Appeals
33. 1
[***]
Alteration in the Register and cancellation of certificate.
34. (1) Where an order is made under this Act reprimanding a member a record of the
punishment shall be entered against his name in the Register.
(2) Where the name of any member is removed, the certificate of practice granted to him under
this Act shall be recalled and cancelled.
Directions of the Central Government.
35. (1) The Central Government may from time to time issue such directions to the Council as in
the opinion of the Central Government are conducive to the fulfilment of the objects of this Act
and in the discharge of its functions, the Council shall be bound to carry out any such directions.
(2) Directions issued under sub-section (1) may include directions to the Council to make any
regulations or to amend or revoke any regulations already made.
(3) If, in the opinion of the Central Government the Council has persistently made default in giving
effect to the directions issued under this section, the Central Government may, after giving an
opportunity to the Council to state its case, by order, dissolve the Council, whereafter a new
Council shall be constituted in accordance with the provisions of this Act with effect from such
date as may be specified by the Central Government.
(4) Where the Central Government passes an order under sub-section (3) dissolving the Council,
it may, pending the constitution of a new Council in accordance with the provisions of this Act,
authorise any person or body of persons to take over the management of the affairs of the
Institute and to exercise such functions as may be specified in this behalf by the Central
Government.
____________________________
1Omitted by the Cost and Works Accountants (Amendment) Act, 2006, w.e.f.17-11-2006. Prior to its omission, section 33
read as under:
‘33. Appeals.—(1) Any member of the Institute aggrieved by any order of the Council imposing on him any of the
penalties referred to in clause (a) or clause (b) of sub-section (4) of section 21, may, within thirty days of the date on
which the order is communicated to him, prefer an appeal to the High Court :
Provided that the High Court may entertain any such appeal after the expiry of the said period of thirty days, if it is
satisfied that the member was prevented by sufficient cause from filing the appeal in time.
(2) The High Court may, on its own motion or otherwise, after calling for the records of any case, revise any order
made by the Council under sub-section (2) or sub-section (4) of section 21 and may—
(a) confirm, modify or set aside the order;
(b) impose any penalty or set aside, reduce, confirm or enhance the penalty imposed by the order;
(c) remit the case to the Council for such further enquiry as the High Court considers proper in the circumstances
of the case;
(d) pass such other order as the High Court thinks fit :
Provided that no order of the Council shall be modified or set aside unless the Council has been given an opportunity
of being heard and no order imposing or enhancing a penalty shall be passed unless the person concerned has
been given an opportunity of being heard.
Explanation: In this section “High Court” and “member of the Institute” have the same meanings as in section 21.’
26
1
[Protection of action taken in good faith.
36. No suit, prosecution or other legal proceeding shall lie against the Central Government or the
Council or the Authority or the Disciplinary Committee or the Tribunal or the Board or the Board of
Discipline or the Disciplinary Directorate or any officer of that Government, Council, Authority,
Disciplinary Committee, Tribunal, Board, Board of Discipline or the Disciplinary Directorate, for
anything which is in good faith done or intended to be done under this Act or any rule, regulation,
notification, direction or order made thereunder.]
2
[Members, etc., to be public servants.
36A. The Chairperson, Presiding Officer, members and other officers and employees of the
Authority, Disciplinary Committee, Tribunal, Board, Board of Discipline or the Disciplinary
Directorate shall be deemed to be public servants within the meaning of section 21 of the Indian
Penal Code (45 of 1860).]
Maintenance of branch offices.
37. (1) Where a cost accountant in practice or a firm of such cost accountants has more than one
office in India, each one of such offices shall be in the separate charge of a member of the
Institute :
Provided that the Council may in suitable cases exempt any cost accountant in practice or firm of
such cost accountants from the operation of this sub-section.
(2) Every cost accountant in practice or firm of such cost accountants maintaining more than one
office shall send to the Council a list of offices and the persons in charge thereof and shall keep
the Council informed of any changes in relation thereto.
Reciprocity.
38. (1) Where any country, specified by the Central Government in this behalf by notification in
the Official Gazette, prevents persons of Indian domicile from becoming members of any
institution similar to the Institute established under this Act or from practising the profession of
cost accountancy or subjects them to unfair discrimination in that country, no subject of any such
country shall be entitled to become a member of the Institute or practise the profession of cost
accountancy, in India.
(2) Subject to the provisions of sub-section (1), the Council may prescribe the conditions, if any,
subject to which foreign qualifications relating to cost accountancy shall be recognised for the
purposes of entry in the Register.
