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EXTRAORDINARY
PART III—Section 4
PUBLISHED BY AUTHORITY
No. 534] NEW DELHI, TUESDAY , AUGUST 1, 2023/ SHRAVANA 10, 1945
CG-WB-E-02082023-247771
जििीय िषग ................................. माह
तक अद्यतन ................................
(1) (2) (3) (4) (5) (6)
(1) (2) (3) (4) (5) (6)
THE INSTITUTE OF COST ACCOUNTANTS OF INDIA
(Statutory Body under an Act of Parliament)
NOTIFIC ATION
Kolkata, the 1st August, 2023
CWR(1)/2023. —The following draft of Regulations to further amend the Cost and Works Accountants
Regulations, 1959 , which the Council of the Institute of Cost Accountants of India proposes to make, is hereby
published, a s required by sub -section (3) of section 39 of the Cost and Works Accountants Act, 1959 (23 of 1959) for
the information of all stakeholders likely to be affected thereby, and notice is hereby given that the said draft
regulations shall be taken into consi deration on or after the expiry of period of thirty days from the date on which the
copies of the Gazette of India in which these draft regulations are published, are made available to the public.
Any person desirous of making any objection or suggestion in respect of the said draft Regulations, may
forward the same for consideration by the Council of the Institute of Cost Accountants of India within the period so
specified addressed to the Secretary, The Institute of Cost Accountants of India, CMA Bhawan, 12, Sudder Street,
Kolkata – 700 016.
Any objection or suggestion received from any person with respect to the said draft Regulations before the
expiry of the period so specified will be taken into consideration by the Council.
Draft Regulations
1. (1) Thes e regulation may be called the Cost and Works Accountants (Amendment) Regulations, 2023
(2) They shall come into force on the date of their final publication in the Official Gazette.
2. In the Cost and Works AccountantsRegulations,1959
(i) In Regulation 1 of the principal regulations, in sub -regulation (1), for the words “Cost and Works
Accountants” the words “Cost Accountants” shall be substituted.
(ii) For Regulation 3, the following shall be substituted, namely:
“3 – Register of Members
The Register of Members shall be maintained in the appropriate Form referred to in Schedule
‘A’
(iii) For Regulation 10, the following shall be substituted, namely:
“10- Grant or refusal of Certificate of Practice
(1) A member may apply to the Council for a certificate entitling him to pra ctise as a cost accountant .
(2) An application for the grant of certificate of practice shall be made in the appropriate Form and shall be
accompanied by the annual certificate fee and the annual membership fee unless the same has already
been paid in a ccordance with Regulation 7.
(3) The Institute may issue the Certificate of Practice in the appropriate Form which shall be valid until it
is cancelled under the provisions of these Regulations.
(4) On his ceasing to be in practice, a member shall inform the Council as soon as may be, but in any case,
not later than one month from the day he ceases to practice.
(5) The Council may refuse to grant Certificate of Practice to a Member, if the particulars furnished in
prescribed form for applying Certificate of Practice are found to be incomplete, incorrect or false or the
member is not eligible to obtain such certificate under other provisions of the Act.
(iv) After Regulation 15B, the following regulations shall be inserted, namely:
“15C -Status of actionable inf ormation and complaints in public domain
(1) The status of actionable information and complaints pending before the Disciplinary Directorate, the Board
and the Committee shall be made available on the website of the Institute and shall be updated every mon th.
(2) The status of such pending information and complaints shall contain the following details: -
(i) Total number of actionable information and complaints pending.
(ii) Number of cases which are pending for investigation before the Directorate prior to the st age of preliminary
examination report.
(iii) Break up of cases where Preliminary Examination Report has been submitted by Director (Discipline) to
the–
a. Board of Discipline
b. Disciplinary Committee
(iv) Break -up of cases pending for hearing (including recalled hearings, if any) before the –
a. Board of Discipline
b. Disciplinary Committee
(v) Break up of cases where hearing has been concluded but findings have been kept reserved by the:
a. Board of Discipline
b. Disciplinary Committee.
(vi) Break -up of cases where findings have been is sued but punishments are yet to be awarded by the –
a. Board of Discipline.
b. Disciplinary Committee.
