Study the following case/situation and express your opinion.

1) Rajiv and Sanjiv have applied for the post of Company Secretary at Pharma India Pvt. Ltd.
Rajiv has an experience of 10 years as a personal Secretary. He later worked as a Secretary
at Venus Co-operative bank for 2 years. Sanjiv has passed his CS examination and is a
member of ICSI. He has no working experience. Rajiv is only a commerce graduate.
Questions:
a) Who is better suited for the above post? Justify your answer.
Ans:-
(1) Sanjiv is better suited for the post of company secretary at Pharma India Pvt. Ltd.
(2) As per Section 203 of the Companies Act. 2013 the Company Secretary must be a member of the Institute of Company Secretaries of India (ICSI). Sanjiv is an associate member of ICSI. In addition to this he has also passed Civil Services (CS) examination. Hence, Sanjiv is better suited for the post of Company Secretary. Rajiv is only a commerce graduate and has experience of 10 years as a personal secretary, but he is not associate member of ICSI. Hence, Rajiv is not suited for the post of company secretary.

b) Can Rajiv be selected as a Personal Assistant for one of the Directors?
Ans:- Rajiv can be selected as Personal Assistant for one of the Directors. This is because a personal secretary as such does not require any specific qualification. Rajiv is a commerce graduate and has an experience of 10 years as a personal secretary.

c) Can Rajiv be appointed as Secretary to Pharma India Pvt. Ltd.?
Ans:- Rajiv cannot be appointed as Secretary to Pharma India Pvt. Ltd. This is because he is not a, member of ICSI.

2) Harshada has cleared her CS examination and intends to make her career as a Secretary at the Government department.
a) Can she apply for the post of a Secretary at Government Department?
Ans:- Harshada cannot apply for the post of a Secretary at Government Department. Although she has cleared her Civil Services (CS) examination, she is not in Indian Administrative Services (IAS) which is an essential requirement for the post of a secretary at Government Department.

b) Can she be appointed as the Secretary of ABC Ltd.?
Ans:- Harshada cannot be appointed as the Secretary of ABC Ltd. if ABC Ltd. is a company. This is because she is not associate member of the Institute of Company Secretaries of India (ICSI).

c) As a Company Secretary will Harshada be considered as an employee?
Ans:- Harshada will not be considered as an employee for a Company Secretary. She is not associate member of ICSI