Professional misconduct:

Preamble:

Sec.22 of the act contains schedules and defined professional misconduct and it is only inclusive and not exhaustive. The council has also been given power to enquire into the conduct of any member of the institute under circumstances other than those specified in schedules to the act.

A member is liable to disciplinary action under Sec.21 of the Act, if he is found guilty of any professional or other misconduct. This other misconduct is not defined in the Act. So, it empowers the COUNCIL to inquire into any misconduct of a member even it does not arise out of professional work.

Sec.22 contains two schedules which have parts to explain what the professional misconducts are.

Actually misconduct is nothing but omitting or doing acts which are not permissible under the act. Since other misconduct has not defined in the act misconduct has to be decided on the facts and circumstances.

Examples of other misconduct:

1. The assessment records belonging to the client were found in the bed room of the chartered accountant.
2. Chartered accountant to get the loan sanction he has adopted some coercive methods. i.e., he made the bank personnel believe or forced to believe.
3. Chartered accountant makes a material misrepresentation.

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