(vii) Break -up of cases in which punishments have been awarded by the –
a. Board of Discipline.
b. Disciplinary Committee.
(viii) Break -up of appeal cases filed before Appellate Authority with statistics of
a. Appeals allowed,
b. Partly allowed,
c. Dismissed.
(3) Disposal Statistics to also include break -up of disposal i.e.; number of cases in which penalty of reprimand,
removal from the register, fine or both removal from the register and fine, have been awarded.
(4) Information in the following format shall also be displayed on the website of the Institute and will be updated
every month. This information shall be prepar ed for all firms/ Cost Accountants whose cases are either pending
at the beginning of the financial year (before BoD/DC/Appellate Authority/Court) or in whose case, the PER has
been filed during the financial year:
Financial Year _____ Updated u pto month _____
1. Sl. No.
2. Name of the Firm
3. PER filed on
4. Status at BoD/DC - Pending/ Decided
5. Final Decision of BoD/DC - Not Guility/Guilty under Section__/Schedule__/Guidelines __
6. Decision in Higher Forum - No case filed in Higher Forum/ Case filed before ____ a/w Status
(5) The final Order passed by the Board of Discipline under sub -section (5) and (6) of Section 21A and by the
Disciplinary Committee under sub -section (5) and (6) of Section 21B of the Act shall be made av ailable on the
website of the Institute in respect of each case after the same is communicated to the parties concerned.
(v) After Regulation 15C, the following regulations shall be inserted, namely:
“15D Panel of persons for nomination to the Board of Discipline and Disciplinary Committee constituted
under Section 21A and Section 21B of the Act
(1)The Council shall prepare and provide to the Central Government, Panel(s) of persons for nomination of the
Presiding Officer and other members of the Board of Discipline and the Disciplinary Committee to be constituted as
per the eligibility criteria laid down under clause (a) i.e. persons with experience in law and having knowledge of
disciplinary matters and the profession and (b) i.e. persons of eminence having experience in the field of law,
economics, business, finance or accountancy , of sub -section (1) of section 21A and 21B of the Act.
Due regard shall be given to Officers retired from Indian Revenue Service, Indian Corporate Law Service, Indian
Audit and Accounts Service, Indian Defence Accounts Service, Indian Civil Accounts Service, Indian P&T
Accounts & Finance Service, Indian Railway Accounts Service, Director (Finance) of PSUs, Officers of
Central/State Govts. as may be notified by Central Gov ernment, having 20 years of Group “A’ service experience,
Retired High Court Judge, Retired District Judge including Addl. District Judge with minimum five years of
experience as District Judge or Addl. District Judge, for inclusion in the panel prepared by the Search Committee of
the Council.
(2) For the purpose of preparing the Panel(s) for Presiding Officer and members to be nominated by the Central
Government to the Board of Discipline and the Disciplinary Committee under clause (a) and (b) of sub -section (1)
of section 21A and 21B of the Act, the Council may: -
(i) constitute a Search -cum-Selection Committee (hereinafter referred to as the Search Committee )
consisting of President, Vice President, a Council Member to be nominated by the President and two
Govt. Nominated Members of the Council to be nominated by the Central Government. The President
of the Council shall be the Chairperson of the Search Committee .
(ii) Secretary of the Institute shall be the Secretary to this Search Committee.
(3) Search Committee for the purpose of clause (a) and (b) of sub -section (1) of section 21A and 21B of the Act,
shall invite applications, scrutinize the applications received and prepare a panel for consideration of the
Council:
Provided that in such pane l, the Search Committee at its own may also include the names of persons of
appropriate standing and having qualification as per clause (a) and (b) of sub -section (1) of section 21A and
21B of the Act.
Provided further that no person holding membership of the Institute anytime immediately preceding two
years from date of request for empanelment or who has been a member of the current Council or the
immediate previous Council , shall be eligible for empanelment in the category of persons mentioned under
clause (a) and (b) of sub -section (1) of section 21A and 21B of the Act .
(4) The Search Committee, for the purpose of inviting, scrutiny of applications, preparation of panel for approval
of the Council and identifying other persons for inclusion in the Pa nel shall decide its own procedure .
(5) The decision of the Search Committee shall be unanimous.
