Disciplinary Directorate
Section 21 of the Company Secretaries Act, 1980 deals with disciplinary Directorate. The Council shall, by notification, establish a Disciplinary Directorate headed by an officer of the Institute designated as Director (Discipline) and such other employees for making investigations in respect of any information or complaint received by it. The Act came into force on 01 Jan 1981.
1[21. Disciplinary Directorate.-- (1) The Council shall, by notification, establish a Disciplinary Directorate headed by an officer of the Institute designated as Director (Discipline) and such other employees for making investigations in respect of any information or complaint received by it.
(2) On receipt of any information or complaint along with the prescribed fee, the Director (Discipline) shall arrive at a prima facie opinion on the occurrence of the alleged misconduct.
(3) Where the Director (Discipline) is of the opinion that a member is guilty of any professional or other misconduct mentioned in the First Schedule, he shall place the matter before the Board of Discipline and where the Director (Discipline) is of the opinion that a member is guilty of any professional or other misconduct mentioned in the Second Schedule or in both the Schedules, he shall place the matter before the Disciplinary Committee.
(4) In order to make investigations under the provisions of this Act, the Disciplinary Directorate shall follow such procedure as may be specified.
(5) Where a complainant withdraws the complaint, the Director (Discipline) shall place such withdrawal before the Board of Discipline or as the case may be, the Disciplinary Committee, and the said Board or Committee may, if it is of the view that the circumstances so warrant, permit the withdrawal at any stage.]
Section 21, The Company Secretaries Act, 1980 (Act 56 of 1980).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Madhusudan Biharilal Baheti v. Institute of Company Secretaries of India
Court's Decision & Legal Precedent
DATE VERIFIED Order: Disciplinary Committee order dismissing professional-misconduct complaint under Company Secretaries Act s.21 read with CS Rules set aside and remanded; Committee had proceeded without affording complainants hearing required after Director (Discipline) prima facie opinion under the s.21 disciplinary pathway.
On this section: s.21 — Disciplinary Directorate; complaint/hearing pathway before Disciplinary Committee
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
3 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Another 2 instruments name this provision in its title or its text without being made under it.
Questions about Section 21
What have the courts held on Section 21 of the Company Secretaries Act?
Madhusudan Biharilal Baheti v. Institute of Company Secretaries of India (16 May 2025) is the leading judgment on this section among those set out below: s.21 — Disciplinary Directorate; complaint/hearing pathway before Disciplinary Committee.
How do I find court cases under Section 21 of the Company Secretaries Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Company Secretaries Act 1980 21, section 21 Company Secretaries Act 1980, section 21 of the Company Secretaries Act. People searching for it also type 21b of company secretaries act and section 21 of company secretaries act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Madhusudan Biharilal Baheti v. Institute of Company Secretaries of India (16 May 2025).
What should I read with Section 21 of the Company Secretaries Act, and has it changed?
4 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 3: most recently Establishment of Tribunal under Company Secretaries(Election Tribunal) Rules, 2006 (2015), then Framing of Rules under Section 38(A), sub section 2, clause c and d of the Company Secretaries Act 1980 (2007), and 1 more.
When did Section 21 of the Company Secretaries Act come into force?
Section 21 of the Company Secretaries Act, cited as Company Secretaries Act 1980 21, came into force on 01 Jan 1981, having been enacted on 10 Dec 1980. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions and interpretation883 words
- 39. Power to make regulations848 words
- 18. Finances of the Council517 words
- 4. Entry of names in the Register of members436 words
- 5. Associates and Fellows378 words
- 15. Functions of Council343 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.