The Chartered Accountants Regulations, 1988

8/3/2019 The Chartered Accountants Regulations, 1988

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THE CHARTEREDACCOUNTANTS

REGULATIONS,1988

(Corrected upto 3rd December, 2008)

"This Book does not contain Appendices"

THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA(Set up by an Act of Parliament)


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The Institute of Chartered Accountants of India

All rights reserved. No part of this publication may be reproduced, stored

in a retrieval system, or transmitted in any form, or by any means,

electronic, mechanical, photocopying, recording, or otherwise, without

prior permission, in writing from the publisher.

Revised Edition : May, 2010

Department/ : Council Affair

Committee

ISBN : 978-81-8441-020-4

Published by : The Publication Department on behalf of The

Institute of Chartered Accountants of India, ICAI

Bhawan, Post Box No. 7100, Indraprastha Marg,

New Delhi-110 002.


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C O N T E N T S

CHAPTER I

PRELIMINARY

Regulation No Page No.

1. Short title and commencement 1

2. Interpretation 1

CHAPTER II

MEMBERS

3. Register 5

3A. List of Members 5

4. Qualification of members 5

5. Application for membership 6

6. Fees 8

7. Refund of fee 8

8. Certificate of membership 8

9. Certificate of practice 8

10. Cancellation of a certificate of practice 911. Restoration of certificate of practice 10

12. Complaints and enquiries relating to misconduct of

members 10

13. Information relating to misconduct of members 13

14. Time limit on entertaining complaint or information 14

15. Procedure in enquiry before the Disciplinary Committee 14

16. Report of the Disciplinary Committee 1517. Procedure in a hearing before the Council 15

17A. Fee and procedure for investigation of a complaint or

information to be followed by the Director (Discipline),

Disciplinary Directorate and procedure for inquiry by the

Disciplinary Committee 16

18. Notification of removal 16

19. Restoration to membership 17

20. Notification of restoration 17


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CHAPTER III

EXAMINATIONS

21. Omitted 21

22. Conduct ofe-Examinations 21

23. Deleted 21

24. Omitted 21

25. Omitted 21

25A. Registration for Professional Education (Course-I) 21

25B. Admission to the Professional Education (Examination-I),

Fees and Syllabus 22

25C. Registration for Common Proficiency Test 24

25D. Admission to Common Proficiency Test, Fee and Syllabus 25

26. Omitted 25

27. Omitted 25

28. Omitted 25

28A. Registration for Professional Education (Course-II) 25

28B. Admission to the Professional Education (Examination-II),

Fees and Syllabus 27

28C. Admission to Professional Competence Examination 2828D. Enrolment for Integrated Professional Competence Course

and Fees 29

28E. Admission to Integrated Professional Competence

Examination, Fees and Syllabus 30

29. Admission to the Final Examination 31

29A. Admission to the Final Examination 32

29B. Admission to the Final examination 33

29C. Admission to the Final examination 34

30. Admission fee for the Final Examination 35

31. Syllabus for the Final Examination 35

32. Application for admission to an Examination 36

33. Right to refuse admission to Examination 36

34. Refund of Fees 36

35. Candidates to be supplied with admission tickets 36

36. Requirement for passing the Foundation and the ProfessionalEducation (Examination-I) 36


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37. Omitted 37

37A. Requirements for passing the Professional Education

(Examination-II) 37

37B. Requirements for Passing the Professional

Competence Examination 39

37C. Requirements for passing Integrated Professional Competence

Examination 41

38. Omitted 44

38A. Requirements for passing the Final Examination 44

38B. Requirements for passing the Final Examination 46

38C. Requirements for passing the Final Examination 48

39. Examination results 5040. Examination Certificates 52

41. Disciplinary action in connection with examination 52

42. Examiners 52

CHAPTER IV

ARTICLED ASSISTANTS AND AUDIT ASSISTANTS

A. ARTICLED ASSISTANTS43. Engagement of Articled Assistants 74

44. Members not to engage in India articled assistants under the

bye-laws of any of the accountancy institutions or bodies

outside India 76

45. Admission to articleship 77

46. Registration of articled assistants 78

47. Premium from articled assistants 79

48. Stipend to articled assistants 79

49. Register of articled assistants 80

50. Period of practical training for an articled assistant 81

51. Industrial Training 82

51A. Course on General Management and Communication Skills

and period thereof. 83

51B. Course on Information Technology Training 83

52. Recognition of Service with Armed Forces 8353. Exemption to persons of Indian origin migrating permanently


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53B. Membership of professional bodies for partnership 86

