical questions to Some answers were not specific as per the requirements of the
score good marks. question. Candidates wrote what they knew rather than what was
3. TAX LAWS asked. In part-B of the paper on Corporate Communication, answers
were not well structured. Candidates were lacking analytical and logical
It was observed that many candidates lacked thorough
approach. The answers to compulsory Question No.5 (a) on true and
understanding of various provisions of Income Tax Act, 1961 and
false statement, (b) on filling up the blanks, and (c) on meaning of
Wealth Tax Act 1957. Candidates wrote answers in a casual way.
terms 'proposal' and 'report' were satisfactory. However, some
Conceptual knowledge on various terms under the Income Tax Act
candidates could not bring out structured differences between proposal
was also poor. In depth-knowledge on various matters on fundamental
and report due to their poor understanding of the terms. Candidates
concepts of Income tax to a large extent missing. Some answers given
response in application oriented Question No. 6 on case study in
by the candidates were lengthy and vague.
communication was reasonably satisfactory. Candidates attempt to
Question No.1 was mainly dealing with conceptual aspects and Question No.7 (a) on types of communication, (b) distinction on
numerical problems such as treatment of agriculture income, conversation and discussion were up to mark. Few candidates failed
calculation of HRA and Wealth Tax issues. Candidates in general were to answer correctly the portion of the question on ingredient needed to
not able to explain the concepts involved with necessary clarity. make conversation effective. The answers to Question No. 8(a) on
Question No.2 dealt with concepts of set-off and carry forward of rationale on press conference and 8 (b) on short notes were
business losses. The performance of the candidates was not satisfactory and answered by majority of the candidates.
satisfactory. Question No.3 was objective type question dealing with
some of the fundamental concepts of Income Tax under different heads There is always room for improvement in this paper. MIS portion of
answered by candidates in haphazard manner. In Question No.4, this paper being technical one, expects from the candidates thorough
reading, in-depth exposure and proper understanding of the subject. In
though attempt was made, the answers were not satisfactory especially
relating to clubbing of Income, FBT, etc. In Question No.5(b), majority corporate communication, there is need to improve presentation skill with
of candidates failed to calculate the long-term capital gains correctly correct English and logical expression. To secure good marks in this paper,
keeping in view the indexation aspect. In Question No.6, candidates candidates are advised to focus on intensive reading of reference material,
performed satisfactorily but some failed to give true implication to conceptual clarity , analytical approach and effective presentation.
concepts like, transhipment of goods and transit of goods etc. In 5. COMPANY LAW
Question No.7 (a), many examinees failed to give correct valuation of The overall performance of candidates in this paper was found to
the material for the purpose of levying duty. In Question No.8, be fairly well. As the language of law is not a fiction, it cannot be
candidates gave satisfactory answers. stretched with imagination. It defines, limits, confines, restricts and
Candidates are advised to read minutely and meticulously the compasses what is stated in law. However, this was not found in the
provisions of the relevant Acts under direct and indirect taxes. They answers given, which were more generalized and vague in nature.
should answer the questions in correct perspective. They are advised Stating the relevant section or rule and citation of leading cases in
to refer the study materials, suggested readings and Bare Acts support of the answers, was also found missing.
thoroughly. Candidates should refer various reference books to exercise Question No.1 was answered satisfactorily barring last part where
numerical problems. emphasis was laid on discussing advertisement instead of statement
4. MANAGEMENT INFORMATION SYSTEMS AND in lieu of advertisement as per the questions requirement. Question
CORPORATE COMMUNICATION No. 2 was attempted by most of the students and the performance was
The overall performance of the candidates in this paper was good. Lack of updated knowledge was evident in Question No. 3, where
satisfactory because 83.9% candidates secured 40 percent or more candidates were not aware of updated provisions of Listing Agreement
marks. This paper is divided into two parts A&B. PartA deals with under Clause 49 and also confused small depositors with small
Management Information Systems whereas Part-B deals with shareholders. In part (b) of Question No. 4, objective type questions
Corporate Communication. It was observed that in MIS portion of the were responded to very well by the candidates. However, in part (a) the

Student Company Secretary 23 October 2007


Academic Guidance
procedure of forfeiture of shares was not explained completely. Question Question No. 1 was attempted fairly well by majority of candidates.
No. 5 was answered well. However, most of the candidates could not However, some answers were found vague, lacking conceptual clarity
differentiate Reserve Capital from Capital Reserve. Question No. 6 and without reference to the relevant statutory provisions particularly
was attempted averagely by the candidates. In part (c), most of them for foreign security and registered user. Answers to Question No. 2
failed to distinguish the procedure for passing resolutions for government were written fairly well. However, some candidates could not give logical
and non-government company, and private sector. Answers to Question reasoning in the light of relevant statutory provisions and wrote very
No. 7 were fair enough. However, part (b) relating to Annual General general answers. Answers to Question No.3 (a) pertaining to distinction
Meetings lacked clarity and was not answered in accordance with the between intellectual property and industrial property, political party and
correct provisions of the Act. Answers to Question No. 8 was satisfactory an organization of political nature etc. were not upto mark. Candidates
except part (a) where amount of compensation payable to the sole- could correctly fill-up the blank with appropriate words in Question
selling agents was not given and part (c) where minority relief and No.3 (b). In Question No. 4 candidates showed lack of knowledge of
privileges were not appropriately dealt with. relevant statutory provisions of Foreign Exchange Management
In this paper, the candidates are also tested for correct and wise (Current Account Transactions) Rules, 2000 and Competition Act, 2002.
professional advises. Hence, more attention should be paid for practical Answers to Question No.5 were general in nature especially in part (ii)
application of law in writing answers, i.e. stating the law with relevant regarding power of the Central Government to prohibit receipt of Foreign
sections, citing case laws and concluding the answers with appropriate contribution. In Question No. 6 candidates wrote answers generally
decisions/advice. Candidates must also improve English language for without referring to specific provisions of Law pertaining to National
perfect expression of thought. Candidates are further advised to Environment Tribunal Act, 1995, Trade Marks Act, 1999, Environment
continuously update their knowledge by referring to the latest edition (Protection) Act, 1986 . In Question No.7 candidates could not properly
of standard text books, Chartered Secretary, Student Company explain the given cases with reference to the relevant case laws.
Secretary, guideline answers published by the Institute and other Candidates are advised to read the requirements of the question
corporate journals. very carefully and answer logically. Candidates are also required to
6. COMPANY SECRETARIAL PRACTICE support their answers with relevant case laws particularly in practical
The performance of the students in this paper was just satisfactory. questions. They should continuously update their knowledge to keep
Students were found lacking in knowledge of the relevant sections of abreast of latest developments taking place by referring to Chartered
the Companies Act, 1956 and their applicability. They failed to address Secretary, Student Company Secretary and other corporate journals.
the questions from the point of view of law. 8. SECURITIES LAWS AND REGULATION OF FINANCIAL
In Question No.1 which related to drafting of specimen resolutions MARKETS
along with necessary explanatory statements, students were not aware The overall performance of the students was just average as 73.8
of the type of the meetings and kind of resolutions to be passed. Some percent of candidates could score 40 percent or more marks. Many
of the students quoted the correct sections, however drafting skills students showed casual approach while writing answers and some of
were found to be lacking. In Question No.2, performance of the students them had not attentively read the questions while answering.
was not satisfactory. In part (a), students were found lacking in
knowledge regarding variation in members rights. Question No. 3 was The performance of candidates in Question No.1 was average.
attempted by majority of students. However, some of the students The short notes to carrot and stick bond, basket trading system,
were unable to differentiate between Compliance Officer and exchange traded funds were mostly vague and incorrect. Question
Company Secretary in part (a). Performance in answering Question No 2 was answered well except part (b) which deals with utilization of
No.3(b) was quite satisfactory. Question No. 4 was attempted by ECB was not understood by many candidates. Candidates showed
maximum number of students and performance therein was average performance to Question No.3. However the concepts of GDRs
satisfactory. Except for part (b) of Question No. 5 which related to and FCCBs issues were not clearly understood by the candidates.
scope and functions of the Secretarial Standards Board, performance The performance of the candidates to Question No 4 was satisfactory
was satisfactory. In Question No. 6(a), composition and functions of though few of the students failed to expand certain terms in question
audit committee were not highlighted by the majority of students. 4(c) especially the terms SMILE and OMO. In Question No.5 (a) on
Answers to part (b) of Question No.6 were not up to the standards. In SEBI(Mutual Fund)Regulations 1996, many candidates had not
Question No. 7, the performance of the students was satisfactory. understood the question and failed to quote relevant case laws. Many
Part(a) relating to rematerialisation of shares was answered well. candidates had given wrong answers to part(c) on function of Central
However, answer to part (b) & (c) were found to be vague. In Question Listing Authority. Candidates showed satisfactory performance to
No. 8(a) relating to statutory and non-statutory books/registers, ledger Question Nos.6 and 7. Many candidates had not written correct answers
and cash books were also mentioned as registers. In part (b) of to Question No. 8(c) regarding bidding process relating to IPO.
Question No.8 a Company Secretary in Whole-time Practice was Candidates are advised to have a conceptual knowledge and should
confused with company secretary in full time employment. In part (c) not limit themselves in reading the study materials only.
of Question No.8, relating to acceptance of deposits from friends,
relatives and associates through private placement, students were FINAL COURSE
unable to write relevant provisions. 1. ADVANCED COMPANY LAW AND PRACTICE
Drafting of resolutions needs improvement and practice. For The candidates in general showed satisfactory performance in this
practical problems, students should develop analytical approach by paper. However, some of the candidates depicted lack of in-depth
reading the various latest case laws. Students are also advised to knowledge of the subject along with practical application of the provisions
read the study material thoroughly and constantly update themselves of Company Law. Candidates also failed to supplement their answers
by referring to student company secretary, chartered secretary and with relevant sections of the Companies Act, 1956 and case laws.
other relevant journals.
Question No.1 was objective type and was well attempted by the
7. ECONMOMIC, LABOUR AND INDUSTRIAL LAWS candidates. Answers to Question No.2 were found to be reasonably
The overall performance of the candidates in this paper was just well written except that they lacked to mention the latest case laws in
satisfactory. In certain questions, candidates lacked practical application support of the answers. Question No.3 was attempted by most of the
and analytical approach. In-depth knowledge of the provisions of various candidates. The theoretical part was well answered but answers to
Acts especially Foreign Exchange Management Act, Trademarks Act, practical questions were not up to the mark, especially in part (c) relating
Foreign Contribution Regulation Act, etc. was however noticed. Many to buy-back of capital. Very few candidates attempted Question No. 4
candidates wrote answers in general manner without supporting the and those who attempted it, were not fully aware of the provisions of
answers with relevant statutory provisions and case law. Table A of Schedule I. Answers to Question No.5 were not found to

Student Company Secretary 24 October 2007


Academic Guidance
be satisfactory as most of the candidates showed poor drafting skills betterment of their performances. Students are also advised to
in relation to drafting a petition. Lack of updated knowledge was seen continuously update their knowledge through Student Company
in answers to Question No.6 as most of the candidates were unable to Secretary, Chartered Secretary and other publications of the Institute
write about MCA-21 provisions and amendments for facilitating as well as relevant journals such as Company Law Journal, SEBI and
electronic mode. Though Question No.7 was answered by majority Corporate Laws, etc.
candidates, it was attempted poorly as the answers were unclear and 4. FINANCIAL, TREASURY AND FOREX MANAGEMENT
vogue. Answers to Question No.8 were not satisfactory. Answers to
parts (b) and (d) were very general and not based on facts. The overall performance of the candidates was satisfactory as 87.5
percentage of candidates could secure 40 percent or more marks.
The candidates are advised to improve their presentation and However few answer sheets revealed that some candidates could not
drafting skills considerably. Candidates should go through the study do systematic study to score high marks.
material thoroughly in order to be conceptually clear about the subject.
Candidates are further advised to keep themselves updated by In Question No.1 candidates showed average performance, in spite
following latest cases and amendments and going through Student being a basic question about financial management. Most of the
Company Secretary, Chartered Secretary and other valuable journals. answers were explained by way of superficial knowledge and there
was absence of in-depth study. Answers to part (iv) on zero based
2. SECRETARIAL PRACTICE RELATING TO ECONOMIC budgeting, many candidates were not aware of technicalities of the
LAWS AND DRAFTING AND CONVEYANCING same. Question No. 2 was attempted by few candidates. The
The overall performance of the candidates in this paper was performance to part(a) on portfolio risk and return was not satisfactory
satisfactory. However, conceptual clarity was missing in some of the though candidates could calculate the EOQ and value of equity share
answers. Candidates many a times failed to quote relevant statutory in parts (b) and (c) respectively . Question No.3 on replacement decision
provisions and case laws to support their answers. was also attempted by very few candidates and their performance
Question No.1, being practical question, the answers were based was below average. Candidates were not clear about the impact of
on general reasoning and were not supported by relevant case laws. depreciation, implication of working capital etc. Being a theory question,
In Question No. 2 many candidates relied on guess work while the students showed average performance to Question No. 4. Question
answering FEMA regulations relating to direct investment. Candidates No.5 was not satisfactorily performed by the candidates as the practical
could perform well in Question No.3 highlighting the features of Public aspects were not highlighted in the answers. Majority of the students
Liability Insurance Act, 1991, functions of Central Electricity Authority have attempted Question No. 6 with clear understanding. Question
etc. Answers to Question No. 5 would have been strengthened by No. 7 being a question on basic aspects of financial management, the
appropriate case laws. Answers to Question No. 6 showed lack of performance of the students was good.
clarity and precision. Given terms such as indenture, habendum etc. Candidates are advised to improve upon the conceptual understanding
were explained with the general knowledge. Answers to Question No. of the subject and to update themselves of the recent developments. In
7 (a) relating to guidelines for entering into foreign collaboration respect of theory questions, students are advised not to give too short
agreements were far from being satisfactory. Candidates wrote answers. Point-wise analysis to theory questions is preferred.
imaginary details for drafting the agreement for sale of immovable
property in part (b). Similarly, poor drafting skills were noted in answer 5. CORPORATE RESTRUCTURING-LAW AND PRACTICE
to Question No.8(a) for specimen general power of attorney. The performance of the candidates in this paper was generally
Candidates can improve their performance in this paper by refining satisfactory as about 88 per cent of the candidates secured 40 per
their writing and drafting skills. The drafting skills can be improved by cent marks or above. However, improvement is required in the approach
referring to legal documents, agreements, affidavits, power of attorneys, of candidates towards practical application of theoretical concepts.
etc. and by referring to suggested readings on drafting and Question No. 1 was answered satisfactorily except part (i) where
conveyancing. Answers to problem based questions should be most of the candidates were not clear on the question of type of takeover.
supported by relevant case law. Candidates are advised to write Question No. 2 was answered very well by the majority. Question No. 3
answers keeping into account requirements of the question and not to was also dealt with in a fairly good manner. However, in part (d) relating
base their answers on guess work. to synergy and part (e) relating to strategic business alliance, the
3. SECRETARIAL, MANAGEMENT AND SYSTEMS AUDIT candidates depicted lack of clarity. Performance in answering Question
The overall performance of the students in this paper was No. 4 was average. Few candidates made chronological errors in
satisfactory. More than 90 percent of the candidates could secure 40% answering part (a) which required preparation of a checklist for demerger
or more marks. In certain questions, candidates lacked practical process. In part (b), answers lacked conceptual clarity. Answers to
application to theoretical concepts and an analytical approach. Question No. 5 showed satisfactory results. However, formulae for
In Question No. 1, though well attempted by the students, reference valuation of shares could have been added in the answers for a better
to sections/rule was not given by most of the students. The performance score. Answers to Question No. 6 were below average. Very few
of the candidates in Question No 2 was just satisfactory. Many students candidates attempted this question which was practical in nature and
had not cited case laws/sections. Question No 3 was attempted by therefore, was otherwise scoring. Question No. 7 was also attempted
very few students and their performance in this question was not up to by very few candidates. Those who attempted it, failed to give the
the mark. In Question No. 4 the performance of most of the students meaning of amalgamation as per Accounting Standard 14. Most of the
was good. The performance of the students in Question No. 5 was candidates did not answer part (ii) pertaining to turnaround strategy and
just average. Many students lacked conceptual understanding of CARO part (iv) relating to rehabilitation in question No.8.
provisions. Question No.6 was fairly attempted by the students. Candidates must develop precision in answering questions and
However, most of the students did not refer to Section 292A of the should be more specific and to the point. Candidates should build up
Companies Act and Clause 49 of the listing agreement, regarding strong fundamentals by being thorough with the study material of the
placing cost audit order received from the Government, before the Institute and developing analytical and reasoning skills. Recent case
Audit Committee and the need for Cost Auditor to attend its meeting. laws and statutory provisions wherever relevant, should be incorporated
The Question No. 7 was well attempted by the students. in the answers. Mentioning the related rules, sections, forms, competent
Students are advised to write brief and precise answers and extend authority etc. will help in securing better performance. Candidates should
their reading beyond study materials. They are advised to read SEBI update their knowledge with the latest developments taking place in the
regulations, various cases, Company Secretaries Act and Regulations, corporate restructuring arena by referring to SEBI updates, Chartered
etc. The students are advised to read the suggested readings for Secretary, Student Company Secretary and other corporate journals.