____________________________
1Substituted by the Cost and Works Accountants (Amendment) Act, 2006, w.e.f. 17-11-2006. Prior to its substitution,
section 36 read as under :
“36. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against the
Central Government or the Council in respect of anything which is in good faith done or intended to be done in
pursuance of this Act or of any regulations or orders made thereunder.”
2
Inserted, by the Cost and Works Accountants (Amendment) Act, 2006, w.e.f. 17-11-2006.
27
1
[Power of Central Government to make rules.
38A. (1) The Central Government may, by notification, make rules to carry out the provisions of
this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may
provide for all or any of the following matters, namely:—
(a) the manner of election and nomination in respect of members to the Council under subsection (2) of section 9;
(b) the terms and conditions of service of the Presiding Officer and Members of the Tribunal,
place of meetings and allowances to be paid to them under sub-section (3) of section 10B;
(c) the procedure of investigation under sub-section (4) of section 21;
(d) the procedure while considering the cases by the Disciplinary Committee under sub-section
(2) and fixation of allowances of the nominated members under sub-section (4) of section
21B;
(e) the procedure to be followed by the Board in its meetings under section 29C; and
(f) the terms and conditions of service of the Chairperson and members of the Board under
sub-section (1) of section 29D.]
Power to make regulations.
39. (1) The Council may, by notification in the Gazette of India, make regulations for the purpose
of carrying out the objects of this Act 2
[***].
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations
may provide for all or any of the following matters, namely:—
(a) the standard and conduct of examinations under this Act;
(b) the qualifications for the entry of the name of any person in the Register as a member of the
Institute;
(c) the qualification required for the purposes of sub-section (4) of section 5;
(d) the conditions under which any examination or training may be treated as equivalent to the
examination or training prescribed for members of the Institute;
(e) the conditions under which any foreign qualification may be recognised;
(f) the manner in which and the conditions subject to which applications for entry in the
Register may be made;
(g) the fees payable for membership of the Institute and the annual fees payable by associates
and fellows of the Institute in respect of their certificates;
(h) the manner in which elections to 3
[***] the Regional Councils may be held;
(i) the particulars to be entered in the Register;
(j) the functions of Regional Councils;
(k) the regulation and maintenance of the status and standard of professional qualifications of
members of the Institute;
_____________________________
1
Inserted by the Cost and Works Accountants (Amendment) Act, 2006, w.e.f. 8-8-2006.
2Words “,and a copy of such regulations shall be sent to each member of the Institute” omitted by the Cost and Works
Accountants (Amendment) Act, 2006, w.e.f. 8-8-2006.
3Words “the Council and” omitted, by the Cost and Works Accountants (Amendment) Act, 2006, w.e.f. 8-8-2006.
28
(l)the carrying out of research in accountancy;
(m) the maintenance of libraries and publication of books and periodicals relating to cost
accountancy and allied subjects;
(n) the management of the property of the Council and the maintenance and audit of its
accounts;
(o) the summoning and holding the meetings of the Council and committees thereof, the times
and places of such meetings, the procedure to be followed thereat and the number of
members necessary to form a quorum;
(p) the manner in which the annual list of members of the Institute shall be published;
(q) the powers, duties and functions of the President and the Vice-President of the Council;
(r) the functions of the Standing and other committees and the conditions subject to which such
functions shall be discharged;
(s) the terms of office, and the powers, duties and functions of the Secretary and other
employees of the Council;
(t) 1
[***]
(u) the terms and conditions of service of persons who have become employees of the Institute
under section 32 of this Act;
(v) the registration and training of students and the fees to be charged therefor, and
(w) any other matter which is required to be, or may be, prescribed under this Act.
(3) All regulations made by the Council under this Act shall be subject to the condition of previous
publication and to the approval of the Central Government.
(4) Notwithstanding anything contained in sub-sections (1) and (2), the Central Government may
frame the first regulations for the purposes mentioned in this section, and such regulations shall
be deemed to have been made by the Council, and shall remain in force until they are amended,
altered or revoked by the Council.
(5) 2
[***]
3
[Rules, regulations and notifications to be laid before Parliament.
40. Every rule and every regulation made and every notification issued under this Act shall be
laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in
session, for a total period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following the session or
the successive sessions aforesaid, both Houses agree in making any modification in the rule,
regulation or notification, or both Houses agree that the rule, regulation or notification should not
be made or issued, the rule, regulation or notification shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule,
regulation or notification.]