54. Secondment of articled assistants 87

54A. Practical Training under eligible members of

Accountancy Institutions or Bodies outside India 8855. Change of status of Principal 88

56. Termination or assignment of articles 89

57. Fresh Articles 90

58. Supplementary Articles 91

59. Leave to an Articled Assistant 92

60. Working hours of an Articled Assistant 93

61. Certificate of Service 9362. Certificate of Service on the death of principal 94

63. Proof of training in the absence of a certificate 94

64. Report to the Council 94

65. Articled assistant not to engage in any other occupation 95

66. Enquiries against articled assistant 95

67. Complaint against the Principal 96

B. AUDIT ASSISTANTS

68. Engagement of Audit Assistants 97

69. Registration of Audit Assistants 98

70. Register of Audit Assistants 100

71. Period of practical training for an audit assistant 100

72. Industrial Training 101

72A. Course on General Management and Communication

Skills and period thereof 10272B. Training Course on Information Technology 102

73. Recognition of service with Armed Forces 102

74. Leave to an Audit Assistant 102

75. Certificate of Service 103

76. Certificate of Service on the Death of the Employer 104

77. Proof of training in the absence of a certificate 104

78. Audit Assistant not to engage in any other Occupation 10479. Enquiries against Audit Assistants 105


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150. Resolutions 163

151. Business before the annual general meeting 164

152. Chairman of meeting 164

153. Quorum 164154. Absence of quorum 164

155. Decision by Majority 165

156. Members not entitled to vote 165

157. Term of Regional Council 165

158. Dissolution of Regional Council 165

159. Branches of Regional Council 166

CHAPTER VIII

MEETINGS AND PROCEEDINGS OF THE COUNCIL

160. Meetings of Council 168

161. Special Meeting of Council 168

162. Notice of Council Meeting 168

163. Chairman of meeting 169

164. Quorum at meeting 169

165. Procedure for transaction of business 169

166. Passing of resolution at a meeting 170

167. Adjournment of a meeting 170

168. Record of minutes 171

CHAPTER IX

STANDING AND OTHER COMMITTEES

169. Time and place of meeting 172

170. Quorum 172

171. Procedure for transaction of business 172

172. Casting Vote 173

173. Secretary of Standing Committees 173

174. Record of minutes 173

174A. Committees of the Council 173

175. Executive Committee 174

176. Examination Committee 175

176A Finance Committee 175


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178. Sub-Committees of Standing and other Committees 177

CHAPTER X

MISCELLANEOUS179. Headquarters of the Council 180

180. Custody of common seal 180

181. Affixing common seal 180

182. Method of payment of fees 180

183. Supply of forms 180

184. Issue of duplicate certificates 180

185. Publication of list of members 181186. Members to supply information 181

187. Professional address 181

188. Proof of service of notice 182

189. Council to be informed when a branch office is opened

or closed 182

190. Register of offices and firms 182

190A. Chartered Accountant in practice not to engage in any other

business or occupation 186

191. Part time employments a Chartered Accountant in practice

may accept 186

192. Restriction on fees 186

193. Particulars of nationality 187

194. Maintenance of accounts 187

195. Nomination of auditors 187

196. Powers and duties of the auditors 159197. Comparison of actual income and expenditure with

budget estimates 189

198. Provisions of Regulations 196 and 197 apply to

Regional Councils etc. 189

199. Casual vacancy in the office of auditors 189

200. Audit of accounts 190

201. Functions to be performed by the President on the

dissolution of the Council 190

202 Powers and duties of the President and Vice-President 190


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204. Post-qualifying courses and examinations 193

205. Powers to remove difficulties 193

206. Repeal of the Chartered Accountants Regulations, 1964 194


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1

THE CHARTERED ACCOUNTANTSREGULATIONS, 1988

CHAPTER I

PRELIMINARY

1. Shor t t i t l e and comm encem ent

(1) These Regulations may be called the CharteredAccountants Regulations, 1988.