Student Company Secretary 25 October 2007


Academic Guidance
6. BANKING AND INSURANCE LAW AND PRACTICE Candidates should have clarity on various concepts in the WTO
Candidates in general lacked knowledge of the recent reforms in the Arena. Moreover, they should be abreast about the legal development
financial sector. They put irrelevant details to write lengthy answers in taking place in international scenario.
place of answering to the point. It was observed that candidates did not 8. DIRECT AND INDIRECT TAXATIONLAW AND
study the subject thoroughly to abreast themselves of the latest changes PRACTICE
and amendments taking place in the law. Most of the answers were not The performance of the candidates in this paper was just
supported by precedents and the candidates lacked clarity in expression. satisfactory, which contained both practical and theoretical questions.
Question No.1 was answered quite well by the candidates, except However, knowledge about FBT matters; custom duty, service tax,
part (iii), where the candidates were unable to answer the question etc. are far from satisfactory. The concept of Minimum Alternate Tax
relating to power of attorney in case of a joint bank account. The (MAT) was not explained with required clarity by majority of candidates.
candidates lacked reasoning ability while answering this question. In Better conceptualization of various corporate tax matters like Banking
Question No.2 except for the question relating to major reforms in Cash Transaction Tax (BCTT), Dividend Distribution Tax (DDT) etc.
banking sector on defaulting borrowers all other parts were very well needs further up gradation. Candidates were inclined to answer the
answered by the candidates. Question No.3 was attempted quite well questions in general terms relating to theoretical papers.
by the candidates. Very few attempted part (c) of the question relating In Question No.1, many candidates failed to give true implications
to considerations by banks in management of their investment portfolio to issues relating to Fringe Benefit Tax (FBT) matters, remuneration
and even those who attempted to answer this part had only a vague plan and wealth tax issues. In Question No.2, many candidates failed
idea of the same. The overall performance of the candidates in Question to give correct implication to FBT and corporate tax matters. In Question
4 was good, except part (v) as they had little or no idea about the No.3, some examinees could not give true effect to the deduction or
concept of e-purse. Question No.5 based on concepts of insurance addition available under section 115JB, dealing with MAT. In Question
law was very well attempted by the candidates except part (c) where No.4, many candidates failed to give correct interpretations to certain
majority of the candidates failed to compute the amount of claim concept, like goods under Customs Act, 1962. In Question No.5, it
correctly, all other parts were well attempted by the candidates. In was observed that the methodologies involving computation of Central
parts (d) & (e) the candidates had knowledge of the insurance industry Sales Tax and matters relating to duty on stores were not well known
and were able to present the answer to the question satisfactorily to the examinees. In Question No.6, majority of the candidates had
leading them to score good marks. Only a few candidates attempted given correct answers, but few gave wrong interpretation to Export
Question No.6, but out of those who attempted this question, a majority Oriented Unit (EOU). Many candidates lacked clear knowledge about
gave very good answers. Candidates were able to present the duties CENVAT Credit Rules. In Question No.7, candidates were not clear
and responsibilities of surveyor and loss assessor. Candidates were about Service Tax and CESTAT. In Question No.8, the performance of
comfortable answering the other parts of the question as well except the candidates was not satisfactory, in matters relating to confiscation
part (iv) of the question relating to coverage and exclusion of risks under Central Excise Rules, 2002 and appeal before CESTAT.
under the shipment policy of the Export Credit Guarantee Corporation
for which students gave lengthy answers leading to spending unjustified Candidates are therefore, advised to study relevant provisions of
time on this part. The performance of the Candidates in Question No.7 Income Tax Act, 1961, Customs Act, 1962, Central Excise Act, 1944,
was dismally poor. Candidates had no idea of the concept of actuarial etc., thoroughly and try to give precise and correct answers instead of
valuation in life insurance and could not give a satisfactory account of lengthy version.
the statutes other than the Insurance Act, 1938 which have a direct 9. HUMAN RESOURCES MANAGEMENT AND INDUSTRIAL
bearing on the general insurance business. In parts (i) and (ii) there RELATIONS
was still scope for improvement in the answers. Question No. 8 was The overall performance of the candidates in this paper was just
favourite of a majority of the candidates and they gave an above satisfactory. Performance in Part- A of the paper pertaining to Human
average performance while answering this question. The answers were Resources Management was above average. Part- B of the paper
reasonably well presented by the candidates. Part (i) of the question was poorly attempted by most of the candidates particularly the
relating to general average deposit and general average guarantee problem-based questions. Communication skills were equally poor.
was attempted by only a few candidates. The approach adopted by candidates towards this paper was casual.
This being a dynamic subject attracting many amendment/changes Question No.1 being compulsory, was attempted by all but very
in banking as well as insurance, candidates are advised to be well aware few were found impressive in answering the question. Many were
and update about the latest developments taking place in this arena. lacking in clarity and analytical skills. Question No. 2 was attempted
7. WORLD TRADE ORGANISATION-INTERNATIONAL correctly by majority. The performance in Question No. 3 was fairly
TRADE, JOINT VENTURES AND FOREIGN good. However, vague answers were written to Question No. 3(iii)
COLLABORATIONS dealing with HRMs hygiene functions. Very few attempted Question
The performance of candidates was satisfactory in this paper No. 4 and the answers written were vague. Many failed to highlight the
except, few candidates who could not display the requisite skills and emerging issues to the level of expectation. Question No. 5 was
conceptual clarity required for the subject. attempted in a casual manner. Reasoning given was not candid and
important issues were not outlined. Question No. 6 was well attempted
Overall understanding of Question No.1 was good. However, by majority. The quality of answers written was equally good. Majority
answers pertaining to jurisdiction of the Competition Commission of failed to answer Question No. 7 properly failing to deal with legality of
India, predatory pricing were found to be casual. In Question No.2(c) issues. Question No. 8 was fairly well attempted. However, Question
candidates could not answer the four modes of supply of services as No. 8 (a) was not attempted properly by many. Poor presentation of
recognized by GATS. Answers to Question No.3 were satisfactory and answers and the reasoning given was not adequate.
candidates displayed the requisite skills in explaining the role of WIPO
and features of TRIPs. Consistency in approach was missing in The candidates are advised to study seriously and avoid casual
Question No.4 while discussing WTOs contribution to world trade. approach towards the examination. Consult good textbooks on the
Answers to Question No.6 were found to be general in nature as most subject. The list of the recommended readings is given in the Study
candidates adopted casual approach while answering question on Material itself. Read Student Company Secretary Bulletin, Chartered
SEZs. Candidates performed generally well in Questions No.7 while Secretary and other professional journals to keep yourselves abreast
writing notes on the given topic. However, answers to dumping and of the latest legislative developments and judicial decisions. Quote
STP were poor in contents. Candidates could have given satisfactory relevant case law in support of your answers to secure good marks
answers to Question No.8 while answering case law based questions. and improve communication skills.

Student Company Secretary 26 October 2007


Academic Guidance
LIST OF THE INSTITUTES IMPARTING ORAL COACHING
FACILITIES TO THE CS STUDENTS APPEARING IN
FOUNDATION, INTERMEDIATE AND FINAL EXAMINATIONS
UNDER PUBLIC/PRIVATE PARTNERSHIP SCHEME In our endeavour to provide prompt and efficient services to the
student community, the overall status of all the registered students
S. Name & Address of Validity for CS Session
of the Institute has been uploaded to the website of the Institute
No. Empanelled Institutions of Examination
viz. www.icsi.edu. The information can be accessed as under:
EASTERN INDIA REGIONAL COUNCIL
 Visit the Home Page
1. Institute for Inspiration & Self December07 & June08  Click on the tab 'Overall Status' under the
Development Session of CS
1-B-200/1, Sector-III, Examinations.
Group 'Students'
Salt Lake City  Enter Full Registration Number
Kolkata-700 016  Press Tab Key
WESTERN INDIA REGIONAL COUNCIL  Wait for the name to appear on the adjacent
field
2. Career Classes December07 & June08
 Click on the tab 'Go'
303, Shalimar Corporate Center Session of CS
8, South Tukoganj Near Hotel Examinations. The students may verify the particulars contained therein viz.
Balwas Indore (M.P) Student's Name, Father's Name, Date of Birth, Qualification, Paper-
3. Institute of Management December07 & June08 wise Exemption (if any), Complete Postal Address with City, State
Training & Research Session of CS and Pin Code, Postal/Oral Coaching Status, etc. In case, they
Artha Complex, 2nd Floor Examinations. come across any discrepancy and/or need any clarification/
Near IMA House and Tapdiya additional information/service, a written request may be sent to us
Terrace, Off. Adalat Road by E-Mail as per the details given below:
Aurangabad-431 001 (M.S)
1. Query regarding Registration Status/
4. M/s Career Consultant December'07 & June'08 Issue of Study Material, etc. for
3018, Trade House, Ring Road Session of CS (a) Intermediate Course ss_reg@icsi.edu
Surat-395002 Examination. (b) Foundation Course ss_fond@icsi.edu
SOUTHERN INDIA REGIONAL COUNCIL (c) De-novo/Extension/Final Enrollment ss_post@icsi.edu
2. Query regarding non-receipt of ss_misc@icsi.edu
5. Mohans Institute of Company December07 & June08
Secretaries, Sreyas, Session of CS Registration Letter/ldentity Card/
Chettiparambil Lane Examinations. Student Company Secretary Bulietin/
Thekkumbhagam Tripunithura CS Foundation Course Bulletin, etc.
Ernakulam (Distt.) Kerala-682301 3. Query regarding paperwise exemption ss_enrol@icsi.edu
6. St. John Foundation June '08 & December '08 4. Query regarding Coaching ss_coaching@icsi.edu
Little Kingdom Montessori Session of CS Completion Certificate/Suggested
School Compund Examinations. Answers and Response Sheet status
338/3, West of Medical College 5. Query regarding issue of Admission dss@icsi.edu
Nagercoil, Kanyakumari Dt. Certificate/Roll No. for Examinations, etc.
Asaripallam-629201

CLARIFICATION REGARDING HINDI MEDIUM PROHIBITION ON CARRYING MOBILE


Queries are often being received by the Institute with regard to PHONES TO EXAMINATION VENUE
the option of medium for pursuing the Company Secretaryship
Course. Candidates intending to appear in the Company
It is clarified that the students may opt for pursuing the course Secretaries examinations may note that carrying of
in English/Hindi medium. However, the study material at present
Mobile phones, pagers or any other communication
is available in English medium only. In any case, the students
can enjoy the facility of submitting their response sheets to the devises are strictly prohibited into the premises where
test papers under the Postal Tuition Scheme in English or Hindi Company Secretaries examinations are conducted.
medium. Similarly, they can opt to write the Institutes main Candidates are, therefore, advised not to bring any
examination in English or Hindi Medium. such prohibited items to the examination venue, as
As regards writing of examination, the option is to be exercised
the Institute and/or the Examination Centre Staff shall
while filling up the examination form as and when the students
intend to appear in the examination. This option is to be exercised not be responsible for safekeeping of any such item(s).
on group wise basis and not on individual paperwise basis. Infringement of these instructions shall tentamount to
Answering to test papers and writing examination partly in adoption of unfair means and entail disciplinary action.
English and partly in Hindi medium is not permissible.

Student Company Secretary 27 October 2007


Legal World
the authorized capital of the transferee company is increased by the
LEGAL WORLD addition of the authorized capital of the transferor company in a scheme
of amalgamation.
Compiled by T.K.A. Padmanabhan, FCS, Advocate, New Delhi.
Decision: Objection partly allowed.
CORPORATE LAWS Reason: There are certain things that do not move upon merger of
a company with another and the ipso facto transfer thereupon of all
LW(S) 60.10.2007 the properties and liabilities of the transferor to the transferee. For
ASSISTANT COMMISSIONER OF INCOME-TAX v. O.L. of MINAL one, the name of the transferor is left behind. After all the transferee
OIL & INDUSTRIES LTD. [(2007) 163 TAXMAN 1(GUJ.)], M.R.SHAH, cannot have two names. The name, and the goodwill in it, of the
J. [Decided on 13.06.2006] transferor company is left with the shell, to borrow the Telesound
expression, that remains to be pronounced dead upon the dissolution
Companies Act, 1956 Sections 529, 529A and 530 - Income of the transferor company without winding up. For another, the
Tax Act, 1961- Section 178 - Tax dues of company under liquidation memorandum and articles of the transferor company or the rights of
- Whether entitled to preferential payment over the dues of secured the transferor company qua the members hereunder and the
creditors and workmen - Held, No. corresponding rights of the members of the transferor company, inter
Brief facts: the income tax department claimed priority preference se, do not vest in the transferee company. The memorandum and
of the tax dues over the secured creditors and workmen. The question articles of association of the transferor company are abandoned and
that arose for consideration was whether the tax liabilities like income- attach, meaninglessly, with the same shell that remains and is ultimately
tax has preference over the right of the secured creditors and workers declared dead. The articles of a transferor company may give it certain
insofar as the sale proceeds of the company in liquidation is concerned. rights as regards procedure in dealing with certain matters that the
Decision: Petition dismissed. Companies Act leaves a company free to choose. The articles may
give special rights to all or a class of shareholders qua the company or
Reason: Even considering the proviso to section 178(3), the Official qua other members. Such rights are not carried over by the group of
Liquidator is not debarred from making any payment to secured shareholders of a transferor company once such shareholders become
creditors, whose debts are entitled under the law to priority of payment members of the transferee company, nor can the additional rights that
over debts due to the Government on the date of liquidation. Thus, the they had thereto before enjoyed under the articles of the transferor
said provision itself provides that payment can be made to secured company, be carried forward. Such matters again attach to the useless
creditors having priority in law over the Government. Therefore, the shell that is left behind.
contention of the revenue that on notifying the claim by the Assessing
Officer under section 178(2), the Official Liquidator was required to Every company is required to pay a fee for its registration and such
set apart the amount towards tax demand out of sale proceeds of fee gives a right to the company or its shareholders through the
assets of company in liquidation and only thereafter the balance could company to carry on business. Upon the merger of a company with
be disbursed amongst other secured creditors can not be accepted. another, the registration fee paid by the transferor company, and the
If such interpretation is given, the same would be contrary to proviso rights corresponding thereto, are not carried forward to the transferee
to sub-section (3) of section 178. Under the circumstances, the company. The transferee company had already paid a fee upon its
contention of the Revenue to that effect is rejected. registration and such fee would permit it to continue its business,
receive assets under any scheme from another company or give up
Section 529A of the Companies Act has an overriding effect. The assets under any scheme to another company. The registration fee
said section makes it clear that notwithstanding anything contained in paid by the transferor company is lost to the transferor company upon
any other provision of this Act or any other law for the time being in the merger of its properties with another. There is no reason why the
force, dues of the workers and the debts due to secured creditors to fee paid for the authorized capital of a transferor company should not
the extent such debts rank under clause (c) of the proviso to sub- be similarly lost. Conceptually, there is nothing that requires the fee
section (1) of section 529 pari passu with such dues, shall be paid in paid for the authorized limit of capital to be treated on a higher pedestal
priority to all other debts. So far as the dues of the company towards than the fee paid by a company for its registration. If the one can be
the tax liabilities are concerned, the same would come within the lost upon merger and dissolution, so can the other.
purview of section 530(1) (a) of the Companies Act, and would be
subject to the provisions of section 529A of the Companies Act and What is commercially known as merger of one company into another
the said dues are to be paid in priority to all other debts subject to the is; legally speaking, the merger of the properties and liabilities of the
provisions of section 529A of the Companies Act. Therefore, first the transferor company with the transferee company. Companies do not
amount realized is to be disbursed to the creditors, as mentioned under merge, their assets and liabilities may. The shell of the transferor
section 529A of the Companies Act and they would have a preferential company is left behind to be ultimately discarded. The shell retains
payments. Therefore, also considering section 529A and 530(a) of the the name of the transferor company, its memorandum and articles,
Companies Act read with proviso to section 178(3) of the Act, the and the right relating to fees of such nature as may have been paid by
workmens dues and the debts due to secured creditors to the extent the transferor company, under Schedule X to the Act. There may be
such debts rank under clause(c) of the proviso to sub-section (1) of other matters that could be left behind, but which need not be gone
section 529 will have a pari passu and shall be paid in priority to all into in the context of the present proceedings.
other debts. Therefore, the contention of the revenue that the dues of Just as the objects clause of the transferor company does not get
the department would have a priority over the secured creditors cannot added to the objects clause of the transferee company upon
be accepted. amalgamation, so will the authorized capital of the transferor company
LW(S) 61.10.2007 not attach to the authorized capital of the transferee company upon
the merger? Such right to increase its paid up capital to its authorized
AREVA T & D INDIA LTD., IN RE [(2007) 138 Comp Cas 834 (Cal)], limit, is a right unique to each company and incapable of being
Sanjib Banerjee J [Decided on 05.07. 2007] transferred; just as the fee paid for registration of a company is also
Companies Act, 1956 - Sections 391 to 394 - Amalgamation of incapable of being transferred. It is not necessary that every company
companies - Merger of authorized capital - Whether occurs - Held, that pays a high fee to have an ambitious authorized capital expends
No. Whether registration fee has to be paid to the RoC for the such right by increasing the paid up capital to the authorized limit.
increase of Transferee Companys authorized capital - Held, Yes. The company may choose not to do so and the company may legally
Brief facts: Facts are immaterial. The important issue raised in die, without any merger, without ever having taken, any step for its
the case was whether registration fee has to be paid to the RoC when paid up capital to match its authorized capital. There can be no goodwill

