Section 9: Constitution of the Council of the Institute
The Chartered Accountants Act, 1949Central Act · Act 38 of 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.
[(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 specified:
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 of members] 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 [four years];
(ii) in case of misconduct falling under the Second Schedule of this Act, for a period of [eight years, ]
from the completion of the period of removal of name from the [Register of members] or payment of fine, as the case may be;
(b) not more than eight persons to be nominated in the specified manner, by the Central Government.]
[(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 [member of the Institute or any partner of a firm] 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 [four years] after he ceases to be an auditor.]
Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.
substituted, Act 9 of 2006. . Subs. by Act 9 of 2006, s. 6, for sub-section (2) (w.e.f. 5-9-2006).
substituted, Act 12 of 2022. . Subs. by Act 12 of 2022, s. 8, for "Register" (w.e.f. 10-5-2022).
substituted. . Subs. by s. 8, ibid., for "three years" (w.e.f. 10-5-2022).
substituted. . Subs. by s. 8, ibid., for "six years" (w.e.f. 10-5-2022).
inserted, Act 9 of 2006. . Ins. by Act 9 of 2006,s. 6 (w.e.f. 5-9-2006).
substituted, Act 12 of 2022. . Subs. by s. 8, ibid., for three years (w.e.f. 10-5-2022). 6. . Subs. by Act 12 of 2022, s. 8, for person (w.e.f. 10-5-2022).
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