(6) The Panel so prepared shall be updated at such interval as may be decided by the Council.
(7) For nomination of members by the Council to the Board of Di scipline and the Disciplinary Committee under
clause (c) of sub -section (1) of Section 21A and of Section 21B, the member so nominated shall be a
member of the Institute. However, the member so nominated in the BoD/DC shall not be eligible to contest
election for a period of 04 years after he/she ceases to be member of BoD/DC.
(8) The Panel to be provided by the Council to the Central Government shall include at least five names for each
vacancy ordinarily.
(9) Presiding Officer or member(s) who ha ve been nominated by the Central Government or member(s)
nominated by the Council to Board of Discipline or Disciplinary Committee, shall hold office for period of
two years and shall be eligible for being considered for one more term of two years
(10) No person shall be eligible for inclusion of his name in the panel, if he suffers from any of the following
disabilities : -
(a) he is of unsound mind and stands so declared by a competent court; or
(b) he is an undischarged insolvent; or
(c) he has applied to be adjudicated as an insolvent and his application is pending; or
(d) he has been convicted by a Court of an offence, whether involving moral turpitude or otherwise; or
(e) an order disqualifying him from holding any post has been passed by a Court or tribunal or
(f) an order under Section 21(A) or 21(B) of the Chartered Accountants Act, 1949 or the Cost and Works
Accountants Act, 1959 or the Company Secretaries Act, 1980 has been passed imposing any
punishment by the Boar d of Discipline or the Disciplinary Committee, as the case may be.
(vi) After Regulation 15D, the following regulations shall be inserted, namely:
15E -Allowances payable to the Presiding Officer and members of the Board of Discipline and Disciplinary
Committ ee constituted under Section 21A and Section 21B of the Act.
(1) The Presiding Officer and the Members of the Boards of Discipline and the Disciplinary Committees shall be
eligible for daily allowances and reimbursement of expenses of travelling, lodging and local conveyance for
attending the meeting and related functions of the Board or the Committee, as the case may be, as follows: -
A. Reimbursement of travelling expenses shall be as admissible to the Vice President of the Council.
B. Daily allowance and reimbursement of lodging expenses shall be as admissible to the Vice President of
the Council.
C. Local Conveyance
The local conveyance shall be provided by the office and in case the same is not provided, they will be
reimbursed as per actuals not e xceeding the rates admissible to the Vice President of the Council .
In addition to the allowances at sub -regulation (1), the Presiding Officers and the members of the Boards of
Discipline, Disciplinary Committees, shall also be eligible for sitting fees @ Rupees Twenty thousand and Rupees
Eighteen thousand respectively for each day, subject to a maximum of Rs.2,00,000/ - in a calendar month or as
modified by Central Government from time to time.
(vii) For Regulation 95, the following shall be substituted, namel y:
“95- Appointment of auditors
The Council shall appoint a firm of chartered accountants as auditor every year in accordance with the
provisions of sub -section (5) of Section 18 of the Act.
(viii) For Regulation 96, the following shall be substituted, namely:
“ 96- Auditors
(1) The auditors once appointed by Council shall be eligible for re-appointment for two more consecutive years
provided if the Council wants to change such appointment, they shall seek the consent of C&AG and appoint
another auditor from the panel of auditors maintained by C&AG.
(2) The Council shall determine remuneration to be paid to the auditors.
(3) If any vacancy occurs in the office of an auditor the same shall be filled up from the fresh panel of auditors
maintained by C&AG.
(ix) For Regulation 98, the following shall be substituted, namely:
“98- Powers and duties of the President
(1) The President shall exercise such powers and perform such duties as are specified by the Act
and as may be delegated by the Council (except for appro val related to Budget, Audited
Annual Financial Accounts, powers to make regulations, guidelines and procedures) or its
Standing Committees from time to time.
(2) The President may direct any business to be brought before the Council or any Standing
Commit tee for consideration.
(x) After Regulation 98, the following regulations shall be inserted, namely:
“98A - Powers and duties of the Vice -President
The Vice -President shall exercise such powers and perform such duties as are specified by the Act
and as may be delegated by the Council or its Standing Committees from time to time.