Student Company Secretary 28 October 2007


Legal World
attached to such a right, if it be one. It is not a property at all that is was referred to arbitration and an award was passed in favour of the
covered by the definition found in section 394(4) (a) of the Act. respondent in Michigan. The appellant filed a civil suit in India
When a scheme seeks the merger of the authorized capital of a challenging the above award. The trial court dismissed the suit.
transferor company into that of the transferee, there is neither any Appellant appealed to the High court.
merger sought nor is any merger of such kind possible. It is, indeed, a Decision: Appeal dismissed.
term of the scheme or an application to the court sanctioning the Reason: When the parties expressly agree, conferring jurisdiction
scheme for an increase in the authorized capital of the transferee on any court belonging to any country and submit to the law of such
company by the extent of the authorized capital of the transferor particular country to which either party belongs they shall be governed
company or the authorized capital of the transferor companies if there by such law. Clause (b) of section 11.05 of the shareholders agreement
be more than one. made it clear that the laws of the State of Michigan, United States,
Whether one sees the clubbing of the authorized capital of the subject to other conditions mentioned therein, would govern the
transferor company and the transferee company as a merger of the agreement. Clause(c) made it clear that the shareholders would at all
notional capitals or whether one views it as an increase of the authorized times act only in accordance with the Companies Act and other
capital of the transferee company, it is only a question of form and of applicable Acts or Rules that are in force, in India, at any time,
little practical consequence. But whether the authorized capital of the notwithstanding anything to the contrary in the said agreement. The
transferee company stands increased by merger of authorized capitals appellant having already invoked the alternative efficacious remedy
or de hors the merger of authorized capitals, there is an increase which by invoking the jurisdiction of the foreign court and resisted enforcement
will require fees for such increase to be paid. of the award, it could not file a suit and resist the enforceability of the
LW(S) 62.10.2007 award. The continuation of the proceedings by way of a suit would
defeat the very fundamental object of the 1996 Act in the nature of
KANAK LATA SAHA v. DIABARI TEA CO. LTD. [(2007) 139 Comp alternative disputes redressal system. Therefore the appellant having
Cas 107 (Cal)], Sanjib Banerjee J [Decided on 18.12.2006] accepted the matter to be arbitrated and having submitted to arbitration
Companies Act,1956 - Sections 433 and 434 - Winding up - clause and that too after passing of the award could not be permitted
Creditor sending demand notice to registered office as well as to avail of the procedure under the Code of Civil Procedure.
corporate office Company received the notice at corporate office
while returned the notice addressed to registered office - Winding TAX LAWS
up petition filed - Company took objection that statutory notice LW(S) 64.10.2007
was not served at its registered office - Whether tenable - Held, No.
CHAMUNDEESWARI v. COMMERCIAL TAX OFFICER (2007) 78 SCL
Brief facts: The petitioner was a supplier of the respondent 151 (MAD.)], K.Raviraja Pandian, J [Decided on 05.01. 2007]
company. As the company had not paid the dues of the petitioner a
Tamil Nadu General Sales Tax Act, 1956 - Sections 19A and
notice was sent to the registered office but it was returned unserved.
19B - Sales tax liability of a company - whether sales tax dues
Further a notice was sent to the head office but no reply was given by
can be recovered from the directors of the company - Held, No.
the company despite receipt of notice. A petition for winding up of the
company was filed on account of failure to pay the dues. The company Brief Facts: The petitioners filed writ petitions challenging distraint
challenged the petition on the ground that no statutory notice was proceedings initiated by the respondent against them to recover arrears
sent to the registered office and alleged that the claim till December, of sales tax dues from the company in which the petitioners were
2006, was based on a forged document. directors. The petitioners contended that there is absolutely no provision
whatsoever in the Tamil Nadu General Sales Tax Act, 1959 to recover
Decision: Petition kept in abeyance subject to respondent making the tax due in respect of a company from its directors.
payment of the debt.
Decision: Petition allowed.
Reason: That the main purpose of a notice was to make the notice
Reason: In the case of Desiraju Venkatakrishna Sarma, In re
aware. There is no denial in the affidavit filed by the company that it
[1995]25 Comp Cas 32, the Andhra Pradesh High Court has, in similar
was aware of the statutory notice issued. Merely because the petitioner
circumstance, held that a company is a body corporate and can be
could not demonstrate that the statutory notice was served at the
made liable for payment of tax in respect of taxes payable by it. There
registered office of the company that will not be a ground enough for
is no personal obligation on the shareholders or the directors of a
rejecting a winding up petition.
limited company in respect of the debts, or the taxes, revenue, etc.,
The petitioner had been able to establish that there was a debt due due from the company. The managing director or other directors of a
to the petitioner which the company was unable to pay. The inability limited liability company cannot be proceeded against as regards
to pay arose out of the companys refusal to pay, despite there being recovery of arrears of sales tax payable by the company.
no cause to justify the refusal. The winding up petition is therefore It is well settled that a company is a legal entity by itself and it can
admitted. If the entire dues are paid off by the company within a sue or can be sued as a legal entity and any dues from the company
period of six weeks, the petition will be permanently stayed. If default have to be recovered only from the company and not from its directors.
of such payment is made, the petition will be advertised in newspapers. Section 19A of the Tamil Nadu General Sales Tax Act, 1959, could not
be taken assistance of by the respondent for sustaining the order,
GENERAL LAWS which provides for the liability to tax of the partitioned Hindu family
LW(S) 63.10.2007 and dissolved firm. Even section 19B, which provides for liability to tax
VENTURE GLOBAL ENGINEERING v. SATYAM COMPUTER private company on winding up, could not be invoked. Therefore, the
SERVICES LTD. & ANR [(2007) 138 Comp Cas 779(AP)], impugned order is liable to be set aside and the writ petition is allowed.
D.S.R.Varma & D.Appa Rao JJ [Decided on 27.02. 2007] LW(S) 65.10.2007
Arbitration and Conciliation Act, 1996 - Sections 44 to 48 - COMMISSIONER OF INCOME-TAX, v. SARAVANA SPG. MILLS (P)
Foreign award and enforcement thereof - Appellant filed a civil LTD. [(2007) 163 TAXMAN 196 (SC)], S.H.Kapadia & B. Sundershan
suit challenging the foreign award - Trial court dismissed the suit Reddy, JJ [Decided on 10.08.2007]
Whether proper - Held, Yes. Income Tax Act, 1961-Section 31(i)- Current repairs- Assessee
Brief Facts: The appellant and the respondent herein had entered replaced ring mills in the textile mills - Expenditure claimed as
into a shareholders agreement in which they had agreed to submit to current repairs - Tax office rejected the claim and considered it to
the courts of State of Michigan, USA. Disputes arose and the same be replacement of asset and not repair - Whether the Tax officer
was right - Held, Yes.
Student Company Secretary 29 October 2007
Legal World
Brief Facts: The assessee-company engaged in the manufacture
ATTENTION STUDENTS!
of yarn in its textile mill installed 3 ring frames. The assessee claimed
the cost of new machinery as revenue expenditure on the ground that Applicability of Latest Finance Act and other changes for
the same should be treated as current repairs since the new machinery Company Secretaries December 2007 Examination.
was installed only as a replacement of the old machinery. The Assessing
Officer concluded that the assessee had replaced the existing old DIRECT TAXES
machines by new machines and thereby it had obtained enduring
All students may note that for the December 2007 Examination
benefit and, therefore, the expenditure incurred thereon constituted
session, in respect of Direct Taxes, the applicable Assessment
capital expenditure and not current repairs, and thus disallowed the
Year shall be 2007-08 (Previous year 2006-07).
claim of deduction. On appeal, the Commissioner (Appeals) allowed
the expenditure as revenue expenditure. On revenues appeal, the Thus, they will have to study Finance Act, 2006 for December
Tribunal dismissed the same. On further appeal, the Division Bench 2007 examination. Further, as per the syllabus, students are
of the High Court affirmed the Tribunals decision. Revenue appealed required to update themselves about all the Circulars,
to the Supreme Court. Clarifications, Notifications issued by CBDT & Central Government,
Decision: Appeal allowed. which come in to effect on or before 6 months prior to the date of
the respective Examination.
Reason: An allowance is granted by clause (i) of section 31 in
respect of amount expended on current repairs to machinery, plant or Gift Tax Act has been excluded from the scope of examination
furniture used for the purposes of business, irrespective of whether from December 1999 session onwards unless otherwise informed.
the assessee is the owner of the assets or has only used them. The
expression current repairs denotes repairs which are attended to when INDIRECT TAXES
the need for them arises from the view point of a businessman. The
word repair involves renewal. However, the words used in section Students appearing in the Tax Laws (Indirect Tax portion to the
31(i) are current repairs. The object behind section 31(i) is to preserve extent of topics covered in the syllabus) and Direct and Indirect
and maintain the asset and not to bring in a new asset. Section 31(i) Taxation-Law and Practice (Indirect tax portion) paper of the
limits the scope of allowability of expenditure as deduction in respect Intermediate and Final Courses respectively may take note of the
of repairs made to machinery, plant or furniture by restricting it to the following changes applicable for December 2007 Examination:
concept of current repairs. All repairs are not current repairs. Section 1. All changes made by the Finance Act/Bill, 2007.
37(1) allows claims for expenditure which are not of capital nature.
However, even section 37(1) excludes those items of expenditure which 2. All Circulars, Clarifications/Notifications issued by CBE&C/
expressly fall under sections 30 to 36. The effect is to delimit the Central Government which became effective six months prior
scope of allowability of deductions for repairs to the extent provided to the date of examination.
for in sections 30 to 36. To decide the applicability of section 31(i), the
test is not whether the expenditure is revenue or capital in nature,
which test had been wrongly applied by the High Court, but whether THE COMPETITION ACT ACT,, 2002
the expenditure is current repairs. The basic test to find out as to IELIL-INTERMEDIATE/FSPELDC-FINAL
what would constitute current repairs is that the expenditure must have
been incurred to preserve and maintain an already existing asset, The students are informed that the following Sections of the
and the object of the expenditure must not be to bring a new asset into Competition Act, 2002 are applicable for December, 2007 examination:
existence or to obtain a new advantage. Short Title, Extent and Commencement (Section 1), Definitions
(Section 2) Establishment of Commission (Section 7) Composition
In fact, in the instant case, in the balance sheet the assessee had
of Commission (Section 8), Selection of Chairperson and Other
indicated the expense as an item incurred for purchase of a new asset. Members (Section 9), Terms of Office of Chairperson and Other
The High Court had erred in placing reliance upon the report of SITRA Members (Section 10), Resignation, Removal and Suspension of
in coming to the conclusion that textile mill was a plant under section Chairperson and other members (Section 11); Restrictions on
31(i). Each machine in a segment has an independent role to play in Employment of Chairpersons etc. (Section 12), Financial and
the mill and the output of each division is different from the other. Administrative Powers of Member-Admininstration (Section 13)
Repair implies the existence of a part of the machine which has Salary etc. of Chairperson and Other Members (Section 14),
malfunction. If the argument of the assessed was to be accepted, it Vacancy etc. not to invalidate proceedings of Commission (Section
15) Appointment of Director General (Section 16), Registrar and
would result in absurdity and it would make the provisions of section
Officers of Commission (Section 17), Benches of Commission
31(i) completely redundant. According to the assessee the textile plant (Section 22), Distribution of Business of Commission (Section 23),
consisted of about 25 machines and, one such machine was the ring Appearance before Commission (Section 35), Competition Advocacy
frame. If the argument of the assessee was to be accepted, it would (Section 49), Finance, Accounts and Audit (Sections 50, 51, 52 and
mean that periodically one machine out of 25 would be replaced, and 53), Miscellaneous (Section 54, 55, 56, 57, 58, 59, 60, 61, 62, 63
on that basis, from time to time, each of these 25 machines in the Section 64 and 65.
textile plant would be entitled to claim allowance under section 31(i). Students are advised to refer these Sections if any question is
The Assessing Officer was right in holding that each machine including posed on the Competition Act, 2002. A comparison of the provisions
the ring frame was an independent and separate machine capable of of the MRTP Act, 1969 and the provisions of the Competition Act,
independent and specific function and, therefore, the expenditure 2002 is desirable to highlight the changes inserted by the
incurred for replacement of the new machine would not come within Competition Act, 2002.
the meaning of the words current repairs. In the instant case, it was Since all the Sections of the Competition Act, 2002 have not
not the case of the assessee that a part of the machine needed repairs. come into force till now, the students may refer to provisions of
The entire machine had been replaced. Therefore, the expenditure MRTP Act, 1969. However, credit will be given to the students if
incurred by the assessee did not fall within the meaning of current they also refer the provisions of the Competition Act, 2002, while
answering the question based on MRTP Act, 1969.
repairs in section 31(i).

Student Company Secretary 30 October 2007


Student Services
All the students are, therefore, advised to maintain uniformity
STUDENT SERVICES in their signatures on all the correspondence with the Institute
including students identity card, enrollment application and
REGISTRATION AND POSTAL TUITION attendance sheet provided in the examination hall at the time of
writing examinations.
1. Cancellation of Registration
6. Compulsory Enrolment for Final Course
Registration of students registered upto and including November,
2002 stands terminated on expiry of five-year period on Students who have passed/completed both groups of Intermediate
31sh October, 2007 leading to the following immediate consequences: examination are advised to seek compulsory enrolment for undergoing
coaching for the Final course on payment of Rs.4200/- towards postal
(a) Supply of Student Company Secretary bulletin will be tuition fee.
discontinued from November, 2007 onwards.
Please note that a student is admitted to the final examination only
(b) Response sheets will not be accepted even if submitted and after a minimum period of nine calendar months has elapsed since
coaching completion certificates will not be issued (after the his/her passing the Intermediate examination and subject to completion
expiry of registration period). of coaching and fulfillment of other requirements.
(c) They are advised to apply for registration de novo/extension 7. Company Secretaries Examination December, 2007
of registration as per the guidelines published in this bulletin.
I. Examination Fee
(Students whose registration is valid upto August, 2007 are however,
eligible to appear in December, 2007 examination without seeking Foundation : Rs.875 (Lumpsum)
extension of registration/ registration de-novo subject to fulfilling other Intermediate : Rs.900 (Per group)
requirements as laid down in the regulations.) Final : Rs.750 (Per group)
2. Change of Address Students seeking paperwise exemption for the first time (on
Change of address, if any, should be intimated to the Institute by qualification basis) are required to remit the exemption fee @ Rs.100
sending a separate letter in this regard. While intimating the change in per subject in addition to the examination fee on or before the last
their mailing address, the students are advised to invariably quote the date.
PIN CODE number alongwith the student registration number, name II. Eligibility for appearing in the Intermediate
and full postal address with city, state in capital letters. Examination
PIN CODE is required to be mentioned for quick delivery of the In terms of regulation 33 of the Company Secretaries Regulations,
mail. Students may, therefore, check up the computerised mailing 1982, students registered upto and including February, 2007 are eligible
address as printed on the Student Company Secretary bulletin. In to appear in both groups of the Intermediate examination to be held in
case, it does not carry or carry the wrong PIN CODE number, the December, 2007 subject to completion of coaching and Computer
same may be intimated immediately quoting student registration Training and fulfilment of other conditions as laid down in the
number and full postal address with Postal Index Number so that it regulations. However, candidates registered as students upto and
could be incorporated in the computerised mailing list. including the month of May, 2007 are eligible for appearing in any one
group in December, 2007 session (i.e. either in Group-I or Group-II)
3. E-Mail Address of the Students
subject to fulfilment of other conditions as laid down in the regulations.
Those students who are having e-mail address may communicate
III. Eligibility for appearing in the Final Examination
the same to the Student Services Section at dss@icsi.edu which will
facilitate quick and economic communication from the Institutes side. In terms of regulation 43 of Company Secretaries Regulations,
The e-mail address may be sent in the following format. 1982, students who have passed/completed both groups of the
Name : Intermediate examination upto and including December, 2006 are
eligible to appear in all the three groups or in combination thereof in
Registration No. : any two groups of the Final examination to be held in December,
E-Mail Address : 2007, subject to completion of coaching and fulfilling other conditions
4. Students Identity Card as laid down in the regulations.
All the students appearing in the examination must hold Identity 8. Clarification regarding Paperwise Exemption
Card in the manner prescribed by the Institute, if not already obtained (a) The paperwise exemption is granted only on the basis of specific
at the time of seeking registration. For obtaining the Identity Card, request received in writing from a registered student along with
students are advised to obtain a proforma from the Headquarters/ the attested photocopies of marks sheets for all parts of the De-
Regional Offices of the Institute and send it again to the Institute duly gree/examination (on the basis of which the paperwise exemp-
filled up and attested as per instructions given in the prospectus/ tion is sought) and the exemption fee @ Rs. 100/- per paper. It is
registration letter. one time payment and not to be remitted for availing of paper
Students who have so far not obtained Identity Cards are advised to wise exemption in every session of examination during the valid-
write to the Institute immediately. The students should carry their Identity ity of registration period.
Cards without fail for appearing in the Institutes examination. If the (b) The application for claiming paperwise exemption must reach the
Identity Card already issued has been lost or mutilated, student should Institute on or before the last date for submission of enrolment
send a request for obtaining duplicate Identity Card together with the application i.e. 25th March and 25th September for June and
mutilated Identity Card/Identity Card proforma duly filled in and attested December examinations respectively and with a late fee of Rs.
together with Rs. 50/- towards duplicate Identity Card fee. 100/-, the application can be accepted upto 9th April and 10th
5. Uniformity in Signatures October respectively.
It has been observed that some of the enrollment applications / (c ) The paperwise exemption once granted holds good during the
letters received from the students are either unsigned or bear different validity of registration period or passing/completing the
signatures from time to time. examination, whichever is earlier.

