Section 39. Power to make regulations

39. Power to make regulations. —(1) The Council may, by notification in the Gazette of India, make regulations for the purpose of carrying out the objects of this Act,[1] *. (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[2] [Register of members] 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 2[Register of members] 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; [3] * * * * * (i) the particulars to be entered in the[2] [Register of members]; 4* * * * * (k) the regulation and maintenance of the status and standard of professional qualifications of members of the Institute; (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 of 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[5] [members and firms registered with] 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; 6 [(s) the circumstances under which certificates of practice may be cancelled under sub-section (3) of section 6; (sa) the guidelines for granting or refusal of certificates of practice under clause (e) of sub-section (2) of section 15; 1. The words "and a copy of such regulations shall be sent to each member of the Institute" omitted by Act 7 of 2006, s. 30 (w.e.f. 17-11-2006). 2. Subs. by Act 12 of 2022, s. 71, for "Register" (w.e.f. 10-5-2022). 3. Clause (h) omitted by s. 71, ibid . (w.e.f. 10-5-2022). 4. Clause (j) omitted by s. 71, ibid . (w.e.f. 10-5-2022). 5. Subs. by s. 71, ibid ., for "members of" (w.e.f. 10-5-2022). 6. Subs. by s. 71, ibid ., for clause (s) (w.e.f. 10-5-2022). (sb) the manner of appointment, powers, duties, functions, salaries, fees, allowances and other terms and conditions of service of the Secretary and other officers and employees of the Council under clause (c) of sub-section (2) of section 16; (sc) the manner of preparing annual financial statement under sub-section (4) and the annual accounts under sub-section (5), of section 18; (sd) the manner of maintaining a Register of the members of the Institute under sub-section (1) of section 19; (se) the manner of making an application for grant of registration of a firm and the terms and conditions of such registration under section 20A; (sf) the manner of maintenance of Register of firms and other particulars including details of pendency of any actionable information or complaint or imposition of any penalty against the firm under sub-section (1) and sub-section (2) and the manner in which the annual list of firms registered with the Institute shall be published under sub-section (3), of section 20B; (sg) the manner of making available status of actionable information and complaints and orders passed under sub-section (9) of section 21; (sh) the manner of preparing panel of persons under clauses (a), (b) and (c) of sub-section (1) and the allowances payable to the Presiding Officers and members of Board of Discipline under sub-section (8), of section 21A; the allowances payable to the Presiding Officers and members of Board of Discipline under (si) the manner of preparing panel of persons under clauses (a), (b) and (c) of sub-section (1) and the allowances payable to the Presiding Officers and members of the Disciplinary Committees under sub-section (8), of section 21B; (sj) the salaries and allowances and conditions of service of officers and other staff of the Authority under sub-section (2) of section 22D; (sk) the manner in which Regional Council may be constituted under sub-section (2) of section 23 and the functions thereof;] 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. 1* * * * * 2[40. Rules, regulations and notifications to laid before Parliament. —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 1. Clause (t) omitted by Act 7 of 2006, s. 30 (w.e.f. 17-11-2006). 2. Ins. by s. 31, ibid . (w.e.f. 17-11-2006). modification or annulment shall be without prejudice to the validity of anything previously done under that rule, regulation or notification.] THE FIRST SCHEDULE [ See sections 21 (3),21A(3) and 22] PART I Professional misconduct in relation to cost accountants in practice A cost 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 cost accountant unless such person is also a cost accountant in practice and is in partnership with or employed by him; (2) pays or allows or agrees to pay or allow, directly or indirectly, any share, commission or brokerage in the fees or profits of his professional business, to any person other than a member of the Institute or a partner or a retired partner or the legal representative of a deceased partner, or a member of any other professional body or with such other persons having such qualifications as may be prescribed, for the purpose of rendering such professional services from time to time in or outside India. Explanation .—In this item, "partner" includes a person residing outside India with whom a cost accountant in practice has entered into partnership which is not in contravention of item (4) of this Part; (3) accepts or agrees to accept any part of the profits of the professional work of a person who is not a member of the Institute: Provided that nothing herein contained shall be construed as prohibiting a member from entering into profit sharing or other similar arrangements, including receiving any share, commission or brokerage in the fees, with a member of such professional body or other person having qualifications, as is referred to in item (2) of this Part; (4) enters into partnership, in or outside India, with any person other than a cost accountant in practice or such other person who is a member of any other professional body having such qualifications as may be prescribed, including a resident who but for his residence abroad would be entitled to be registered as a member under clause (iv) of sub-section (1) of section 4 or whose qualifications are recognised by the Central Government or the Council for the purpose of permitting such partnerships; (5) secures, either through the services of a person who is not an employee of such cost accountant or who is not his partner or by means which are not open to a cost accountant, any professional business: Provided that nothing herein contained shall be construed as prohibiting any arrangement permitted in terms of items (2), (3) and (4) of this Part; (6) solicits clients or professional work, either directly or indirectly, by circular, advertisement, personal communication or interview or by any other means: Provided that nothing herein contained shall be construed as preventing or prohibiting— (i) any cost accountant from applying or requesting for or inviting or securing professional work from another cost accountant in practice; or (ii) a member from responding to tenders or enquiries issued by various users of professional services or organisations from time to time and securing professional work as a consequence; (7) advertises his professional attainments or services, or uses any designation or expressions other than cost accountant on professional