SectionsParticulars
Chapter IPreliminary
1Short title, extent and commencement
(1) This Act may be called the Chartered Accountants Act, 1949. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central ...
2Interpretation
(1) In this Act, unless there is anything repugnant in the subject or context- (a) "associate" means an associate member of the Institute; (b) "chartered acc...
Chapter IIThe Institute Of Chartered Accountants Of India
3Incorporation of the Institute
(1) All persons whose names are entered in the Register at the commencement of this Act and all persons who may hereafter have their names entered in the Reg...
4Entry of names in the Register
(1) Any of the following persons shall be entitled to have his name entered in the Register, namely,- (i) any person who is a registered accountant or a hold...
5Fellows and associates
(1) The members of the Institute shall be divided into two classes designated respectively as associates and fellows. (2) Any person shall, on his name being ...
6Certificate of practice
(1) No member of the Institute shall be entitled to practice whether in India or elsewhere unless he has obtained from the Council a certificate of practice: ...
7Members to be known as Chartered Accountants
Every member of the Institute in practice shall, and any other member may, use the designation of a chartered accountant and no member using such designation...
8Disabilities
Notwithstanding anything contained in section 4, a person shall not be entitled to have his name entered in or borne on the Register if he- (i) has not attaine...
Chapter IIICouncil Of The Institute
9Constitution of the Council of the Institute
(1) There shall be a Council of the Institute for the management of the affairs of the Institute and for discharging the functions assigned to it under this ...
10Mode of election to the Council
(1) Elections under clause (a) of sub-section (2) of section 9 shall be conducted in the prescribed manner. (2) Where any dispute arises regarding any such ele...
11Nomination in default of election or nomination
11. If any body of persons referred to in section 9 fails to elect any of the members of the Council which it is empowered under that section to elect, the C...
12President and Vice-President
(1) The Council at its first meeting shall elect two of its members to be respectively the President and the Vice-President thereof, and so often as the offi...
13Resignation of membership and casual vacancies
(1) Any member of the Council may at any time resign his membership by writing under his hand addressed to the President, and the seat of such member shall be...
14Duration and dissolution of Council
14. (1) The duration of any Council constituted under this Act shall be three years from the date of its first meeting, on the expiry of which it shall stand ...
15Functions of the Council
15. (1) The duty of carrying out the provisions of this Act shall be vested in the Council. (2) In particular, and without prejudice to the generality of the ...
16Staff, remuneration and allowances
(1) For the efficient performance of its duties, the Council may- (a) appoint a Secretary who may also, if so decided by the Council, act as Treasurer; (b) a...
17Committees of the Council
(1) The Council shall constitute from amongst its members the following Standing Committees, namely: (i) an Executive Committee, (ii) an Examination Committee...
18Finances of the Council
(1) There shall be established a fund under the management and control of the Council into which shall be paid all moneys received by the Council and out of ...
Chapter IVRegister Of Members
19Register
(1) The Council shall maintain in the prescribed manner a Register of the Members of the Institute. (2) The Register shall include the following particulars a...
20Removal from the Register
(1) The Council may remove from the Register the name of any member of the Institute- (a) who is dead; or (b) from whom a request has been received to that e...
Chapter VMisconduct
21Procedure in inquiries relating to misconduct of members of Institute
(1) Where on receipt of information by, or of a complaint made to it, the Council is prima facie of opinion that any member of the Institute has been guilty ...
22Professional misconduct defined
For the purposes of this Act, the expression "professional misconduct" shall be deemed to include any act or omission specified in any of the Schedules, but ...
22AAppeals
(1) Any member of the Institute aggrieved by any order of the Council imposing on him any of the penalties referred to in sub-section (4) of section 21, may, ...
Chapter VIRegional Councils
23Constitution and functions of Regional Councils
(1) For the purpose of advising and assisting it on matters concerning its functions, the Council may constitute such Regional Councils as and when it deems ...
Chapter VIIPenalties
24Penalty for falsely claiming to be a member, etc.
Any person who- (i) not being a member of the Institute- (a) represents that he is a member of the Institute; or (b) uses the designation Chartered Accountant...
24APenalty for using name of the Council, awarding degrees of chartered accountancy, etc.
(1) Save as otherwise provided in this Act, no person shall- (i)use a name or a common seal which is identical with the name or the common seal of the Institut...
25Companies not to engage in accountancy
(1) No company, whether incorporated in India or elsewhere, shall practice as chartered accountants. (2) If any company contravenes the provisions of sub-secti...
26Unqualified persons not to sign documents
(1) No person other than a member of the Institute shall sign any document on behalf of a chartered accountant in practice or a firm of such chartered accoun...
27Maintenance of branch offices
(1) Where a chartered accountant in practice or a firm of such chartered accountants has more than one office in India, each one of such offices shall be in t...
28Sanction to prosecute
No person shall be prosecuted under this Act except on a complaint made by or under the order of the Council or of the Central Government. ...
Chapter VIIIMiscellaneous
29Reciprocity
(1) Where any country, specified by the Central Government in this behalf by notification in the Official Gazette, prevents persons of Indian domicile from b...
30Power to make regulations
(1) The Council may, by notifications in the Gazette of India, make regulations for the purpose of carrying out the objects of this Act, and a copy of such r...
30APowers of Central Government to direct regulations to be made or to make or amend regulation
(1) Where the Central Government considers it expedient so to do, it may, by order in writing, direct the Council to make any regulations or to amend or revok...
30BLaying of Regulations
Every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total ...
31Construction of references
Any reference to a chartered accountant or a registered accountant or a certified or qualified auditor in any other law or in any document whatsoever shall b...
32Act not to affect right of accountants to practice as such in Part B States
Nothing contained in this Act shall affect the right of any person who, at the commencement of this Act, is entitled to engage himself in the practice of acc...
33[Repealed by the Repealing and Amending Act, 1952 (48 of 1952)]
Schedule IPart I
A chartered accountant in practice shall be deemed to be guilty of professional misconduct, if he- (1) allows any person to practice in his name as a chartered...
Part II
A member of the Institute (other than a member in practice) shall be deemed to be guilty of professional misconduct, if he being an employee of any company, f...
Part III
A member of the Institute, whether in practice or not, shall be deemed to be guilty of professional misconduct, if he- (1) includes, in any statement, return o...
Schedule IIPart I
A chartered accountant in practice shall be deemed to be guilty of professional misconduct, if he- (1) discloses information acquired in the course of his pro...
Part II
A member of the Institute, whether in practice or not, shall be deemed to be guilty of professional misconduct, if he- (i) contravenes any of the provisions of...
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