Student Company Secretary 31 October 2007


Student Services
(d) The paperwise exemption is cancelled only on receipt of a specific Students who were issued with limited permission letters, for
request in writing from the student concerned on or before the appearing in June, 2007 examination, are advised to submit the
last date for submission of the enrolment application. If any deficient response sheets immediately as such students, if failed, will
candidate appears in the exempted paper(s) of examination not be allowed to appear in December, 2007 examination, unless
without receiving the written confirmation from the Institute, but they are issued with the regular coaching completion certificate(s) for
by making personal representation, appeal, request, etc., at the
the group(s) for which limited permission letter was issued.
Examination Centre at the last moment, his/her appearance in
such paper(s) shall automatically be treated as cancelled. Students who secure 35% or more marks in aggregate and 30%
(e) It may be noted that candidates who apply for grant of paper wise marks in individual paper in a group in June, 2007 examination, are
exemption or seek cancellation of paper wise exemption already advised to submit photocopy of the marks sheet for the issue of
granted, before the last date of submission of enrolment Coaching Completion Certificate, if eligible.
applications for a particular examination, must see and ensure 11. Important
that they receive written confirmation from the Institute at least
15-20 days prior to the commencement of the examination. While making any correspondence regarding examination, the students
Candidates who would presume automatic grant or cancellation are advised to quote the following particulars for taking prompt action :
of paper wise exemption without obtaining written confirmation i) Name in full (ii) Student Registration number (iii) Stage of
on time and absent themselves in any paper(s) of examination examination (Intermediate/Final) (iv) Group opted (v) Cen-
and/or appear in the exempted paper(s) would do so at their own
tre opted (vi) Particulars of fee remitted, i.e. Demand Draft
risk and responsibility and the matter will be dealt with as per the
above guidelines. (printed) number, date , amount, name of the bank and its
branch (vii) Date and mode of despatch of enrolment appli-
(f) Exemption once cancelled on request in writing shall not be
granted again under any circumstances. cation and their complete address with PIN code, telephone
number, mobile number or e-mail address.
(g) The candidates who have passed either group of the Intermediate/
Final examination under the old syllabus, may claim the paperwise In case of any specific problem/complaint regarding registration,
exemption in the corresponding subject(s) of new syllabus post-registration, students services and postal/oral coaching, students
indicating the basis of exemption as APO in the appropriate may contact personally or write to Sh. Sohan Lal, Joint Director (Student
column of the enrolment application. Services) and for academic guidance and suggestions, if any, students
(h) In case the paperwise exemption has already been granted on may write to Sh. Balwant Kulkarni, Director (Academics and
the basis of qualification or the candidates is eligible for grant of Professional Development) at the Institutes address.
exemption on the basis of securing 60% or more marks, a
photocopy of the letter/marks-sheet issued by the Institute should
be enclosed with the enrolment application while claiming such
exemption, failing which the same may not be granted for the
ensuing examination. UNIFORMITY IN SIGNATURES
(i) No exemption fee is payable for availing paperwise exemption on
the basis of APO or on the basis of securing 60% or more marks
It has been observed that some of the enrolment
in the Institutes examination. applications/ letters received from the students are
(j) Paperwise exemption fee is payable only when the exemption is either unsigned or bear different signatures from time
to be availed on the basis of qualification(s) specified for the to time.
purpose. All the students are, therefore, advised to maintain
9. Exemption from Computer Training uniformity in their signatures on all the correspondence
A student can be exempted from undergoing the course on the basis with the Institute including students identity card,
of his existing qualification/degree in the computer field and qualifies enrolment application and attendance sheet provided
the need of Course Contents Syllabus as scheduled by NIIT for C.S.
Students, subject to the condition that he or she enrolls himself/ herself in the examination hall at the time of writing the
for an online exemption test (to be conducted by NIIT) from any of the examination.
NIIT Center on all India basis and successfully clears the test.
10. Completion of Coaching and Filling up of Examination
Forms
OPENING OF NEW EXAM. CENTRES AT KOLHAPUR AND
At times queries are received by the Institute from the students with
regard to filling up of examination forms for want of issue of coaching
SRINAGAR FOR CS EXAMINATIONS
completion certificate. It is clarified that students (i) who are undergoing The Institute is pleased to announce opening of two new
oral coaching, and (ii) students who have submitted or re-submitted
their response sheets and/or would be submitting or re-submitting the Examination Centres at following places for conduct of
response sheets within the stipulated period, are eligible to fill up the 'Company Secretaries' examinations upto June, 2008
examination forms for the respective session of examination Such examinations purely on experimental basis:
students need not withhold the submission of their examination forms
for want of coaching completion certificates. The students concerned Sl No. Place Centre Code
are advised to make a note in the application form to the effect that they 1. Kolhapur 417
are undergoing oral coaching/have submitted response sheets and are
awaiting coaching completion certificates. Since there cannot be any 2. Srinagar (J&K) 227
change with regard to the closing date for submission of examination
forms, students need not wait for the issue of coaching completion Accordingly, students are welcome to opt for the new
certificates for filling up their examination forms. They are advised to Examination Centre in their enrolment applications for
mention against the appropriate column in the enrolment application appearing in the forthcoming examinations.
form that coaching completion certificates are being awaited.

Student Company Secretary 32 October 2007


ICSI COUNSELLORS
S. NAME OF THE COUNSELLOR TOWN/CITY/DISTRICT FOR PHONE NO.
NO. S/Shri CAREER AWARENESS
1. Shri Rajesh Kumar Mittal Kalyan(W) (0251) 2324295
Flat No. 204, A Wing, Navjyoti Darshan Co. Housing Society,
Near Purnima Talkies Murbad Road
Kalyan (W)- 421301 Maharashtra
2. Shri Manjeet Singh Jhansi 2360578 (R)
M.S. & Associates, Company Secretaries 941 511 3561(M) jeet_cs@sancharnet.in
94, Brahm Nagar, Lahar, Jhansi-284 003 Uttar Pradesh
3. Shri Ramkrishna G Hegde SIRSI (Uttar Kannada) KS (08384)436298
Lecturer, Selection Grade, M E S College of Commmerce
SIRSI-581 402Uttar Kannada District,Karnataka State
4. Shri G Srikanth Eluru (AP) 230469, 249436
Chartered Accountant, Opp. Viswasanthi Theatre
R R Pet, Eluru-534 002, Andhra Pradesh
5. Shri A G Munoli Kalyan (W) (0251)2323172
A G Munoli & Co. Company Secretaries
404 Vallabh TowerMurbad Road, Kalyan (w)-421 301 Maharashtra
6. Shri . Nayan Mahadevprasad Adhyaru Anand
5, Harekrishna Society, Opp. A.P.C
Essel Tower Lane Anand- Vidyanagar Road,
Anand-388 001Gujarat
7. Shri Rajesh Kumar Mirzapur 05442-252304/252610
Obeetee Private Ltd.
Post Box No.4,Civil Lines, Mirzapur 231 001 Uttar Pradesh
8. Shri Vijay Raghavan K A Thanjavur 04362-233962
No.7 III Street, Tholkappiar Nagar, Thanjavur-613 001 Tamil Nadu
9. Shri G V K Narayanan Dindigul (Tamil Nadu) 2411939(0451)
Company Secretary, Griha Lakshmi
2/436 Mooventhar Nagar, Behind Karumariamman Petrol Bunk,
Trichy Road, Dindigul 624 005,Tamil Nadu
10. Shri C D Das Sharjah (UAE) 971-50-6365036
Asstt. General Manager, Gulf Petrochem FZE
P.O.Box-41506, Sharjah U A E
11. Shri Baldev Dudea Gwalior 98272-24778
B Dudea & Associates, Company Secretaries
National College Building, Dudea Niwas Naya Sarafa
(Danaoli) Gwalior-474001 Madya Pradesh
12. Shri V Ananthasubramanian Palani 242855
Chartered Accountant, (Old No.7) New No.11, anand_raji@yahoo.com
Subramaniapuram Road, Palani-624 601 Tamil Nadu venkatchalam@sancharnet.in
13. Shri Rajeev Chechani Palanpur (Gujarat) 311203
R K Chechani & Associates, Company Secretaries
A Plus 40,Tirupati Township, Opposite Aroma High-tech,
Deesa Highway, Palanpur Gujarat-385 001
14. Shri J P Agarwal Tinsukia Assam 0374-233 6330
J P Agarwal & Associates, Company Secretaries
Durgabari Opp. Sri Rajen Phukan House,
Tinsukia 786 125, Assam

15. Shri A G Shrigondekar Solapur 728169


Chartered Accountant, 35 Hutatma Smruti Mandir Complex
Park Chowk, Railway Lines, Solapur-413 001 Maharashtra

Student Company Secretary 33 October 2007


ICSI Counsellors
16. Shri P K Chakraborty Uttar Pradesh Haridwar (01334)285404
Sr. Accounts Officer (Finance), Bharat Heavy Electricals Limited
Ranipur Haridwar-249 403
17. Shri N N Krishnan Palakkad (Kerala) (0491)2566160/161/162
Manager-Commercial, C/o United Breweries Ltd.,
Kanjikode West P.O Palakkad 678 623, Kerala
18. Shri S Balachandra All Districts of 66687276/ 77/ 78
Company Secretary, Sivashakthi Bio Planttec Limited Andhra Pradesh 66821339 (F)
7-1-621/98-621/34, Opp. UTI Bank , S R Nagar, cs@shivashakthi.net
Hyderabad-500 038 Andhra Pradesh
19. Shri Rajesh Kishore Agarwal
C/o Gupta Medical Stores, Calter More, P.O. Mal
Dist. Jalpaiguri-735 221 West Bengal Jalpaiguri Distt.
20. Shri S Gnanasekharan Namakkal Distt. 04288-283005
Company Secretaries, 3/107, T Kailasampalayam (P.O.)
Tiruchengode TK. Namakkal Distt. Tamil Nadu
21. Shri Sachin Chhadawa Sangli (Maharashtra)
Company Secretary, 27/2 Progniya, Revenue Colony
Sangli, Maharashtra-416 416
22 Shri. Joffy George Chalakkal Namakkal AP 04288-274741-44
KSR College of Arts & Science, KSR Kalvi Nagar
Tiruchengode, Namakkal Dt. 637 209 Tamil Nadu
23. Prof. Rajiv Sehgal Ambala (Haryana) M-9896300530
Management Consultants, R Sehgal & Associates 0171-2551022
43, New Model Colony Near, Prem Nagar Gurudwara rajiv_sehgal_43@hotmail.com
Ambala City-134 003 Haryana
24. Shri R Sivasekaran Chennai (Suburbs & its 22240784
Practising Company Secretary, RASMI Plot C-236-A, surroundings)
6th Main Road, Nanganallur, Chennai-600 061
25. Shri Santosh Kumar Singh Raebareli Mobile: 9415780553
C-14 Sugar Mills Colony, Dariyapur, Raebareli (UP)-229405
26. Dr. Asim Kumar Mukhopadhyay, Principal Siliguri 0353-2432594
Siliguri College of Commerce College Para Siliguri 2436817
Dist: Darjeeling Pin-734401 West Bengal
27. Shri Shashi Bhushan Garg Muzaffarnagar 0131-2433562
4 Nayabans, Abkari Road, Muzaffarnagar Uttar Pradesh
28. Shri Hans Raj Mutreja Bhopal M- 9425004680
E-7/31 Vinay Apartments, Lala Lajpatrai Society, Arera Colony mutreja@sancharnet.in
Bhopal-462016 MP
w.e.f 1st April, 2007
29 Shri Prabhat Kumar Agarwal Sambalpur City (Orissa) Mob: 09238685337
(In Front of Jagganath Temple ) Hatli Ground Floor, MODIPARA
SAMBALPUR-768 002 (Orissa)
30. Shri Gurinder Pal Singh Ferozapur Moga, Muktasar 9463200815
House No. 133, Bazar No. 1, Ferozapur Cantt, Punjab- 152 001 Abohar, Fazilka Kotkapura, 01632-236073
Zira etc. (Punjab)
31. Shri Nitin M Ujgaonkar Amravati (Dt.) Mahrashtra 9860425710
Educational Counsellor, Dhamangaon Rly-444709 07222-237631
Dist. Amravati (Maharashtra)
32. Shri Pranaya Amoriya Etah (U.P) 05742-231290
Proprietor of M/s Pranaya Amoriya & Associates 9412734488
Chartered Accountants 9837032218
2, Shringar Nagar, Etah-207 001

Student Company Secretary 34 October 2007


ICSI Counsellors
33. Shri Deepak Kumar Jain Muzzafarnagar (UP) 0131-3297565
Deepak Jain & Associates, Company Secretaries Mob: 09319400565
306 Patel Nagar, New Mandi ,Muzaffarnagar-251001
Uttar Pradesh
34. Shri Lokesh Sharma Rajsamand Dt. (Rajasthan) 02952-231923
Lokesh Sharma & Associates, Hinger Market Station Road 09414683818
Kankroli, Dt. Rajsamand (Rajasthan) 313 324
35. Shri Mrityunjoy Seal Madhyamgram Barasat 033-65408770 (R)
3-C Roma Apartment, 472, Dum Dum Park, KOLKATA 700 055 Barrackpore and surrounding 09831000250
Seal Kuthi Talbanda, Bilkanada, Juguberia, North 24 Paraganas areas in the 24 Parganas (N)
in West Bengal
36. Shri Anil Govind Shrigondekar Solapur
Chartered Accountants, Mulay Complex, 1st Floor, Flat No.3
206 Gold Finch Peth, Near D.C.C. Bank, Solapur, 413 007
37. Shri Krishna Kumar Gaggar Kankroli Dt. Rajsamand 02952-221384
K.K. Gaggar & Associates, Proprietor 9414174384
Prashant Palace, Collectorate Road, P.O. Rajsamand Email: kkgaggar@yahoo.com
38. Shri V. Rajan Kovaipudur and Kuniamuthur 0422-2607193
V Rajan & Associates, Company Secretaries adjoining villages of rajan71048@yahoo.com
Site No.10, VOC Nagar, Kovai Pudur, Coimbatore 641 042 Coimbatore Dt.
39. Shri Shailesh Rawat Dt. Nainital 05946-254921, 09319745074
T-4 ICMI House, Durga City Centre, HALDWANI shaileshrawat2000
@yahoo.com
40. Shri Kuldeep Dangi Sirohi Distt. (Rajasthan) Kuldeep23977in@yahoo.co.in
Dangi & Associates, Practising Company Secretaries 02974-226402, 09414154086
E-18, Ambaji Industrial Area, ABU ROAD 307 026
41. Shri Gora Chand Mondal Berhampur
4/1 Kantnagar Road, P.O. Khagra, Dt. Murshidabad,
West Bengal 742103
42. Dr. Kurian Joseph Kanjirapally, 04828203777
Reader and Research Guide in Commerce Kottayam Dist. 09447180377
Centre for Human Resources Development Thekkel E-Mail :kujokel@sancharnet.in
Mannarakayam Post, Ponkunnam (Via) Kottayam Dt.
Kerala 686 506
43. Fr. S.V. Mathew Thuvayoor, Director Pathanamthitta and Kollam svmthuvayoorrevfr
Maq Deevannasios Academy of Management Studies @hotmail.com
Polayathodu, Kollam-1 svmthuvayoorfr@hotmail.com
Res: Shine Villa Thuvayoor South, Kadampanad Phones: 04734-281345 (R)
Adoor, Pathanamthitta Dt. 691 552 04734-320316 (0)
09447370744
(Saturday & Sunday)
44. Shri Abhijit Barje Ratnagiri Dt. Phone : 09890059675
C/o Mr. Nilesh Prabhudesai, 87/3-B, 1E Prajakta Apartment (Maharashtra) Email: barjeabhi@
Flat No.5, Azad Nagar, Kothurd, PUNE 411 038 rediffmail.com
45. Shri Ramachandra T. Narsipur Taluk 09986757216
Professor & Head of the Department 08227260508
Vidyodaya Arts & Commerce IGR College
#46 Hemavathi Cross Road, Gururaja Layout
Opp : Teresian College, MYSORE

46. Shri R. Shanker Narayan Malnad Region Phone : 273585


Principal, Edurite College of Management Studies Mobile : 9343310847
R.O. Chikkanna Complex, Savalanga Road, Shimoga (Karnataka)

