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Part II:

Misconduct of Members (Generally):

 

Clause 1:

      Contravenes any of the provisions of this Act or the regulations made there under or any guidelines issued by the council.”  

Some important points:

1.     Monthly payment of stipend to every article to be made. It must be confirmed beyond all doubts that payment has been made.

2.     C.A should forward article deed to ICAI.

3.     A CA can’t take loan from any enterprise in which article is interested. However he may accept the same from any enterprise where in articles farther or relative is interested. But it must not be taken as a consideration for admitting the article into firm.

4.     Now no premium can be accepted by C.A

5.     Practice work only after obtaining COPS

 

Clause 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”

Clause 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, and Quality review Board or the Appellate Authority any particulars knowing them to be false”

Clause 4:

 Defalcates or embezzles moneys received in his professional capacity.”          

     Defalcation means misappropriation of money.

Part III:

“Any member of the institute shall be deemed to be guilty of other misconduct if he is held guilty by any civil or criminal court for and offence which is punishable with imprisonment for a term exceeding 6 months.”

Note:-

->In the above member includes practicing and non practicing members.

-> Imprisonment for a term exceeding 6 months in any civil or criminal matter treated as a major offence under other misconduct

 
 

 

 

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