(xi) For Regulation 99, the following shall be substituted, namely:
“ 99- Powers, duties and functions of the Secretary.
Subject to the overall control, guidance and supervision of the Counci l, the Secretary shall execute the following
functions:
(1) being in charge of the office of the Institute as its Chief Executive Officer;
(2) cancelling of certificates of practice of associates and fellows in accordance with the provisions of Regulati on 11
(3) granting of permission to members to be engaged in other occupations besides the practice of the profession of
accountancy within the categories permitted by the Council;
(4) maintaining registers, documents and forms as required by the Act and t hese Regulations;
(5) being in charge of all the property of the Institute;
(6) making necessary arrangements for receiving moneys due to the Council and also issuing receipts therefor;
(7) incurring revenue and capital expenditure within the limits sanct ioned by the Council or its Committees;
(8) causing proper accounts to be maintained and delivering of account books, information etc. to the auditors
appointed by the Council for the purpose of audit of accounts of the Institute;
(9) making all other paym ents as sanctioned by the Council or its Committees;
(10) paying salary and allowances to the staff, granting of leave etc. to them, and other perks to them, and
sanctioning their increments in accordance with the regulations;
(11) exercising disciplinary control over the officers and employees except dismissal in respect of which the sanction
of the Council shall be necessary;
(12) refunding or transferring fees received under these Regulations for the examinations, enrolment, issue of
certificate of prac tice and allied matters;
13) condoning any break in the practical training of the trainee up to a maximum period of three months in his
discretion;
(14) signing and issuing all communications, guidelines, circulars, orders, decisions and notifications on b ehalf of the
Council;
(15) signing and execution of agreements, contracts, deeds, documents and undertaking, etc., on behalf of the Institute
within the financial and administrative powers as may be approved by the Council or its committees from time
to time.
(16) taking necessary steps in matters of any civil or criminal or other proceeding on behalf of the Institute in courts
or forums or judicial or quasi -judicial authorities and signing vakalatnamas on behalf of the Council, appointing
solicitors or ad vocates on behalf of the Council, and filing papers in Courts, etc. on behalf of the Council, within
the financial and administrative powers as may be approved by the Council or its committees from time to time;
(17) performing such other duties and functi ons as are incidental and ancillary to and may be required for the
performance of the above duties and exercising such other powers as may be delegated by the Council or its
Committees from time to time.
(18) authorizing any officer or officers of the Inst itute to exercise or discharge any powers or duties under items (4),
(6), (7), (8), (9), (12) and (13) as may be considered necessary from time to time.
(xii) For Regulation 104, the following shall be substituted, namely:
“104 - List of Members
(1) The list of m embers of the Institute as on the 1st day of April each year shall be published region -wise, under
sub-section (3) of section 19 of the Act and shall be made available at the website of the Institute. Physical
copy shall be made available to member(s) on request, for sale at such price as may be fixed by the Council
from time to time.
(2) The list of Members may contain the following details of members:
(i) Name – Member’s Name as per records of the Institute.
(ia) In case the member is registered under M RA:
Name of the Country
Name & address of the Regulating Accounting Body
(ii) Gender – Male, Female and Others
(iii) Qualification – Member’s qualification as per records of the Institute
(iv) Membership No. -
(v) Whether Associate or Fellow
(vi) Year of enrolment as Associate or Fellow
(vii) Whether holding Certificate of Practice
(viii) Professional Address
(ix) Members residing abroad - Member’s Region and residential address in India.
(x) Details of pendency of any actionabl e information or complaint against it under Chapter V of the Act.
(xi) Details of imposition of any penalty against it under Chapter V of the Act.
(xiii) After Regulation 108, the following regulations shall be inserted, namely:
“108A - Manner of registration of firm and terms and conditions:
(1) A cost accountant in practice or a firm of such cost accountants or Multi -Disciplinary Partnership firm of Cost
Accountants, shall, before commencement of practice in a trade name or firm name, apply to the Council in the
form approved by the Council for permission to use a trade or a firm name as per the guidelines issued by the
Council from time to time.