Student Company Secretary 35 October 2007


Student Services
(iv) candidates who have exercised option of Hindi medium in
EXAMINATION their examination enrolment form for writing Foundation
1. DECEMBER, 2007 EXAMINATION examination and Group-I of Intermediate examination will
The next examination for the Foundation Course, Intermediate and be provided Question Papers printed both in English and
Final, scheduled in December, 2007, will be held from Wednesday, Hindi version (except for English & Business
the 26th December, 2007 to Thursday, the 03rd January, 2008, at 66 Communication paper, which will be printed/required
examination centres, viz., 1. Agra, 2. Ahmedabad, 3. Allahabad, to be answered in English only). The Question Papers for
4. Ambala, 5. Aurangabad# 6. Bangalore, 7. Bareilly#, 8. Bhilwara, Group-II of the Intermediate examination and all papers of
9. Bhopal, 10. Bhubaneswar, 11. Chandigarh, 12. Chennai (West), Final examinations will be printed in English version only;
13. Chennai (South), 14. Coimbatore, 15. Dehradun, 16. Delhi (East),
17. Delhi (North), 18. Delhi (South), 19. Delhi (West), 20. Ernakulam, (v) if a candidate writes his/her answers in Hindi medium without
21. Faridabad, 22. Ghaziabad, 23. Gurgaon 24. Guwahati, exercising such an option in the enrolment application form,
25. Hyderabad, 26. Indore, 27. Jaipur, 28. Jammu, 29. Jamshedpur, he/she may not be given credit for his/her answers;
30. Jodhpur, 31. Kanpur, 32. Kolhapur* 33. Kolkata (North),
(vi) candidates opting Hindi medium for the examination must
34. Kolkata (South), 35. Lucknow, 36. Ludhiana, 37. Madurai,
write HINDI MEDIUM in bold letters on the top of the cover
38. Mangalore, 39. Meerut, 40. Mumbai (CG), 41. Mumbai (GTK),
page of Answer Book No.1, 1B, as the case may be; and
42. Mumbai (JOG), 43. Mysore, 44. Nagpur, 45. Nasik, 46. Noida,
47. Panaji, 48. Patna, 49. Pondicherry, 50. Pune, 51. Raipur, (vii) candidates opting Hindi medium for the examination may
52. Rajkot, 53. Ranchi, 54. Shimla, 55. Srinagar,* 56. Surat, 57. Thane, write answers to practical questions, headings, quotations,
58. Thirvananthapuram, 59. Tiruchirapalli, 60. Udaipur, 61. Vadodara, technical and legal terms, sections, rules, etc., in English
62. Varanasi, 63. Vijayawada, 64. Visakhapatnam, 65. Yamuna Nagar
medium, if they so desire.
(Haryana) and 66 Overseas Centre Dubai as per the Time-Table
and Programme published on the last cover page of this issue.
NOTE: NOTIFICATION
1. #Aurangabad and Bareilly Examination Centres are opened ICSI NO. 5 OF SEPTEMBER, 2007
for June, 2007 and December, 2007 sessions only purely on MERIT-CUM-MEANS ASSISTANCE SCHEME, 1983
an experimental basis. In pursuance of para 13 of the Merit-cum-Means Assistance
2. *Kolhapur and Srinagar Examination Centres are opened (Company Secretaryship Course) Scheme, 1983, as amended
for June, 2007, December, 2007 and June, 2008 sessions upto 15th October, 2006, applications are invited to reach the Institute
only purely on an experimental basis. in the prescribed form on or before 25th November, 2007 for
award of 15 numbers of financial assistance each for pursuing
3. The Institute reserves the right to withdraw any centre at Intermediate and Final course of the company secretaryship from
any stage without assigning any reason. students who fulfil the eligibility criteria laid down under the said
2. USE OF CALCULATORS IN EXAMINATIONS scheme.

Candidates are allowed to bring and use their own battery operated, According to the scheme, a candidate applying for assistance
noiseless and cordless pocket calculators with not more than 6 should have passed Foundation or Both Groups of the Intermediate
functions, 12 digits and 2 memories. Exchange or lending/borrowing examination without exemption in any paper, at one sitting, in the
of calculators among students is forbidden in the examination hall. first attempt in June, 2007 examination. The income of such a
Use of calculators not conforming to above specifications shall not be candidate, if employed or is having an independent source of
allowed in the Examination. income, should not be more than Rs.1,50,000/- per annum and if
he/she is dependent on his/her parents/guardian/spouse whether
3. HINDI AS OPTIONAL MEDIUM FOR WRITING THE partially or wholly, the combined income from all sources should
FOUNDATION, INTERMEDIATE AND FINAL not be more than Rs.2,50,000/- per annum.
EXAMINATIONS Prescribed application form together with a copy of the Merit-
Candidates are allowed to use Hindi as an optional medium for cum-Means Assistance (Company Secretaryship Course) Scheme,
writing all papers of the Foundation (except English & Business 1983 can be downloaded from the Institutes website www.icsi.edu
Communication paper), Intermediate and Final examinations on the or obtained by post from the Institute free of cost by sending a
following conditions: self-addressed envelope of 23 cms. x 11 cms. size duly affixed
with postage stamp worth Rs.10/-. Applications not made on
(i) option of Hindi Medium for writing the examination is to be the prescribed forms and/or without supporting documents,
exercised for all papers of an examination OR a particular incomplete applications, applications not fulfilling the eligibility
group of examination, and not for any individual paper(s) in criteria laid down under the scheme or applications not reaching
the enrolment application form each time for appearing in the Institute on or before 25th November, 2007 are liable to be
the examination; rejected.
(ii) option of medium for writing examination once exercised is BY ORDER OF THE COUNCIL
irrevocable for that particular session of examination; File No.207:Exams:2007
(iii) answer books of candidates who write part of papers/answers New Delhi 110 003. (N. K. JAIN)
in one medium and the remaining part in other medium are
Dated, the 5th September, 2007 Secretary & CEO
liable to be cancelled without any notice;

Student Company Secretary 36 October 2007


Student Services
INTRODUCTION OF NEW PRIZE AWARDS FOR 6. SIRUBALAKKADU SAMBAMOORTHY SRINIVASAN
COMPANY SECRETARIES EXAMINATIONS MEMORIAL AWARD
(Instituted by Ms. S Uma, Chennai)
The Institute is pleased to announce institution of nine new Prize
Awards as under : Cash Prize of Rs.1,251/- will be awarded to a candidate who
ALL-INDIA PRIZE AWARD passes in all papers of the Intermediate Examination, at first
attempt, in one sitting, without claiming exemption in any subject
1. LATE SHRI JAGDISH CHANDRA MALHOTRA MEMORIAL
and obtaining the highest marks in the aggregate taking into
ANNUAL AWARD
account the performance of all such successful candidates from
(Instituted by Ms. Preeti Malhotra, FCS, New Delhi)
examination centers situated within the Southern Region,
Annual Cash Prize of Rs.3,001/- will be awarded to a lady effective from June, 2007 session.
candidate who passes in all papers of Intermediate examination,
at first attempt, in one sitting, without claiming exemption in any BANGALORE CHAPTER AWARDS
subject and obtaining the highest marks in the aggregate taking 7. GOWRI GANAPATI JOSHI VAJAGADDE MEMORIAL AWARD
into account the performance of all such successful lady (Instituted by Shri Dattatraya Joshi, ACS, Bangalore)
candidates in June and December examinations during a
calendar year on all-India basis. The first prize will be given on Cash Prize of Rs.551/- will be awarded to a candidate who passes
the basis of results of Intermediate examinations held in June, in all papers of the Final Examination, at first attempt, in one
2006 and December, 2006 sessions. sitting, without claiming exemption in any subject and obtaining
the highest marks in the aggregate taking into account the
Accordingly, Ms. Aastha Choudhary, Kolkata (Roll No.9396
performance of all such successful candidates in Final Examination
December, 2006) obtaining 556/800 (69.50%) marks has won
from Bangalore Centre, effective from June, 2006 session.
the Late Shri Jagdish Chandra Malhotra Memorial Annual
Award for the year 2006. Accordingly, Shri Naveen Kumar, Bangalore (Roll No.44695;
EIRC PRIZE AWARDS Student Regn. No. SR0268672) obtaining 475/900 (52.78%) marks
has won the Gowri Ganapati Joshi Vajagadde Memorial Award
2. NIRMAL CHANDRA CHATTERJEE MEMORIAL AWARD for June, 2006 session, and Ms.Preeti Bishnoi, Bangalore (Roll
(Instituted by Shri Balai Lal Chatterjee, FCS, Kolkata)
No.44006; Student Regn. No. SR0308420) and Ms. Dinky,
Cash Prize of Rs.1,251/- will be awarded to a candidate who Bangalore (Roll No.44010; Student Regn. No. SR0317049)
passes in all papers of Final Examination, at first attempt, in obtaining 474/900 (52.67%) marks have jointly won the Gowri
one sitting, without claiming exemption in any subject and Ganapati Joshi Vajagadde Memorial Award for December,
obtaining the highest marks in Secretarial Practice relating 2006 session.
to Economic Laws and Drafting and Conveyancing paper
taking into account the performance of all such successful 8. HUKLAMAKKI MANJUNATHA HEGDE MEMORIAL AWARD
candidates from examination centers situated within the Eastern (Instituted by Shri Gopalakrishna Hegde, ACS, Bangalore)
Region, effective from June, 2007 session. Cash Prize of Rs.551/- will be awarded to a candidate who passes
3. BHAGABATI CHATTERJEE MEMORIAL AWARD in all papers of the Intermediate Examination, at first attempt,
(Instituted by Shri Balai Lal Chatterjee, FCS, Kolkata) in one sitting, without claiming exemption in any subject and
Cash Prize of Rs.1,251/- will be awarded to a lady candidate obtaining the highest marks in the aggregate taking into account
who passes in all papers of the Final Examination, at first attempt, the performance of all such successful candidates in Intermediate
in one sitting, without claiming exemption in any subject and Examination from Bangalore Centre, effective from June, 2006
obtaining the highest marks in the aggregate taking into account session.
the performance of all such successful lady candidates from Accordingly, Ms. Rajeshwari S Patil, Bangalore (Roll No.19922;
examination centers situated within the Eastern Region, effective Student Regn. No.SR0335486) obtaining 469/800 (58.63%) marks
from June, 2007 session. and Shri Utsav K Prakash, Bangalore (Roll No.19247; Student
SIRC PRIZE AWARDS Regn. No.SR0342175) obtaining 555/800 (69.38%) marks have
4. LATE SHRI K. HARIHARAN ENDOWMENT AWARD won Huklamakki Manjunatha Hegde Memorial Award for
(Instituted by Shri Harishankar Mani, Chennai) June, 2006 and December, 2006 sessions respectively.
Cash Prize of Rs.1,251/- will be awarded to a candidate who 9. LATE SHRI G V SETTY AND SMT. KUSUMAMBA MEMORIAL
passes in all papers of the Intermediate Examination, at first AWARD
attempt, in one sitting, without claiming exemption in any subject (Instituted by Shri G V Srinivasa Murthy, FCS, Bangalore)
and obtaining the highest marks in Company Law paper taking
into account the performance of all such successful candidates Cash Prize of Rs.551/- will be awarded to a candidate who passes
from examination centers situated within the Southern Region, in all papers of the Foundation Examination, at first attempt, in
effective from June, 2007 session. one sitting, without claiming exemption in any subject and
obtaining the highest marks in the aggregate taking into account
5. SIRUBALAKKADU SAMBAMOORTHY SRINIVASAN
the performance of all such successful candidates in Foundation
MEMORIAL AWARD
Examination from Bangalore Centre, effective from June, 2006
(Instituted by Ms. S Uma, Chennai)
session.
Cash Prize of Rs.1,251/- will be awarded to a candidate who
Accordingly, Ms. Sagarika Kunapuli, Bangalore (Roll No.5212;
passes in all papers of the Final Examination, at first attempt, in
Admn. No. SRU0083278) obtaining 336/500 (67.20%) marks and
one sitting, without claiming exemption in any subject and
obtaining the highest marks in the aggregate taking into account Ms. Goda Raghavan, Bangalore (Roll No.5022; Admn. No.
the performance of all such successful candidates from SU0086901) obtaining 334/500 (66.80%) marks have won Late
examination centers situated within the Southern Region, Shri G V Setty and Smt. Kusumamba Memorial Award for
effective from June, 2007 session. June, 2006 and December, 2006 sessions respectively.

Student Company Secretary 37 October 2007


Student Services
COMPANY SECRETARIES EXAMINATION - JUNE, 2007
LIST OF FIRST 25 TOP RANK HOLDERS, IN ORDER OF MERIT, WHO HAVE SECURED NOT LESS THEN 55% MARKS IN
THE AGGREGATE IN FOUNDATION EXAMINATION JUNE, 2007
S. NO. RANK ROLL NO. REGISTRATION NO. NAME OF THE STUDENT
1 1 6573 WU0166426/03/2006 JALAN AMIT SHIVHARI
2 2 1116 EU0104941/03/2006 ATUL MASKARA
3 3 6809 WU0181570/09/2006 HIMANSHU VIJAY CHORADIA
4 4 3004 NU0293262/09/2006 GARIMA AGARWAL (Ms.)
5 4 6048 WU0179706/08/2006 SANDHYA ARORA (Ms.)
6 5 3415 NU0245417/07/2005 VISHAL MAHAJAN
7 5 7435 WU0184395/09/2006 DHIRAJ RAMNATH BHANDARI
8 6 1503 NU0297334/09/2006 ANKIT JINDAL
9 6 2211 NU0292499/09/2006 SWATI SHARMA (Ms.)
10 6 2212 NU0292500/09/2006 DIKSHA KAPOOR (Ms.)
11 6 6562 WU0186400/09/2006 VINEET VIMAL JAIN
12 6 6810 WU0179492/08/2006 NIRAJ MAHENDRA BORA
13 7 1238 NU0292361/08/2006 NEHA BHATTER (Ms.)
14 8 1236 NU0280243/04/2006 SHAGUN MAHESHWARI (Ms.)
15 9 2477 NU0283658/06/2006 MANSI ARORA (Ms.)
16 10 643 EU0112876/09/2006 NIKHIL TULSYAN
17 11 1115 EU0106341/03/2006 MANISH AGARWAL
18 12 1323 NU0289107/08/2006 HEMANSHI KHANNA (Ms.)
19 12 1735 NU0298028/09/2006 ADITI GUPTA (Ms.)
20 12 4696 SU0102485/09/2006 SURABHI SINGHI (Ms.)
21 13 4767 SU0096702/06/2006 BALA GEETHA VALLI N (Ms.)
22 13 4770 SU0095838/05/2006 SHRADHA PARESH TOLIA (Ms.)
23 13 6572 WU0174000/06/2006 TRIPTI SHYAMSUNDAR RATHI (Ms.)
24 13 7111 WU0184640/09/2006 SUYOG KISHOR DESARDA
25 14 1509 NU0273549/03/2006 SAVINAL (Ms.)
26 15 1508 NU0299571/08/2006 KANIKA VIJ (Ms.)
27 15 1947 NU0272079/03/2006 ISHA GOEL (Ms.)
28 16 1833 NU0292297/09/2006 DIVYA AGGARWAL (Ms.)
29 16 4019 NU0282461/06/2006 RAHUL AGGARWAL
30 16 4766 SU0096361/06/2006 ISWARYA J (Ms.)
31 16 6141 WU0183734/09/2006 RUCHI NAHAR (Ms.)
32 17 1103 EU0112387/09/2006 SWETA PATODIA (Ms.)
33 17 1127 EU0100716/02/2006 NIKHIL JAIN
34 18 3723 NU0270825/03/2006 SWATI MAHESHWARI (Ms.)
35 18 7423 WU0181692/09/2006 SAURABH GANESH DESHMUKH
36 19 626 EU0101824/03/2006 GIRIRAJ DAMANI
37 19 1035 WU0180558/08/2006 VARSHA JALAN (Ms.)

Student Company Secretary 38 October 2007


Student Services
38 19 1860 NU0300468/09/2006 PREETI JAIN (Ms.)
39 19 1949 EU0106971/03/2006 SHILPI SHIVANGI (Ms.)
40 19 2668 NU0294795/09/2006 SHWETA LOHIYA (Ms.)
41 19 2793 NU0280748/04/2006 KANIKA ARORA (Ms.)
42 19 3866 NU0297414/09/2006 LOVEY GUPTA (Ms.)
43 19 6147 WU0168052/04/2006 RUPAL KOTHARI (Ms.)
44 20 2726 NU0280929/05/2006 VIKAS MEHTA
45 20 3048 NU0276055/03/2006 RAUNAK BOOB
46 20 3332 NU0293730/08/2006 PRABHJYOT KAUR (Ms.)
47 20 7110 WU0172686/04/2006 YASHODHARA DEEPAK GADGIL (Ms.)
48 20 7359 WU0181671/09/2006 DEEPAK SURENDRA KABRA
49 21 652 EU0100779/02/2006 ANKIT GUPTA
50 21 3166 NU0291662/08/2006 DEEPIKA SINGH (Ms.)
51 21 4442 SU0091559/02/2006 SREELEKHA S (Ms.)
52 22 600 EU0110830/09/2006 PRASHANT KUMAR JAIN
53 22 4514 SU0095509/03/2006 ARUNA M (Ms.)
54 22 7500 WU0186315/09/2006 ANANDH SUNDAR
55 23 2365 NU0274441/03/2006 NEHA JAIN (Ms.)
56 23 2466 NU0295346/09/2006 ASHISH KUMAR
57 23 6160 WU0183607/09/2006 MANISHA JUMRANI (Ms.)
58 23 6525 WU0176991/07/2006 NIYATI VIJAY DOSHI (Ms.)
59 23 6543 WU0186155/09/2006 SHRISTI JAISHANKAR PADIA (Ms.)
60 24 3010 NU0302440/09/2006 DHARMENDRA SINGH MOHTA
61 24 3709 NU0284703/06/2006 MEENAKSHI SHARMA (Ms.)
62 24 3724 NU0270787/03/2006 SHANTI MOTIWALA (Ms.)
63 24 4043 NU0297409/09/2006 POOJA RAHI (Ms.)
64 24 6506 WU0175002/06/2006 KEYURI SURESH NAGARDAS (Ms.)
65 25 2134 NU0292702/09/2006 SHUBHI DHYANI (Ms.)
66 25 3319 NU0289831/07/2006 SWATI SRIVASTAVA (Ms.)

