Section 9 – The Chartered Accountants Act, 1949

(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 Act.

¹[(2) The Council shall be composed of the following persons, namely :–

(a) not more than thirty-two persons elected by the members of the Institute from amongst the fellows of the Institute chosen in such manner and from such regional constituencies as may be specified²:

Provided that a fellow of the Institute, who has been found guilty of any professional or other misconduct and whose name is removed from the Register or has been awarded penalty of fine, shall not be eligible to contest the election,–

(i) in case of misconduct falling under the First Schedule of this Act, for a period of three years;

(ii) in case of misconduct falling under the Second Schedule of this Act, for a period of six years,

from the completion of the period of removal of name from the Register or payment of fine, as the case may be;

(b) not more than eight persons to be nominated in the specified³ manner, by the Central Government.]

⁴[(3) No person holding a post under the Central Government or a State Government shall be eligible for election to the Council under clause (a) of sub-section (2).

(4) No person who has been auditor of the Institute shall be eligible for election to the Council under clause (a) of sub-section (2), for a period of three years after he ceases to be an auditor.]

Amendment

¹ Substituted, for the following, by the Chartered Accountants (Amendment) Act, 2006 and came into force w.e.f. 5^th September, 2006:-

“(2) The Council shall be composed of the following persons, namely :–

^A[(a) not more than twenty-four persons elected by members of the Institute] from amongst the fellows of the Institute chosen in such manner and from such regional constituencies as may be specified in this behalf by the Central Government by notification in the Official Gazette;^B

(b) ^C[six] persons nominated by the Central Government.”

^ASubstituted for the words, “persons elected by members of the Institute ”by the Chartered Accountants (Amendment) Act, 1959.

^BFor the Government Notification, please see Appendix No. (12).

^CSubstituted for the word, “five ”by the Chartered Accountants (Amendment) Act, 1959.

² Rules made by the Central Government by Notification No. G.S.R.534(E) have been published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) dated 5^th September, 2006 and have come into force from that date.

³ Rules made by the Central Government by Notification No. G.S.R.490(E) have been published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) dated 19^th August, 2006 and have come into force from that date.

⁴ Inserted by the Chartered Accountants (Amendment) Act, 2006 and came into force w.e.f. 5th September, 2006.