documents, visiting cards, letter heads or sign boards, unless it be a degree of a University established by law in India or recognised by the Central Government or a title indicating membership of the[1] [Institute of Cost Accountants of India] or of any other institution that has been recognised by the Central Government or may be recognised by the Council: Provided that a member in practice may advertise through a write up, setting out the services provided by him or his firm and particulars of his firm subject to such guidelines as may be issued by the Council; 1. Subs. by Act 10 of 2012, s. 8, for "Institute of Cost Accountants of India" (w.e.f. 17-11-2006). (8) accepts a position as cost accountant previously held by another cost accountant in practice without first communicating with him in writing; (9) charges or offers to charge, accepts or offers to accept in respect of any professional employment, fees which are based on a percentage of profits or which are contingent upon the findings or results of such employment, except as permitted under any regulation made under this Act; (10) engages in any business or occupation other than the profession of cost accountant unless permitted by the Council so to engage: Provided that nothing contained herein shall disentitle a cost accountant from being a director of a company (not being a managing director or a whole time director) unless he or any of his partners is interested in such company as accountant; (11) allows a person not being a member of the Institute in practice, or a member not being his partner to sign on his behalf or on behalf of his firm, any cost or pricing statements or any other statements relating thereto. PART II Professional misconduct in relation to members of the Institute in service 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, firm or person— (1) pays or allows or agrees to pay, directly or indirectly, to any person any share in the emoluments of the employment undertaken by him; (2) accepts or agrees to accept any part of fees, profit or gains from a lawyer, a cost accountant or broker engaged by such company, firm or person or agent or customer of such company, firm or person by way of commission or gratification. PART III Professional misconduct in relation to members of the Institute generally A member of the Institute, whether in practice or not, shall be deemed to be guilty of professional misconduct, if he— (1) not being a fellow of the Institute acts as a fellow of the Institute; (2) does not supply the information called for, or does not comply with the requirements asked for by the Institute, Council or any of its Committees, Director (Discipline), Board of Discipline, Disciplinary Committee, Quality Review Board or the Appellate Authority; (3) while inviting professional work from another cost accountant or while responding to tenders or enquiries or while advertising through a write up, or anything as provided for in items (6) and (7) of Part I of this Schedule, gives information knowing it to be false. PART IV Other misconduct in relation to members of the Institute generally A member of the Institute, whether in practice or not, shall be deemed to be guilty of other misconduct, if— (1) he is held guilty by any civil or criminal court for an offence which is punishable with imprisonment for a term not exceeding six months; (2) in the opinion of the Council he brings disrepute to the profession or the Institute as a result of his action whether or not related to his professional work. THE SECOND SCHEDULE [ See sections 21 (3), 21B (3) and 22] PART I Professional misconduct in relation to cost accountants in practice A cost accountant in practice shall be deemed to be guilty of professional misconduct, if he— (1) discloses information acquired in the course of his professional engagement to any person other than his client so engaging him, without the consent of his client, or otherwise than as required by any law for the time being in force; (2) certifies or submits in his name, or in the name of his firm, a report of an examination of cost accounting and related statements unless the examination of such statements has been made by him or by a partner or an employee in his firm or by another cost accountant in practice; (3) permits his name or the name of his firm to be used in connection with an estimate of cost or earnings contingent upon future transactions in a manner which may lead to the belief that he vouches for the accuracy of the forecast; (4) expresses his opinion on cost or pricing statements of any business or enterprise in which he, his firm or a partner in his firm has a substantial interest; (5) fails to disclose a material fact known to him in a cost or pricing statement, which is not disclosed in a cost or pricing statement but disclosure of which is necessary in making such statement where he is concerned with such statement in a professional capacity; (6) fails to report a material mis-statement known to him to appear in a cost or pricing statement with which he is concerned in a professional capacity; (7) does not exercise due diligence, or is grossly negligent in the conduct of his professional duties; (8) fails to obtain sufficient information which is necessary for expression of an opinion or its exceptions are sufficiently material to negate the expression of an opinion ; (9) fails to invite attention to any material departure from the generally accepted procedure of costing and pricing applicable to the circumstances; (10) fails to keep moneys of his client other than fees or remuneration or money meant to be expended in a separate banking account or to use such moneys for purposes for which they are intended within a reasonable time. PART II Professional misconduct in relation to members of the Institute generally A member of the Institute, whether in practice or not, shall be deemed to be guilty of professional misconduct, if he— (1) contravenes any of the provisions of this Act or the regulations made thereunder or any guidelines issued by the Council; (2) being an employee of any company, firm or person, discloses confidential information acquired in the course of his employment, except as and when required by any law for the time being in force or except as permitted by the employer; (3) includes in any information, statement, return or form to be submitted to the Institute, Council or any of its Committees, Director (Discipline), Board of Discipline, Disciplinary Committee, Quality Review Board or the Appellate Authority any particulars knowing them to be false; (4) defalcates or embezzles moneys received in his professional capacity. PART III Other misconduct in relation to members of the Institute generally A member of the Institute, whether in practice or not, shall be deemed to be guilty of other misconduct, if he is held guilty by any civil or criminal court for an offence which is punishable with imprisonment for a term exceeding six months.]