LIST OF FIRST 25 TOP RANK HOLDERS, IN ORDER OF MERIT, WHO HAVE SECURED NOT LESS THEN 55% MARKS IN
THE AGGREGATE IN INTERMEDIATE EXAMINATION JUNE, 2007
S.NO. RANK ROLL NO. REGISTRATION NO. NAME OF THE STUDENT
1 1 14542 NR0493334/08/2006 OM PRAKASH KASERA
2 2 18464 NR0490551/08/2006 VIVEK KUMAR AGARWAL
3 3 28791 WR0443191/07/2006 MUNDRA ABHISHEK BALKISHAN
4 4 21667 SR0359915/08/2006 LAXMI KIRAN (Ms.)
5 5 19937 SR0368305/08/2006 RAJESH KUMAR P
6 6 25726 WR0445722/08/2006 SAUMYA N MOORTHY (Ms.)
7 7 25282 WR0446703/08/2006 MAHAK SINGAL (Ms.)
8 8 29638 WR0426304/02/2006 MURUGESH RANGASWAMY GOUNDER

Student Company Secretary 39 October 2007


Student Services
9 9 26830 WR0451350/08/2006 RINKI MURARILAL GUPTA (Ms.)
10 10 9008 ER0215142/02/2005 ABHISHEK SUREKA
11 11 22484 SR0343544/12/2005 RUCHIRA RAMACHANDRA (Ms.)
12 12 29975 WR0456525/08/2006 NIKHIL SATYANARAYAN JAJU
13 13 19892 SR0366933/08/2006 BALAJI H
14 13 19894 SR0358344/07/2006 SANJAY
15 14 8820 ER0230542/02/2006 SUDIPTO SARKAR
16 15 16876 NR0464263/08/2005 KIRTI SARUPARIA (Ms.)
17 16 23876 WR0456318/08/2006 CHAHANA KISHORBHAI SANGHVI (Ms.)
18 17 15066 NR0489146/07/2006 PARAG BOOB
19 17 23868 WR0456588/08/2006 KUNJIT MAHESHBHAI PATEL
20 18 8939 ER0242150/08/2006 DIMPLE GUPTA (Ms.)
21 18 22669 SR0359962/08/2006 VENKATESWARA REDDY RACHAMALLU
22 18 23896 WR0413757/08/2005 AMITKUMAR ASHOK GOYAL
23 19 8949 ER0243093/08/2006 PIYUSH CHORARIA
24 19 19373 SR0366693/08/2006 SAGARIKA KUNAPULI (Ms.)
25 20 28086 WR0458247/08/2006 PAWAN BHAGWANDAS LOHIYA
26 21 10788 NR0490471/08/2006 VIVEK GOYAL
27 22 14566 NR0503253/08/2006 RAVINDER KUMAR
28 23 8069 ER0237364/08/2006 ABHISHEK MOHAPATRA
29 23 9106 ER0243951/08/2006 CHINU SHARMA (Ms.)
30 23 23916 WR0456647/08/2006 MANSI DHIRENKUMAR SHAH (Ms.)
31 23 28786 WR0438932/07/2006 SWETA MOTILAL JALAN (Ms.)
32 24 8919 ER0243683/08/2006 ANAND KHETAN
33 24 9428 ER0238749/08/2006 KOMAL MANTRI (Ms.)
34 25 16870 NR0464061/08/2005 NIKHIL DINESH RATHI
35 25 19384 SR0364717/08/2006 RISHABH SINGHVI

LIST OF FIRST 25 TOP RANK HOLDERS, IN ORDER OF MERIT, WHO HAVE SECURED NOT LESS THEN 55% MARKS IN
THE AGGREGATE IN FINAL EXAMINATION JUNE, 2007
S. NO. RANK ROLL NO. REGISTRATION NO. NAME OF THE STUDENT
1 1 38106 NR0446931/05/2005 MANISH TEMANI
2 2 31532 ER0215121/02/2005 ROHIT SHARMA
3 3 38095 NR0449921/07/2005 VINEET SODHANI
4 4 52190 WR0315125/03/2003 SUMIT SARDA
5 5 31521 ER0214201/02/2005 BHASKAR SHARMA
6 6 38891 NR0457090/08/2005 HIMANSHU DHADDHA
7 7 38092 NR0464136/08/2005 TANYA GAUR (Ms.)
8 8 31594 ER0212859/02/2005 SANJAY BAJAJ
9 8 43202 NR0453598/08/2005 ANIKET KULSHRESTHA
10 9 45222 SR0298651/05/2004 KEERTHANA V KRISHNAN (Ms.)
11 10 33599 ER0208495/08/2004 PAYAL JAIN (Ms.)
12 11 50988 WR0353829/02/2004 DARSHIL MANOJ SHAH
13 12 31360 ER0217433/05/2005 ABHISHEK GUPTA

Student Company Secretary 40 October 2007


Student Services
14 13 31582 ER0213638/02/2005 ANITA BAID (Ms.)
15 14 50506 SR0319648/02/2005 SRILAKSHMI R (Ms.)
16 15 33591 ER0214177/02/2005 NEHA DHANUKA (Ms.)
17 16 31507 ER0220231/08/2005 RUPA SHARMA (Ms.)
18 16 31528 ER0206996/08/2004 MONU PINCHA (Ms.)
19 16 31574 ER0178384/02/2003 ANKUSH LATH
20 17 38089 NR0460001/08/2005 SONIA PARNAMI (Ms.)
21 18 31368 ER0202957/07/2004 SWATI KESHAN (Ms.)
22 18 31481 ER0207324/08/2004 NISANT DARGARH
23 18 31561 ER0213993/02/2005 ASHOK KUMAR MAHAWAR
24 18 33596 ER0186787/08/2003 SUNNY KUMAR JAIN
25 19 31394 ER0223907/08/2005 GOVERDHAN CHANDAK
26 19 53890 WR0374586/08/2004 SIDDHARTH ASHOKKUMAR SHAH
27 20 36729 NR0423011/08/2004 ETI SURI (Ms.)
28 21 31498 ER0219096/08/2005 BHARAT AGARWAL
29 21 31515 ER0213542/02/2005 GARIMA SANGANERIA (Ms.)
30 21 31551 ER0215259/02/2005 RAHUL CHOWDHARY
31 21 31597 ER0215041/02/2005 RAJIV JAIN
32 21 33592 ER0213702/02/2005 SHWETA TEKRIWAL (Ms.)
33 22 31400 ER0215264/02/2005 VIVEK CHURIWALA
34 23 31363 ER0209678/11/2004 NEHA AGARWAL (Ms.)
35 23 31417 ER0215689/02/2005 PUNEET AGARWAL
36 23 38889 NR0394964/09/2003 SARAWGI KANIKA (Ms.)
37 24 56352 WR0399820/06/2005 SACHIN DHARMENDRA JAIN
38 25 31358 ER0224223/08/2005 NIDHI AGARWAL (Ms.)
39 25 31402 ER0224425/08/2005 PRIYANKA SARAWAGI (Ms.)
40 25 31468 ER0222602/08/2005 POONAM JAIN (Ms.)
41 25 36263 NR0451982/08/2005 SACHIN GUPTA
42 25 47069 SR0332762/08/2005 PRASANNA V S L (Ms.)

STATUS OF TRAINING
(Period from 01-09-2007 to 30-09-2007)
15 Months Training with Company/Company Secretary in Practice and 03 Months & 15 days Practical Training
STAGE-I STAGE-II
Biodata of the students sent to the companies/company Students sponsored for training
secretaries in practice for consideration
APPLICATIONS CASES
Pending Received Forwarded for Pending Pending Received No. of students Pending
Training as on during the consideration as on as on during who have actually as on
Type 31.08.07 month (upto 30.09.07) 30.09.07 31.08.07 the month taken for training 30.09.07
(upto 30.09.07)
15 Months in 20 71 76 15 19 103 92 30
Companies
15 Months with NIL 18 18 NIL NIL 99 59 40
CS in Practice
3 Months in NIL 133 126 07
Company/
15 Days in
Optional Area

2. Exemption: 1. Number of applications pending as on 31.08.2007 : 30 2. Number of applications received for exemption : 80 3. Number of
exemptions granted : 73 4. Number of pending applications as on 30.09.2007 : 40

Student Company Secretary 41 October 2007


News and Announcements
NEWS AND ANNOUNCEMENTS NORTHERN INDIA REGIONAL COUNCIL
INSTITUTE NEWS ICSI - MOTHER TERESA INSTITUTE OF MANAGEMENT AND
VOCATIONAL STUDIES ORAL TUITION CENTRE
Live Phone-in-Programe on CS on Air FM Rainbow
ORAL COACHING CLASSES FOR INTERMEDIATE
On 17.9.2007 an hour long Live Phone-In-Programme on "Career
as a Company Secretary" was Broadcast between 4.00 PM - 5.00 GROUPS I & II* - JUNE 2008 SESSION
PM on 102.6 FM Rainbow Chennel of All India Radio. Amid Telephonic Oral Coaching Classes for Intermediate Groups I & II* are likely
queries from listeners, information on the CS Course was aired by to commence from 16th November, 2007.
way of exclusive interview with N.K. Jain, Secretary & CEO, the ICSI.
Course Fee : Inter Group I Rs. 4500/-
Visibility of the Profession Through All India Radio
Inter Group II Rs. 4000/-
With a view to popularize the CS course to every nook and corner
of the country, creative Radio Spots on "Career as a Company Timings: 4.00 to 6.00 P.M. (Monday to Saturday)
Secretary" have been developed by the Institute to motivate the Registration Open on all working days
students to join the course. Each 30 seconds spot was Broadcast between 9.30 A.M. and 5.30 P.M.
on AIR, daily for a month from 1.9.2007 to 30.9.2007 on the National
Hook up of All India Radio just before Hindi Morning National News Admission on first-come-first-served basis
Bulletin aired between 7.55 A.M. to 8.00 A.M. (*Provided sufficient number of students are
AIR covers 189 Radio Stations across India simultaneously registered for Group-II)
reaching smaller towns/rural areas. This will enhance the visibility
of the profession through All India Radio. For further details, please contact
MR. J.K. CHAWLA/ MR. VINAY GUPTA
EASTERN INDIA REGIONAL COUNCIL MOTHER TERESA INSTITUTE OF MANAGEMENT & VOCATIONAL
STUDIES
NORTH EASTERN CHAPTER
Programme in honour of the successful students of the C-Block, Preet Vihar, Delhi 110092
June 07 CS Examinations Phones : 22057200, 42420552, 42420553
On 5.9.2007 the North Eastern Chapter conducted the above said Fax: 22509200 Email: mtim@vsnl.net
programme at its premises.
Narayan Sharma, Chapter Chairman congratulated the successful AGRA CHAPTER
students from Guwahati in June 07 company secretaryship examination Training Orientation Programme and Academic
and expressed best wishes for their future. Development Programmes
Ashok Kumar Agarwala former Chairman of NE Chapter congratulated Agra Chapter organized its first Training Oriented Programme and
NE Chapter of ICSI for organizing such a ceremony. He asked the
two Academic Development Programmes. The programmes were
present students to work hard leaving aside all personal problems.
inaugurated by CS Suchitta Koley, Secretary, NIRC. It was followed by
Rajkumar Sharma, former Vice Chairman of NE Chapter also an inspiring address by Col. Bali, the Principal of ICFAI National College
provided some valuable guidance regarding the training which the final on motivation and ethics. He advised the students to make friendship
passed students have to undergo. with the God which is possible only by keeping your heart pure. During
Biman Debnath, treasurer, NE Chapter of ICSI encouraged the post lunch session Koley deliberated on significance of TOP and ADP.
students and provided some valuable guidance for their future.
The programme was attended by students residing not only in
Bijoy Kumar Bhuyan noted Social worker & land lord of the premises Agra but also in Kanpur, Shikohabad, Kota and Ajmer, Faculty
accommodating NE Chapter of ICSI and reminded the students about
members from Delhi. CS. Suchitta Koley, CS Nesar Ahmed (Central
the prestige of the Institute of Company Secretaries of India and said
Council member) CS Satwinder Singh (Chairman, NIRC) CS Girish
that the students should feel proud that they are students of such a
prestigious Institute. Narang (Member, NIRC) along with CS Aanchal Jain, CS Sachin
Agarwal,M.K. Bhargava. U.K. Jain, FCS, CS Anju Jain, Chapter
Dr. Debabrata Mukherjee, Founder Faculty Member of NE Chapter Secretary, CS Gagan Burman, Chapter Chairman, Dr. Atul Mittal
apprised the gathering about the role of faculty in very course. He
graced the occasion.
also said that guidance of teacher is definitely required but the students
should also be laborious for getting success. Ujjval Jain conducted a one hour Meditation Session that enabled the
Manoj Kedia, Manager, Facilitation Centre, MCA-21 & a Faculty students to release all their stress and to find themselves deeply connected
Member of NE Chapter of ICSI in his address highlighted the role of a with God. Dr. Atul Mittal who is a specialist in Acupressure, Color Therapy
company secretary in MCA 21. and Naturopathy explained the students about disorders in their daily life.
The successful students first introduced themselves one by one He also narrated how to live a disciplined life which will make them not
to the members on the dais and to the gatherings on the occasion. only physically fit but also mentally sound. A number of students felt that
They then thanked NE Chapter for holding such a programme in such sessions should be arranged by the Chapter in the future also.
their honour. They then one by one provided some valuable guidance At the closing ceremony Kanika Sharma, sung famous emotional
and some facts behind their success to other students present on melodies. Sanchi Agarwal, Chitranshi Agarwal, Dimple Sachdeva were
the occasion. They also disclosed some of their future plans in front awarded for their all round performance. Sushil Bajaj was honoured
of the gathering. for clearing the CS Final at the age of 56.
The students were honoured one by one by the Chapter Chairman Fifth day started with a special one hour session, organized and
and other members sitting on the dais. managed solely by students. Each student was encouraged to speak
Narayan Sharma concluded the ceremony with a few words on achievement of TOP. Many students felt that they were able to get
regarding the career & future prospects of a company secretary. He out of podium phobia and public speaking. Some of the students opined
also apprised the gathering specially the students about the role of a that this TOP has boosted their confidence level and has also improved
company secretary. their Soft Skills.