(2) For permission to use the existing trade or firm name or modification in trade or firm name, all the existin g
firms within 30 days from the date of commencement of these regulations, shall apply to the Council which may
allow use of the existing trade/firm name or any modification in the name of the existing Firm as per the
guidelines issued under sub -regulation (1) above
(3) The Council may, refuse to approve a particular trade or firm name if –
(i) the name of such firm is identical or similar to the name of any other firm already registered as per the
records of the Institute; or
(ii) the name is in u se by any firm within or outside India; or
(iii) If it bears the name of a god/goddess/deity and which has no relationship with the name of member(s); or
(iv) if the trade/firm name is descriptive; or
(v) if the trade/firm name smacks of publicity; o r
(vi) if such name, in the opinion of the Council is undesirable; or
(vii) if in the opinion of the Council, the registration of the firm is undesirable.
(4) The firm of cost accountants shall within one month of the approval of the trade or firm name, or
commencement of practice or change in the constitution or change in particulars of the firm or office, as the case
may be, inform the Council of such particulars regarding his office, firm and changes as the case may be, in the
appropriate Form.
(5) Where the same trade or firm name has been registered in the past in the register of firms in the case of two or
more members or firms, the Council may direct the member or the firm, as the case may be, other than one
whose name was registered first in the register of firms, to alter the name in such manner as the Council may
consider appropriate and member or firms inform to the Council of such alteration within six months of the
issue of the direction.
(6) The Council may recall, within one year, any Firm or trade name already registered and may direct to apply for
a change in the name within six months from the issuance of directions of the Council, in case it finds the name
earlier approved was not in accordance with the guidelines as per above sub -Regul ation (1) which were in force
at the time of approval of firm / trade name.
(6A) The Council may recall, within one year of registration of any firm, such registration in case it finds that the
registration is undesirable;
(7) No member shall practice un der a trade or firm name in respect of which a direction has been issued under sub -
regulation (5) & (6) after the expiry of six months from the date of issue of the direction and the Council shall
remove the name of such firm from the register of firms.
(8) The Council may, in its discretion, condone the delay in filing the particulars under sub -regulation (4) in
appropriate cases.
(xiv) After Regulation 108A, the following regulations shall be inserted, namely:
“108B -Register of Firms
(1) The Council sh all maintain a register of firms in appropriate form referred to in Schedule ‘A’ and shall enter
therein the following details -
(i) particulars which are furnished by the firm under Regulation 108A
(ii) details of pendency of any actionable informatio n or complaint, imposition of penalty against the Firm
under Chapter V of the Act.
(iii) details of imposition of any penalty against it the Firm under Chapter V of the Act.
(iv) details of pendency of any legal proceedings related to penalty in the Appellate Authority or before
any Court;
(v) In respect of clauses (ii), (iii) and (iv) above, the entry in the Register shall be updated within 60 days.
(2) The Council shall remove the name of a firm from the Register of Firms which is subject to a ny of the
disabilities under section 20C of the Act .
(xv) After Regulation 108B, the following regulations shall be inserted, namely:
“108C - List of Firms
(1) The List of Firms of the Institute as on the 1st day of April each year shall be published region -wise and shall
be made available at the website of the Institute. Physical copy of the list of firms may be provided to such
member or firm from which a request has been received at such price as may be fixed by the Council from
time to time.
(2) The list of Firms shall be in two segments i.e., proprietorship firms and partnership firms (including Limited
Liability Partnership) and may contain the following details of firms: -
(a) In the case of Proprietorship Firms
(i) Firm Name
(ii) Firm Registration Number
(iii) Propri etor Name (Member)
(iv) Membership No.
(v) COP Status of the Member
(vi) Firm Complete address
(vii) Member’s Association in any other Firm
(viii) details of pendency of any actionable information or complaint against it under Chapter V of the Act.
(ix) details of imposition of any pen alty against it under Chapter V of the Act.
(x) Any other particulars as may be decided by the Council from time to time.
(b) in the case of Partnership Firms:
(i) Firm Name
(ii) Firm Registration Number
(iii) Partner Names
(iv) Membership No. of Partners
(v) Partners COP Sta tus
(vi) Partners’ Association in any other Firm
(vii) Address of Head Office
(viii) Number of Branch(es)
(ix) Address of Branch Office(s)
(x) Details of pendency of any actionable information or complaint against it under Chapter V of the Act.
