ICAI to form Panel for enforcement of Election Code of Conduct

Panel for enforcement of ICAI Election Code of Conduct consisting of Returning Officer, 2 other officers either from MCA or from ECI/other Ministry or Department

MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION

New Delhi, the 23rd August, 2018

G.S.R. 796(E).—In exercise of the powers conferred by clause (a) of sub- section (2) of section 29A read with clause (a) of sub-section (2) of section 9 of the Chartered Accountants Act, 1949 (38 of 1949), the Central Government hereby makes the following rules further to amend the Chartered Accountants (Election to the Council) Rules, 2006, namely:-

1. (1) These rules may be called the Chartered Accountants (Election to the Council) Amendment Rules, 2018.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Chartered Accountants (Election to the Council) Rule, 2006 (hereinafter referred to as the said rules), in rule 16, after sub-rule (4), the following sub-rules shall be inserted, namely:-

“(5) The Council shall appoint a Panel for enforcement of Election Code of Conduct consisting of Returning Officer and two other officers either from the Ministry of Corporate Affairs or from the Election Commission of India or from any other Ministry or Department of the Central Government.

(6) Immediately upon receipt of a complaint either by post or e-mail alleging violation of the Election Code of Conduct, the Returning Officer shall forward a copy of the complaint to the member against whom the complaint has been made asking him to submit his written statement within seven days of the receipt of the said complaint by him.

(7) On receipt of written statement, the Returning Officer shall place the complaint and written statement along with additional documents if any, before the Panel for its consideration.

Provided that if the written statement is not submitted, within seven days, by the member against whom complaint has been made, the Returning Officer shall presume that the member has nothing to state and take further action as per this rule.

(8) On consideration of the complaint and written statement of the member if any, if the Panel is of the view that the member has violated any one or more provisions of the Election Code of Conduct or rule 42, it shall refer the complaint along with its opinion to the Director (Discipline) for further investigation.

(9) The Panel shall have power to regulate its procedure: Provided that the complaint referred above shall be disposed of by the Panel within fifteen days from the date of its receipt by the Panel.”.

3. In the said rules, in rule, 20 in sub-rule (2), in clause (a) and (b), the words “or Roman” and “or in words” shall be omitted.

4. In the said rules, in rule 25, after sub-rule (2), the following sub-rule shall be inserted, namely:-

“(3) Each ballot paper shall contain a counterfoil, and the serial number of the ballot paper shall be printed on the counter foil.”

5. In the said rules, in rule 31, in clauses (c) (d) and (e), the words “or Roman” and “or in words” shall be omitted.

6. In the said rules, in rule 32, for the words “of the Institute”, the words “or regional office of the Institute, as the case may be,” shall be substituted.

7. In the said rules, in schedule 6, in clause 7, in sub-clause (1), for the words “of the Institute”, the words “or regional office of the Institute, as the case may be,” shall be substituted.

[F. No. 1/12/2007-IGC/PI]

ANURAG AGARWAL. Jt. Secy.

Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3 Sub-section (i)
vide number G.S.R. 534(E), dated the 5th September, 2006 and subsequently amended vide numbers
G.S.R. 553(E), dated the 23rd July, 2008 and number G.S.R. 110(E), dated the 25th February, 2011