Student Company Secretary 42 October 2007


News and Announcements
During Valedictory Session Satwinder Singh expressed his Commencement of Final (Gr.I and Gr.III) Oral Coaching
happiness about the achievements of Agra Chapter. He said that Classes
progress made by the Agra Chapter is beyond imagination. He From 17.9.2007 Oral Coaching Classes for Final Group I (Morning)
distributed certificates to all the TOP & ADP participants. and Group III (Evening) conducted by the Regional Council for
Anju Jain while concluding thanked all the faculty members and December 2007 examination commenced at ICSI-SIRC House,
participants. She also thanked the print and electronic media for giving Chennai 600034.
a wide coverage to the programme from the beginning which helped a
lot in creating awareness about company secretaryship. BANGALORE CHAPTER
BHILWARA CHAPTER Inauguration of Oral Coaching Classes
Career Awareness Programmes On 2.7.2007 The 23rd Batch of Foundation Course and 42nd Batch
On 28th & 29.9.2007 the Chapter organised a number of Career of Intermediate Course Oral Coaching Classes of the Bangalore
Awareness Programmes which were as under: Chapter was inaugurated at a Students Meet at St. Joseph Composite
Pre-University College Fr. Josekutty, Principal, Kristu Jayanti College
On 28.9.2007 the Career Awareness Programmes were held at
Govt. Senior Higher Secondary Higher Secondary School, was the Chief Guest who inaugurated the classes.
Bhopalganj; Smt. Susheela Devi Kanya Mahavidhalaya, VSP Nagar; G.V. Srinivasa Murthy, Chapter Chairman welcomed all present
Mahesh Siksha Sadan Sr. Secondary School, Sophia Sr. introduced the Chief Guest and gave a brief overview of the objective
Secondary School, M.L. V. Govt. College . All at Bhilwara. More of the Oral Coaching conducted by the Bangalore Chapter.
than 2000 students taken together attended the programmes. On Fr. Josekutty then commenced his address by congratulating the
29.9.07 the programmes were held at S.M.M. Girls Government students on having made an important decision on which career they
Senior Secondary School, Sophia Sr. Secondary School, Mahila were going to peruse. He cautioned the students on being absolutely
Ashram Sr. Secondary Girls School, All at Bhilwara and Government sure of their decision because having a definite purpose was of utmost
Senior Secondary Girls School, Chittorgarh, Vision College of importance he added. He stated that it did not matter what one does,
Management, Chittorgarh. More than 3000 students taken together but what mattered was doing well in whatever one does as that would
attended these programmes. lead to success, and that honour or shame did not come from the
R.K. Jain, Chapter Chairman, V.S. Tapadia, Vice Chairman of the position one holds but from how one carried out ones duty. He stressed
Chapter, R.P. Agarwal, Past Chairman of the Chapter, I.J. Kalucha, on the importance of reading beyond a prescribed scope of study to
Consultant, the ICSI, Principals, Head of departments and other officials have a cutting edge; self reliance and awareness; developing skills
of the respective Institutions/colleges were participated in the programme. like Interpersonal skills; communication & decision making; thinking
During all these Career Awareness Programmes I.J. Kalucha, etc. to become high caliber professionals. He concluded by highlighting
Consultant, the ICSI explained the benefit and procedure for joining the the importance of perseverance to reach ones goals.
CS course. CDs for Career Awareness were also displayed. Reading
Gopalakrishna Hegde, Ex-Officio Member of the Chapter and
Material and other details were also provided to the students of various
S.M.Pramod Chapter Treasurer also addressed the students
institutions. Some handbooks and Prospectuses explaining the CS Course
highlighting the various programmes the Chapter conducts for the
were also provided to the Principals and Professors of these institutions.
benefit of students. About 100 students attended this programme.
Annual Day Celebration 2007
SOUTHERN INDIA REGIONAL COUNCIL On 12.8.2007 the Chapter commemorated its Annual Day by
organising a get-together of members, students and their family at
ORAL COACHING CLASSES FOR JUNE 2008 Hotel Woodlands, Bangalore. A. Ramaswamy, IAS, Principal Secretary,
EXAMINATIONS Department of Agriculture and Horticulture, Government of Karnataka
and past Council Member graced the occasion as the Chief Guest
The Regional Council proposes to conduct Oral Coaching
and V. Sreedharan, Practicing Company Secretary and past Council
Classes for Foundation and both Groups of Intermediate course
Member graced the occasion as the Guest of Honour.
for June 2008 examinations of the Institute as per the schedule
Dwarakanath C, Vice-Chairman of the Chapter gave a brief
given hereunder:
summary of the major programmes organised throughout the year
State Date of Timings Fees Last date for and the activities organised by the Chapter on account of its Annual
commence- receipt of Day Celebrations.
ment application The Chief Guest then addressed the gathering and emphasized
the fact that the Company Secretaries have a bigger and significant
Intermediate 29.10.2007 6.30 A.M. Rs. 3350/- 22.10.2007 role to play in the ever changing economic scenario. He also highlighted
Group-I to per group some of the emerging areas and opportunities for Company
(Morning) 8.30 A.M. Secretaries. He also stressed on the need for Company Secretaries
Intermediate 29.10.2007 6.00 P.M. Rs. 3350/- 22.10.2007 to be solution providers to the corporates.
Group-II to per group Gopalakrishna Hegde, Ex-Officio Member, of the Chapter gave a
(Evening) 8.00 P.M. brief summary about Institution of the Prize Award for Foundation,
Intermediate and Final students exhibiting brilliant performance in the
Foundation 19.11.2007 9.00 A.M. Rs. 3000/- 12.11.2007
Company Secretaryship Examination form Bangalore Centre.
(Morning) to
The Chief Guest distributed Cash Award & the Certificate to the
11.00 A.M.
meritorious students for the June and December 2006 CS
Foundation 19.11.2007 4.00 P.M. Rs. 3000/- 12.11.2007 examinations.
(Evening) to V. Sreedharan, Practicing Company Secretary and past Council
6.00 P.M. Member, the ICSI also addressed the gathering and commended the
Bangalore Chapter for all the achievements and work that was being
For further details contact: done and said that the committee and the members should do their
SIRC of the ICSI, New No. 9, Wheat Crofts Road, utmost to keep the Bangalore Chapter in the forefront in all activities
Nungambakkam, Chennai-600034 and should keep pushing forward to reach new heights.
Phone : (044) 28279898; 28268685 He also added that right now the profession is well placed and
Student Company Secretary 43 October 2007
News and Announcements
members should only be more confident and they should come forward Company Secretary Course. He said that the ICSI is gearing-up the
to support the Institute with new ideas, and other areas to aid the students to meet the future challenges in the corporate world by
profession reach new heights. He also added that right now the conducting various training programmes. He explained the purpose of
profession is well placed and members should only be more confident conducting SMTP.
and they should come forward to support the Institute with the new Dr. PVS Jagan Mohan Rao, Chief Guest in his address said that
ideas, and other areas to aid the profession to reach newer heights. mind is intensely eager to accommodate everything and need
The Guest of Honour then distributed prizes to members and concentration, completely focused and detached from the world and
students who won the various competitions previously conducted by also told that to master any brain first master the one next to you.
the Chapter. C.Sudhir Babu, Council Member, The ICSI also spoke on the
The Guest of Honour also presented a memento to Gopalakrishna importance of the training especially ADP, TOP & SMTP. R.Chandra
Hegde, Immediate Past Chairman, Bangalore Chapter and Ex-Officio Sekhar, Executive Officer coordinated the inaugural session.
Member, Bangalore Chapter of the ICSI, as a token of gratitude and Inauguration of Final (Gr II) Oral Coaching Classes
appreciation for his contribution to the Profession and the chapter during On 19.9.2007 the ICSI-Hyderabad Chapter commenced the Oral
his tenure as Chairman of the Managing Committee of the Bangalore Coaching Classes for the Final Group II students. SS Marthi, Chairman
Chapter of the ICSI. of the Chapter inaugurated the classes and welcomed the students
On the same evening, the Chapter also organised a cultural and explained the modalities of the Oral Coaching classes, the activities
programme and a Dinner. Around 250 members/students along with of the Chapter and advised the students to attend all the programmes
their families were present. conducted by the Chapter.
Teachers Day Celebrations
HYDERABAD CHAPTER
On 5.9.2007 the ICSI, Hyderabad Chapter celebrated Teachers
Career Awareness Programmes Day at its premises. Prof. . Venkata Ramaiah, Member, Executive
On 1.9.2007 the ICSI- Hyderabad Chapter organized Career Council, Osmania University & Principal, Pragathi Mahavidyalaya
Awareness Programmes at Kothagudam at Vivekavardhani Degree Degree & PG College, was the Chief Guest of the Day.
& PG College & Singareni Collieries Womens College. S.S.Marthi, S.S.Marthi, Chapter Chairman in his welcome address and
Chapter Chairman explained the students about the Institute, Structure explained the importance of the day.
of the Institute, Company Secretaryship Course, Registration, Syllabus, Rajnish C Popat, Chairman, Oral Coaching Committee explained
Fee structure, System of Coaching, Examination, Exemptions, the importance of the Day. He said that teachers have made us bright
Employment opportunities. Etc. He also explained the gathering the and to be beautiful in the world. He paid tributes to Dr. S.
advantages of professional courses as compared to the academic Radhakrishnan, former President, whose birth day is being celebrated
courses. Nearly 2000 [Intermediate Degree, PG] students attended as the Teachers Day.
the programmes. There was lively and active participation by the A.Venkata Ramaiah explained the importance of the Teachers Day
students present. Queries raised by the students were clarified by and also the profession of company secretaries. He also stressed on
S.S. Marthi assisted by R.Chandra Sekhar, Executive Officer of the hard work, goal setting, utilization of opportunity etc.
Chapter.
Students Seminar on How to Prepare & Write the
12th Training Orientation Programme (TOP) Professional Examination
On 3.9.2007 the ICSI-Hyderabad Chapter organized the 12th On 9.9.2007 the ICSI- Hyderabad Chapter organized a Seminar
Training Orientation Programme. J.Jawaharlal, Former Chairman of for the Students on How to prepare & Write the Professional
the Chapter & Southern Region inaugurated the programme. Examination at its Premises. Madduri Srinivas, Company Secretary in
S.S.Marthi Chairman of the Chapter presided over the function and in Practice explained the qualities essential for passing the examination,
his welcome address advised the students to focus more on practical motivation, exam preparation and about the prospects after
issues. C. Sudhir Babu, Council Member, The ICSI spoke on Company qualification. The programme received overwhelming response and
Secretary Profession, campus placements for training, importance of was greatly appreciated by the Students.
the Training and also advised the students to consider training very MANGALORE CHAPTER
seriously and make full use of it. J.Jawaharlal, Chief Guest explained
Career Awareness Programmes
the opportunities for Company Secretaries, balancing ethics, profession
& Practical aspects of business, develop practical outlook, importance On 14.8.2007 a Career Awareness Programme on Company
of Corporate Governance, Governance Management ethics, SEBI Secretary Course was organized at Besant Womens College,
requirements to force companies to follow ethics and importance of Commerce Dept. Mangalore. Ullas Kumar Melinamogaru, Chapter
audit committee etc. Chairman conducted the programme for the benefit of 200 B.Com
degree students who attended the programme.
On 7.9.2007 at the valedictory session of the TOP S.S. Marthi,
Chapter Chairman gave report of the Training Orientation Programme On 14.9.2007 another such programme was organized at Canara
S.S.Marthi, gave report of the Training Orientation Programme. Datla Pre-University College, Mangalore. The function was organised by
Hanumanta Raju, Council Member, the ICSI, also spoke on the the Commerce Association of the college and was attended by about
occasion. Lalit Mohan Chandna, Former Chairman of the Chapter was 150 students studying in P.U.C. The programme was conducted by
the Chief Guest. He advised the participants to develop the Ollas Kumar Melinamogaru. The Chairman during his address in both
communication skills, language, leadership qualities, and spare some the Institution highlighted the scope of the company secretary course,
of the time to extra-curricular activities. He also advised the students the subject details and also the admission formalities for the benefit of
to update the knowledge on regular basis, read the news papers, the students. The students showed keen interest in joining the course
Chartered Secretary, Student Bulletin regularly. after the programme.
Inauguration of Secretarial Modular Training Programme WESTERN INDIA REGIONAL COUNCIL
On 17.9.2007 the ICSI-Hyderabad Chapter organized the Inaugural
session of the 32nd Secretarial Modular Training Programme. The INDORE CHAPTER
programme was inaugurated by Dr. PVS Jagan Mohan Rao, Former Thirteenth Training Orientation Programme
President, and The ICSI. From 19.9.2007 to 23.9.2007 the Indore Chapter has successfully
S.S.Marthi, Chapter Chairman in his welcome address organized its 13th Training Orientation Programme at its premises .
congratulated the participants on their successful completion of Total thirty seven students participated in the programme.

Student Company Secretary 44 October 2007


News and Announcements
S.R.Totla, Practising Chartered Accountant and Senior member of 5th All India Moot Court Competition (Western Regional Round) at the
the ICSI was the Chief Guest of the programme who inaugurated the Chapter premises. Five outstation Chapter teams viz. Mumbai Chapter,
programme in presence of M.K.Apte, Chairman Indore Chapter, Ritesh Ahmedabad Chapter and Pune Chapter along with one team of the
Gupta, Secretary Indore Chapter, Kamlesh Joshi, Vice Chairman, Host Chapter took part in the competition.
Indore Chapter, Ashish Karodia, Chairman Programme Development First Day (12.8.2007): A brief inaugural address was given by the
Committee. Ritesh Gupta while addressing the participants explained Chapter Chairman Sushil Samdani. The judges were A.K.Modi, a senior
the importance of the Guru Shishya Parampara. member of the Institute and Past Central Council Member, Mahesh
During 5 days of the programme various faculties from different Thakar, a senior Company Secretary and Advocate, jaideep Verma,
fields delivered the lectures on the topics prescribed by the Institute Advocate and Dipen Shah, Advocate also briefed for the days
as under : proceedings. The Hon. Secretary Minal Mehta of the Chapter oriented
The topic Drafting of Minutes, Notices & Resolution was covered the participants about the competition and the rules and procedures
by D.K. Jain, Practising Company Secretary; Personality Development to be followed. In the preliminary rounds each team appeared twice
by Chhaya Gupta, Member of ICSI & Faculty at P.T; Significance of once as a respondent and then as a petitioner and faced different
Capital Market & Derivatives by Bhupendra Maheshwari, Member of team. East preliminary round was of 60 minutes wherein each team
ICSI Managing Committee; Group Discussion, Computer, Internet/e- was given 30 minutes time to present their case. Four teams were the
Mail by Yogendra Singh Rajawat, MCA, Faculty at Career Classes; winner of preliminary round one team each from Ahmedabad, Pune,
MCA an Overview by Nidhi Pillai, a Member of the ICSI; Statutory Mumbai and Vadodara.
Registers & Records by Manish Jain, a Member of the ICSI; Writing of Second Day (13.8.2007): The lots were drawn for the semi final
Curriculum Vitae & Interviews Techniques by Amiya Pahare, Professor rounds and the teams were informed whether they have to appear as
at Govt. College, Dewas(M.P); Communication Skill-Writing, Drafting petitioners or respondents. The semi finals were knock out rounds
& Speaking by Amol Apte, How to qualify professional examinations, and each round was of 100 minutes each team thus getting 50 minutes
Training with Practice or Employment by M.K. Apte Chairman of Indore time. Team from Pune (Narmada) and Team from Mumbai (Ganges)
appeared in the first round as petitioner and respondent.
Chapter; Code of Conduct by Ajit Jain, PCS & Past Chairman of the
Indore Chapter; Compliance of Companies Act in Context of E- Advocate Dipen Shah, Practising High Court Lawyer was the third
Governance by Anurodh Chaplot, Practising Chartered Accountant; judge for the second semi final round.
Organization Structure, Role & Function of Stock Exchange, SEBI, In the second semi final, team from Ahmedabad (Mahi) and team
RBI, DRT by Sandesh Yahslaha, Secretary, M.P. Stock Exchange from Vadodara (Tapi) appeared as the Petitioner and the respondent
Indore & member, ICSI; File management by Mukesh Garg, PCS & Team Mahi and Narmada were declared semi final winners and both
past Chairman of Indore Chapter; Time management & meaning of the teams proceeded for the Finals. Before dispersing lots were drawn
for the final round, Team Mahi was allotted respondent side and
Professional by Rajendra Kewalia, Past vice Chairman, Indore Chapter
Narmada the petitioner Side.
& Member of ICSI; Usefulness of Professional Development
Programme and Motivation by Ashok Mishra, a Member of the ICSI. Results and Award Ceremony: Team Mahi from Ahmedabad was
declared as the final winner of the WIRC Regional level. Dipti Dole of
At the valedictory session Rajendra Kewalia, Past Vice-Chairman the Narmada Team from Pune was awarded the First Prize for Best
was the Chief Guest who explained the importance of Training Corporate Lawyer and Aayush Mohta was awarded the second Prize
Orientation Programme. M.K. Apte while addressing the participants for Best corporate Lawyer. The First and Second Prizes for the best
explained the keys for successful practical life & inspired the memorial award were given to Team Mahi and Tapi respectively.
participants. All the participants shared their views one by one. In the Certificates were distributed to the participants and the winners.
last Rajendra Kewalia issued training completion certificate & group The Chapter Chairman summarized the events and thanked all for
photographs to the participants and Shrikunj Kabra and Rupal Agrawal making the event a success. He also noted that despite the fact that
were awarded as the best participants. the students are not provided with any formal training the oral and
NASHIK SATELLITE CHAPTER written presentation made by all the participating teams were excellent.
Students Day The contribution of the volunteers, Piyush and Chirag in the programme
On 8.9.2007 the Satellite Chapter jointly with Nasik Ojhar Chapter was also recognized by the Chapter Chairman.
of Cost Accountants organized Students Day. In the morning session
campus interviews were arranged for the successful students.
Companies like MICO, EPCOS, Jyoti Structures Ltd. Graphite India, STUDENTS QUIZ
Bizsol India, Supreme Pressfab, Marketeer etc. participated in Campus
interviews in which 85 students were interviewed and many of them PRIZE QUERY
were selected. This also was the unique event in the history of the A recognised Trade Union elected its office bearers not in
Institute. In the afternoon session, a seminar was conducted on accordance with the Rules in this regard of the Trade Union.
Communication & presentation Skills Shilpa Parkhi, a Cost
Can these office bearers be recognised as protected workmen?
Accountant from Nasik addressed on the occasion which was attended
by 100 students. CONDITIONS
THANE CHAPTER
1. Answer should not exceed one page typed in double space.
Oral Coaching Classes for Intermediate (Group I) The answer sheet should contain the name, registration number
W.e.f. 7.1.2008 the Chapter proposes to conduct Intermediate and address of the student.
(Gr.I) Oral Coaching Classes for June 2008 examinations. 2. Last date for receipt of answer is 16th November, 2007.
For further details contact the ICSI Thane Chapter at 203,
3. Two prizes (a first and a second) in kind will be awarded to the
Mankame Building,2nd Floor, Opp. Saraswati Book Depot,
Dattamandir Road, Thane (W)-400601, Phone No. (022) best answers and the names of the contributors will be published
25444479 or Asha Jaurkar Phone No. (022) 2544479. or R.T. in the Bulletin.
Raj Guroo Cell No. 98698 12904. 4. The envelope should be superscribed Students Query,
October 2007 and addressed by name to N.K. Jain, Secretary
VADODARA CHAPTER
& Chief Executive Officer, The Institute of Company
Fifth All India Moot Court Competition Regional Level Secretaries of India, ICSI House, 22, Institutional Area, Lodi
On 12 and 13.8.2007 the Vadodara Chapter successfully conducted Road, New Delhi-110003.

