In this Chapter, unless the context otherwise requires,
(85) "practising company secretary" means a person who is a member of the Institute of Company Secretaries of India and is holding a certificate of practice granted under the provisions of the Company Secretaries Act,1980 (56 of 1980) and includes any concern engaged in rendering services in the field of company secretaryship;
Section 2(2): Practicing Company Secretary.
Save as otherwise provided in this Act, a member of the Institute shall be deemed "to be in practice" when, individually or in partnership with one or more members of the Institute in practice or in partnership with members of such other recognised professions as may be prescribed, he, in consideration of remuneration received or to be received,-
(a) engages himself in the practice of the profession of Company Secretaries to, or in relation to, any company or
(b) Officers to perform or performs services in relation to the promotion, forming, incorporation, amalgamation, reconstruction, reorganisation or winding up of companies; or
(c) offer to perform or performs such services as may be performed by-
(i) an authorised representative of a company with respect to filing, registering, presenting, attesting or verifying any documents (including forms, applications and returns) by or on behalf of the company.
(ii) a share transfer agent,
(iii) an issue house,
(iv) a share and stock broker,
(v) a secretarial auditor or consultant.
(vi) an adviser to a company on management, including any legal or procedural matter falling under the Capital issues (Control) Act, 1947 (29 or 1947), the Industries (Development and Regulation), Act,1951 (65 of 1951), the Companies Act, the Securities Contracts (Regulation) Act, 1956(42 of 1956), any of the rules or bye-laws made by a recognised Stock Exchange, the Monopolies and Restrictive Trade Practices Act, 1973 (46 of 1973), or under any other law for the time being in force; or
(vii) issuing certificates on behalf of, or for the purposes of, a company; or
(d) holds himself out to the public as a Company Secretary in practice; or
(e) renders professional services or assistance with respect to matters of principle or detail relating to the practice of the profession of Company Secretaries; or
(f) renders such other services as, in the opinion of the Council, are or may be rendered by a Company Secretary in practice; and the words "to be in practice" with their grammatical variations and cognate expressions, shall be construed accordingly.