Every Profession has the obligation to maintain proper standards of work and professional ethics by its members. The CA Ordinance has prescribed a procedure to deal with any breach of professional ethics, which has been detailed in three schedules.
The Council has formed an Investigation Committee to investigate such breaches and after providing an opportunity for personal hearing. If such member so desires, Investigation Committee shall permit such member to be represented before it by a counsel or by a member of the Institute. It reports its finding to the Council. The Council also provides an opportunity for personal hearing before taking any one of the following decisions against the members:
- reprimand or warn such member;
- impose such penalty as it may deem necessary not exceeding one thousand rupees;
- remove the name of such member from the register of members for a period not exceeding five years.
The Investigation Committee and the Council shall for the purpose of an enquiry regarding alleged professional misconduct have been vested with the powers of a Civil Court under the code of Civil Procedure, 1908 (Act of 1908) in respect of the following matters, namely:
Schedule II contains the list of misconducts on which only the High Court can take a decision on the recommendation of the Council. The Professional misconducts of the students have also been enumerated in Schedule III.
Any member or any aggrieved person may lay before the Investigation Committee any fact indicating that a member or a student has prima facie been guilty of any professional misconduct specified in the respective Schedule. “Suo moto” proceedings can also be initiated in such matters.
While members are expected not to overlook to report cases involving possible breach of ethics, they are expected to ensure that allegations in each case have proper basis and are supported by appropriate evidence together with an indication, where possible, the specific clause of the Code of Ethics which is believed to have been infringed. Any disregard of the above consideration may impair the credibility of the complainant with obvious consequences.
Code of Ethics for Chartered Accountants
|Code of Ethics for Chartered Accountants
|(Code of Ethics Revised April 28, 2015)