Section 2(45), as modified by the Companies (Amendment) Act, 1974, defines a company secretary as follows: “Secretary means any individual possessing the prescribed qualifications appointed to perform the duties which may be performed by a Secretary under this Act and any other ministerial or administrative duties”.
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FORM OF AGREEMENT FOR THE APPOINTMENT OF A SECRETARY :
An agreement made on the….day of19….between………………Ltd. (here in after called the Company) of the one part, and Mr…………………………………… of the other part whereby it is agreed as follows:
ADVERTISEMENTS:
(1) The said Mr………………………………………….shall be the Secretary of the Company for a period of years from the date hereof.
(2) The salary of the said Mr……..as such secretary as aforesaid shall be a sum of Rs… .per month beginning from…….19…..
(3) The said Mr…………………………………………shall unless prevented by reason of ill health during the continuation of this agreement devote the whole of his time and attention to the affairs of the company and shall obey the orders of the Board of Directors for the time being and shall use his best endeavours to promote the interests of the company.
(4) The said Mr………………………………… will be entitled to leave of absence with full pay for a period…….in each year and not exceeding…..weeks in a year.
ADVERTISEMENTS:
(5) This agreement may be revoked by either party by giving to the other…. month^’ notice in writing or salary in lieu thereof.
Witness
Sd.
ADVERTISEMENTS:
……………………………. Director
……………………………
………………………….. (Appointee)
Under Section 303 of the Act, every appointment of a secretary must be recorded in the Register of Directors etc, and a notice of his appointment must also be sent to the Registrar of Companies.