(xi) Details of imposition of any pena lty against it under Chapter V of the Act.
(xii) Any other particulars as may be decided by the Council from time to time.
(xvi) For Regulation 133, the following shall be substituted, namely:
“133- Audit
(1) The accounts of a Regional Council , shall be audited eve ry year by the same firm appointed by the Council
from the panel of auditors maintained by the Comptroller and Auditor General of India.
(2) The accounts together with the audit report and the report of the Regional Council shall be sent to the members
in th e respective regions at least 14 days before the date of the Annual General Meeting of the Regional
Constituency and shall be placed for adoption before the Annual General Meeting of the Constituency.
(3) If any vacancy occurs in the office of an auditor the same firm appointed by the Council from the panel of
auditors maintained by the Comptroller and Auditor General of India may be appointed.
KAUSHIK BANERJEE, Secy.
[ADVT. -III/4/Exty./316/2023 -24]
SCHEDULE 'A'
Appropriate Forms
Form"1"
(See Section 1 9 (1) & (2) read with Regulation 3)
Register of Members
The Institute of Cost Accountants of India
1. Membership Number
2. Name in full
3. Date of Birth
4. Domicile
5. Residential address
6. Professional address
7. Date of entry in the Register
8. Qualifications
9. Whether holding a certificate of practice
10. Date of admission as Fellow
11. Whether practicing independently, in partnership or employed in a firm of Cost Accountants in practice
12. Whether holding a salaried employment, if not in practice
13. Change of address, if any
14. The details of actionable complaint or information pending or any penalty has been imposed against him under
Chapter V in the tabular form# as indicated below:
Details of actionable complaints/information against the member#: -
Complaint/
Information
Referen ce
No. If complaint/
Information
actionable Details of
information or
complaint
pending for
inquiry before
the Board of
Discipline or the
Disciplinary
Committee If found guilty of
professional or other
misconduct by the Board
of Discipline or the
Discipl inary Committee
after the inquiry, details
of penalty imposed along
with Order Number
If not found
guilty of
professional or
other
misconduct by
BoD or DC,
the details
thereof along
with Order
Number If penalty
imposed, details
of case filed
before the
Appellate
Authority/Higher
Court, if any .
(1) (2) (3) (4) (5) (6)
(Separate row to be used for each complaint/ information)
15. Remarks
Form"1A"
(See Regulation 108B read with Section 20B of the Act)
Register of Firms of the Institute of Cost Accountants of India
1. Firm Registration Number
2. Firm Name
3. Date of Constitution
4. Type of Firm – Proprietary/Partnership/LLP/MDP
5. Date of approval of Firm Name
6. Address of the Head Office
7. Details of Partners (Along with their date of joining and leaving)
8. Branch office(s) of the firm - along with their address, date of opening, closure and in -charge details
9. Second Office(s) of the Firm
10. Details of Paid Assistants along with their date of joining and leaving
11. PAN of the Firm
12. GSTIN of the firm
13. Contact Number and email ID of the firm and Partners
14. Details of Merger and Demerger along with dates and firm numbers
15. Other association of the partners
16. Details of Network of the Firm
17. Details of dispute among the partners, if any.
18. Whether any actionable information or complaint is pending or penalty imposed, if any, against the firm under
Chapter V in the tabular form# as indicated below:
Complaint/
Information
Reference
No. If
complaint/
Information
actionable Details of
information or
complaint
pending for
inquiry before
the Board of
Discipline or the
Disciplinary
Committee If found guilty of
professional or other
misconduct by the Board
of Discipline or the
Disciplinary Committee
after the inquiry, details
of penalty imposed along
with Order Number
If not found guilty
of professional or
other misconduct
by BoD or DC, the
details thereof
along with Order
Number If penalty
imposed, details
of case filed
before the
Appellate
Authority/Higher
Court, if any .
(1) (2) (3) (4) (5) (6)
Separate row to be used for each complaint/ information
19. Remarks
Note: - The principal regulations were published in the Gazette of India, Extraordinary, dated the 25th May, 1959 vide
Notification No. 10 (13). Ins/59 dated 25th May, 1959 and lastly amended vide Notification No. CWR (1) 2014
dated 12th November, 2014.
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