Student Company Secretary 45 October 2007


SMTP ORGANISED BY H.Q./REGIONAL COUNCILS/CHAPTERS
ELIGIBILITY OF PARTICIPANTS : ICSI final passed candidates. SMTP COURSE CONTENTS : Module I-Filling and Filing of Forms
under the Companies Act, 1956.  Module II-Practical and Procedural Aspects of Convening and Conducting Board Meetings & Annual
General Meetings and Related Aspects.  Module III-Managing Public Issues.  Module IV-Loan Documentation, Joint Ventures &
Foreign Collaborations, Raising Finance through EURO Issues & Export and Import Procedures and Documentation.  Module V-
Practical and Procedural Aspects relating to Appearance before CLB/Under SICA, Consumer Protection Act and Case Studies in RTP/
UTP. In addition, the participants would be exposed to case studies and mock board/general meeting, etc.
Organised by Duration of the Venue of Programme Contact Address
Programme
NIRC of 13.11.2007 NIRC Premises Executive Officer, NIRC of the ICSI, ICSI-NIRC Building, Plot No. 4,
the ICSI to Prasad Nagar Institutional Area, New Delhi-110005 Tel. : 011-
30.11.2007 25763090/25767190, 25816593 Fax : 25722662 E-mail :
niro@icsi.edu/icsi@eth.net
CCRT of the 28.03.2008 ICSI-CCRT, Plot No. 101, Programme Coordinator, ICSI-CCRT, Plot No. 101, Sector-15,
ICSI to Sector-15, Inst. area, CBD Institutional Area, CBD Belapur, Navi Mumbai-400614 Tel. : 022-
12.04.2008 Belapur, Navi Mumbai 27577814-16 Fax No. : 022-27574384 E-mail : ccrt@vsnl.com,
(Residential ccrt@icsi.edu
SMTP)

The schedule of other SMTPs proposed to be conducted is as under :


NIRC : 03.12.2007 to 20.12.2007

SCHEDULE OF ACADEMIC DEVELOPMENT PROGRAMMES (ADP)


Every student of the Institute, who has been sponsored for 15 months training either in a company or under a Company Secretary in Practice is
compulsorily required to attend and complete 25 Hours Academic Development Programme (ADP). The duration of each ADP would be eight hours
and those who have attended three such programmes would be deemed to have attended 25 Hours ADP.
Fee Rs. 250/- per participant
The Schedule of ADPs proposed to be organized by the Regional Councils is as under :-

Organised by Duration of the Venue of the Programme Contact Address


the Programme
SIRC of 15.11.2007 SIRO Premises Deputy Director, SIRO of the ICSI, ICSI-SIRC Building, New No. 9,
the ICSI Wheat Crofts Road, Nungambakkam, Channai-600034 Tel. : 044-
28279898/28222212 E-mail : siro@icsi.edu/ icsisiro@md3.vsnl.net.in.
NIRC of 17.11.2007 NIRO Premises Executive Officer, NIRC of the ICSI, ICSI-NIRC Building, Plot No. 4,
the ICSI Prasad Nagar, Institutional Area, New Delhi-110005 Tel. : 25763090/
25767190, 25816593 Fax : 25722662 (STD CODE : 011)
E-mail : niro@icsi.edu/icsi@eth.net
The schedule of other ADPs proposed to be conducted is as under : NIRC : (i) 15.12.2007

SCHEDULE OF TRAINING ORIENTATION PROGRAMMES (TOP)


Organised by Duration of the Venue of the Programme Contact Address
the Programme

EIRC of the 26.10.2007 EIRO Executive Officer, EIRO of the ICSI, ICSI-EIRC Building, 3-A, Ahiripukur
ICSI to Premises 1 st Lane, Kolkata-700019 Tel. No.22832973/22816541, Fax:033-
31.10.2007 22816542, E.Mail: eiro@icsi.edu
NIRC of 01.11.2007 NIRC Premises Executive Officer, NIRC of the ICSI, ICSI-NIRC Building, Plot No. 4,
the ICSI to Prasad Nagar Institutional Area, New Delhi-110005 Tel. : 25763090/
06.11.2007 25767190, 25816593 Fax : 25722662 (STD CODE : 011)
E-mail : niro@icsi.edu/icsi@eth.net
Jaipur Chapter 14.11.2007 Chapter Premises Execitive Officer, Jaipur Chapter, ICSI House, A-5/A, Institutional Area,
of NIRC of the to Jhalana Doongri, Jaipur-302004 Tel. : 0141-2707236
ICSI 18.11.2007

Student Company Secretary 46 October 2007


LIST OF THE COMPANIES REGISTERED FOR Cybage Software Limited 15 Months 5000
IMPARTING TRAINING DURING THE MONTH OF 25A/1, West Avenue, Kalyani Nagar, Training
AUGUST, 2007 Pune-411006
Region Training Stipend Diamond Cables Limited 15 and 03 Suitable
Type (Rs.) Essen House, 5/12, BIDC, Gorwa Months
NORTHERN Vadodara-390016 Practical Training

Cozy Enterprises Limited 15 Months 3500 Sutlej Textiles and Industries Limited 15 Months Suitable
302, 3rd Floor, 26/1503, Naiwalan Training Solaris Building No. 1, D-Wing, 4th Training
Karol Bagh, New Delhi-110005 Floor, Solaris Complex, Saki Vihar
Spentex Industries Limited 15 Months Suitable Road, Powai, Andheri (East)
A-60, Okhla Industrial Area Training Mumbai
Phase-II, New Delhi-110020 Welspun Gujarat Stahl Rohren Limited 15 Months Suitable
MAN Structurals Pvt. Ltd. 15 Months 2000 Trade World, "B" Wing, 9th Floor Training
P. Box-189, Near Loco Training Kamala Mills Compound Senapati
Jaipur-302006 Rajasthan Bapat Marg, Lower Parel,
Eldeco Infrastructure & Properties Ltd. 15 Months 7000- Mumbai-400013
SU 12-13, Bhika Cama Bhawan Training 10000 Hanil Era Textiles Limited 15 and 03 Suitable
Bhikaji Cama Place, New Delhi-110066 New Era House, Mogul Lane Months
Orient Craft Limited 15 Months Suitable Matunga (West) Mumbai-400016 Practical Training
7-D, Maruti Industrial Complex Training HDFC Standard Life Insurance Co. Ltd. 15 Months Suitable
Sector-18, Udyog Vihar,
Trade Star, A Wing, Second Floor Training
Gurgaon-122015
Andheri (East) Mumbai-400059
Reliance Haryana SEZ Limited 15 Months Suitable
EASTERN
Udyog Minar Building, Vanijya Training
Nikunj, Udyog Vihar, Phase-V Polar Pharma India Limited 15 Months Suitable
Gurgaon 113, Park Street, Poddar Point, Training
Alpha G. Corp Development Pvt. Ltd. 15 Months 6000- (8th Floor), Kolkata-700016
10th Floor, Ashoka Estate Training 10000 Kalyanpur Cements Limited 15 Months Suitable
24, Barakhamba Road, Maurya Centre, 1, Fraser Road Training
New Delhi-110001 P.O. Box 89, Patna-800001
Sino Credits and Leasing Limited 15 Months Suitable
North Eastern Publishing and 15 Months Suitable
308, Arunachal, 19, Barakhamba Training
Advertising Company Limited Training
Road, New Delhi-110001
Room Number 405, 4th Floor
Neel Metal Products Ltd. 15 and 03 Suitable
4, Synagogue Street, Kolkata-700001
601, Hemkunt Chambers Months
89, Nehru Place, New Delhi-110019 Practical Training Auroma Coke Limited 15 Months Suitable
Pan India Corporation Ltd. 15 Months 5000 Suite No. 706, Shanti Niketan Training
4/18, Asaf Ali Road, Training 8, Camac Street, Kolkata-700017
New Delhi-110002 SOUTHERN
Sharp Menthol India Limited 15 Months Suitable Cetex Petrochemicals Limited 15 Months Suitable
First Floor, Sagar Centre, Plot No. 9, Training 3A, Dhamodarapuram Main Road Training
Gujarwalan, Delhi-110009 Adyar, Chennai-600020
WESTERN
Securities Trading Corporation of 15 Months Suitable LIST OF PRACTISING MEMBERS REGISTERED FOR
India Limited Training THE PURPOSE OF IMPARTING APPRENTICESHIP
Marathon Emperor, Marathon Nextgen TRAINING DURING THE MONTH OF AUGUST, 2007
Compound Off Ganpatrao Kadam Marg, ANIL KUMAR JAIN PCSA-1542
Lower Parel (West) Mumbai-400013 Mina Bhawan, Kanchan Road
SEED Infotech Limited 15 Months 5000 Opp. Bora Service Bus Stand, Ulubari
"Panchsheel" 42/16 Erandawana Training Guwahati-781007
Income Tax Office Lane, Karve Road, SUSHMA GUPTA PCSA-1543
Pune-411004 Flat No. A-302, Pawittra Appartments,
Sri Adhikari Brothers Television 15 Months Suitable Vasundhra Enclave, Delhi-110096
Network Limited Training ASHISH KAPOOR PCSA-1544
Adhikari Chambers, Oberoi Complex F-150, Venus Appartments,
New Link Road, Andheri (W) Sector-9, Rohini, Delhi-85
Mumbai-400053
GUNJAN SAXENA PCSA-1545
The Phoenix Mills Limited 15 Months 8000
A-215, Westend Road, Meerut Cantt.
462, Senapati Bapat Marg Training
Meerut-250001
Lower Parel, Mumbai-400013
Student Company Secretary 47 October 2007
ANJALI C. KABRA PCSA-1546 BIR SHANKAR PCSA-1553
304, Trade House, Dhakkanwala E 20/5, Sector-3, Rohini, Delhi
Kuwan, 14/3, South Tukoganj,
R. BALACHANDRAN PCSA-1554
Indore-452001
Old No. 129, New No. 226, Srivilli Puthur Road
ASHISH KUMAR GUPTA PCSA-1547 Sivakasi-626123
U-75, First Floor, Kalra Complex,
Shakarpur, Delhi-92 VARSHA MEHTA PCSA-1555
74J, Bondel Road, 1st Floor, Kolkata-700019
SHWETA GARG PCSA-1548
L.G. 7, Silver Sanchora Castle, ANIL KUMAR CHADDHA PCSA-1556
7, R.N.T. Marg, Indore-452001 66-D, Block DA, Hari Nagar, New Delhi
SUDHIR NARAHARI KAMATH PCSA-1549 SHANKAR KUMAR PATNAIK PCSA-1557
D-38, Anu, Milan Subway 7A, Bentick Street, Suit No. 403, 4th Floor,
Santacruz (West), Mumbai-400054 Kolkata-700001
RATAN KAPADIA PCSA-1550 Y. RAVI PRASADA REDDY PCSA-1558
FRUTICO,
H.No. 12-6-2/236, Vivek Nagar,
1st Floor, Commissariate Building,
Kukatpally, Hyderabad-500072
Near Old Handloom House, Dr. D.N. Road
Fort, Mumbai-400001
VINEET SAHAY PCSA-1551
110, Kamakshi, Plot No. 28, Sector-6,
EMPANELMENT OF PRIVATE COACHING
Dwarka, New Delhi-110075 CENTRES FOR CONDUCTING ORAL
SANJAY KUMAR JAIN PCSA-1552
A-20, Jai Mata Vaishno Nagar, Ajmer Bye COACHING CLASSES FOR CS STUDENTS
Pass Road, Gajsinghpura, Jaipur-302024
ON BEHALF OF THE INSTITUTE
In a path-breaking initiative, the Council of The
Institute of Company Secretaries of India has decided
to empanel Private Coaching Centres for conducting
the Oral Coaching Classes for the students undergoing
CS Course on behalf of the Institute. At present, the
Institute is conducting the Oral Coaching Classes on its
own through its Regional Councils/ Chapters/ Satellite
Chapters.
This landmark decision will undoubtedly have a far
reaching impact on the entire Oral Coaching System
under the Company Secretaryship Course and it
provides a golden opportunity to reputed Coaching
Centres in the private sector to get associated with one
of the premier professional institutes in India constituted
under Company Secretaries Act, 1980, functioning under
the administrative jurisdiction of Ministry of Corporate
Affairs, Government of India.
The Institute invites applications from interested
institutions for conducting Oral Coaching Classes for CS
Students under the aforesaid Scheme. The Regional
Councils/ Chapters/ Satellite Chapters of the Institute
scattered all over India have been authorized to
scrutinize and forward the applications to Headquarters
after preliminary assessment of infrastructure, etc. in
the respective areas along with their recommendations.
For format of application, comprehensive guidelines and
modus operandi of the Scheme, please visit the
Institutes website www.icsi.edu OR send an
application directly to:-

Shri Sohan Lal, Joint Director (Student Services)


The Institute of Company Secretaries of India,
C-37,Sector-62, NOIDA-201301

Student Company Secretary 48 October 2007


SHIFTING OF STUDENT SERVICES SECTION
In order to provide Single Window Services to the students - in close co-ordination with the Directorate of Information Technology,
Directorate of Examinations and Directorate of Finance & Accounts - the Directorate of Student Services has been shifted from 17th
August, 2007 to a more spacious building located at Noida; which is one of the fully developed townships in the periphery of Delhi and also
home to some of the big names in the field of Information Technology / IT Enabled Services. In view of the above, effective from 17th
August, 2007 for all queries and services, students are advised to contact the following address: -

Joint Director (Student Services)


The Institute of Company Secretaries of India
C-37, Sector-62, NOIDA 201 301

Further, the contact numbers and E-Mail ids of the contact persons for various queries and services are furnished below. Students may
please note that, it is in their own interest to address the query to the right person for prompt response.

S. Nature of Query Contact Person Telephone Number E-Mail id


No. (STD Code :0120;
From Delhi : 95120)

1. Registration Status/ Issue of Study


Material, etc. for

(a) Intermediate Course Ms. Hema Malini/ 4239999 ss_reg@icsi.edu


Ms. Anju Gupta

(b) Foundation Course Ms. Kavita Amarjeet / 4239998 ss_fond@icsi.edu


Ms. Seema Kamboj

(c) Denovo/Extn./Final Enrolment Ms. Shobha Bhaskar/ 4239996 ss_post@icsi.edu


Ms. Harvinder Kaur

2. Paper-wise Exemption/ Non-receipt Mr. B S Chopra/ 4239996 ss_enrol@icsi.edu


of Registration Letter/ Identity Card/ Mr. Om Prakash ss_misc@icsi.edu
Student Company Secretary Bulletin/
CS Foundation Course Bulletin

3. Coaching Completion Certificates/ Mr. Vinod Jetly/ 4239997 ss_coaching@icsi.edu


Suggested Answers and Response Ms. Neelam Wadhwa
Sheet Status / Compulsory Computer
Training

4. Issue of Admission Certificate for Mr. T P Balasubramanian/ 4239995 ss_lic@icsi.edu


Examinations Ms. Durga Shankar
5. Duplicate Pass Certificiate
(a) Intermediate Mr. S P Singh/ Ms. Prem Lata 4239993 spsingh@icsi.edu

(b) Foundation/ Final Ms. Durga Shankar/ 4239995 ss_lic@icsi.edu


Ms. Archana Goel

6. Transcripts/ Verification of Mr. S P Singh/ 4239993 ss_lic@icsi.edu


Qualifications (only for students) Ms. Durga Shankar

In case of any difficulty, Shri Sohan Lal, Joint Director(Student Services) may be contacted at Tel. No. 4239994.
COMPANY SECRETARIES EXAMINATIONS DECEMBER, 2007
TIME TABLE & PROGRAMME
MORNING SESSION AFTER-NOON SESSION
9.30 AM TO 12.30 PM 1.30 PM TO 4.30 PM
DATE AND
FINAL FOUNDATION INTERMEDIATE
DAY
26.12.2007 Advanced Company General and Commercial Laws
Regn. No. 42947/84

Wednesday Law and Practice


27.12.2007 Secretarial Practice relating to
Thursday Economic Laws and Drafting Company Accounts and Cost &
& Conveyancing Management Accounting

GROUP-I
Posting Date : 20/21-10-2007

28.12.2007 Secretarial, Management Tax Laws

GROUP-I
Friday and Systems Audit
29.12.2007 Financial, Treasury Management Information Systems
Saturdary and Forex Management & Corporate Communication
30.12.2007 Corporate Restructuring English and Business Company Law
Sunday Law and Practice Communication
31.12.2007 Banking and Insurance Basic Economics & Company Secretarial Practice

GROUP-II
Monday Law & Practice Business Environment
01.01.2008 World Trade Organisation
Tuesday International Trade, Financial Accounting Economic, Labour and Industrial Laws
Joint Ventures and
Foreign Collaborations GROUP-II
02.01.2008 Direct and Indirect Taxation Elements of Business Laws Securities Laws and Regulation
Wednesday Law and Practice and Management of Financial Markets

GROUP-III
03.01.2008 Human Resources Management and Information Systems and
Thursday Industrial Relations Quantitative Techniques

Delhi.

SECRETARIES OF INDIA
MODE OF PAYMENT
FOR PROMPT REPLY

Lodi Road, New Delhi-110003.


If undelivered, please return to:
correspondence for prompt reply.

favour of The Institute of Company


crossed demand draft drawn in

Secretaries of India, payable at New


the Institute may be remitted only by
All fees and other dues payable to
 Licence No. U (C) 130/2006-08
Licensed to post without prepayment at N.D.P.S.O.
Delhi Postal Regn. No. DL(S)01/3167/2006-07-08

THE INSTITUTE OF COMPANY

ICSI House, 22, Institutional Area,


their Registration Number in all
Students are requested to quote