ICAI Disciplinary Committee, Role & Scope of Work

ICAI Disciplinary Committee, Role & Scope of Work

1. Disciplinary Committee (old) under section 21D of the Chartered Accountants Act, 1949

(i) To investigate and hold enquiries in respect of a complaint or Information against a member of the Institute under Section 21 (pending with the Council prior to the date of coming into force of the new Disciplinary Mechanism i.e. 17th November, 2006), where the Council is prima facie of opinion that the member has been guilty of any professional or other misconduct.

(ii) Summoning of witnesses related to the case, enforcing their attendance and examining them on oath.

(iii) Discovery and production of any documents and receiving evidences on affidavit.

(iv) To submit its Report of enquire to the Council of the Institute for its consideration and for award of punishment/making recommendation of punishment to the High Court.

2. Board of Discipline under section 21A of the Chartered Accountants (Amendment) Act, 2006

The Board of Discipline has been constituted by the Council of the Institute under Section 21A of the Chartered Accountants (Amendment) Act, 2006.

(i) To consider the prima facie opinion of the Director (Discipline) in respect of All Information and Complaints where opinion of the Director is that the member is prima facie guilty of professional or other misconduct mentioned in the First Schedule to the Act and all cases where prima facie opinion is that the member is not guilty of any professional or other misconduct irrespective of Schedules and passing of Orders.

(ii) To enquire into, arrive at a finding and thereafter award punishment in respect of guilty cases of any professional misconduct mentioned in First Schedule to the Act.

(iii) To consider letter of withdrawal from Complainants and permit withdrawal if, the circumstances so warrant.

3. Disciplinary Committee New under section 21B of the Chartered Accountants (Amendment) Act, 2006

The Disciplinary Committee has been constituted by the Council of the Institute under Section 21B of the Chartered Accountants (Amendment) Act, 2006.

The Scope of Work of the committee includes:

(i) To consider the prima facie opinion of the Director (Discipline) in respect of All Information and Complaints where opinion of the Director is that the member is prima facie guilty of professional or other misconduct mentioned
in the Second Schedule or in Both the Schedules to the Act and passing of Orders.

(ii) To enquire into the allegations of professional or other misconduct, issuing notices to the witnesses and their examinations, arrive at a finding and award punishment in respect of guilty cases of any professional or other misconduct mentioned in Second Schedule or in Both the Schedules to the Act.

(iii) To consider letter of withdrawal from Complainants and permit withdrawal if, the circumstances so warrant.

For Regular Updates Join : https://t.me/Studycafe

Tags : ICAI, ICAI Update, CA Update

The post ICAI Disciplinary Committee, Role & Scope of Work appeared first on Studycafe.

from Studycafe https://ift.tt/2MvmR5L