(2) They shall come into force from June 1, 1988.

2 . I n t e r p r e t a t io n

(1) In these Regulations, unless the context otherwiserequires:-

(i) Act means The Chartered Accountants Act, 1949(XXXVIII of 1949);

(ii) annual meeting means the first meeting of theCouncil held after the 1st day of August of eachyear;

(iii) appropriate form means a Form contained inSchedule `A;

(iv) 1 articled assistant means an 1articled assistantas referred to in clause (j) of sub-section (2) ofSection 30 of the Act engaged under articles by amember entitled to train 1articled assistants underthese Regulations;

(v) 2 audit assistant means an assistant engaged inaudit service by a member entitled to train 2auditassistants under these Regulations;

(vi) certificate of practice means a certificate grantedunder Regulation 9;

--------------------------Foo tno t es g i ven a t t he end o f each Chap te r


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(vii) date of election means the date and in case ofmore than one date, the earliest of the dates fixedfor polling;

(viii)fellow means a fellow member of the Institute;

(ix) graduate means:

(a) for the purposes of training under theseRegulations which commenced before the firstday of October 1973, a graduate of auniversity constituted by law in India or agraduate of any other university recognisedby the Central Government; and

(b) for the purposes of training under theseRegulations which commenced on or after thefirst day of October 1973, a graduate or a

post-graduate in subjects other than music,dancing, painting, photography, sculptureand the like, of a university constituted bylaw in India or a graduate or post-graduate ofany other university or institution recognisedby the Central Government as equivalentthereto;

(x) member means a member of the Institute;

(xi) President means the President for the timebeing elected under Section 12 and in his absence

the Vice-President for the time being electedunder Section 12;

(xii)principal means a member entitled to train1articled assistants; and 2audit assistants underthese Regulations;

(xiii) "Professional address" means:

(a) an address of the place where a member iscarrying on his profession (or where he iscarrying on his profession at more than one


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place, the principal place), or

(b) if a member is employed, the place ofemployment or at his option the place of hisresidence;

(c) the place of residence, if the member neither

carried on the profession nor is employed.

(xiv) Schedule means a Schedule annexed to theseRegulations;

(xv) Secretary means the Secretary or any Deputyor Assistant Secretary appointed by the Councilor any person acting as the Secretary under thedirection of the Council;

(xvi) Section and sub-section means a Section andsub-section of the Act;

(xvii) Service with armed forces means:

(a) service of any kind in a unit or formationliable for service overseas or in anyoperational area;

(b) service in India under defence munitions orstores authorities liable for service overseasor in any operational area;

(c) any other service involving subjection tonaval, military or air force law;

(d) service in any civil defence organisationspecified in this behalf by the Council;

(e) service connected with the prosecution of thewar which a person is required to render by acompetent authority under the provision ofany law for the time being in force; or

(f) such other service as may hereafter bedeclared as service with armed forces by theCouncil.


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Explanation Service includes training for service andmeans full time service during the period of the Proclamation ofEmergency under the Constitution.

(2) All words and expressions used herein and notdefined in these regulations but defined in the Act shall have the

meanings respectively assigned to them in the Act.

(3) The General Clauses Act, 1897 (X of 1897) shallapply so far as may be to the interpretation of these Regulationsas it applies to the interpretation of the Central Acts.

========================

1&

2Substituted, respectively for the words, articled clerk and audit clerk,wherever they occur in these Regulations, by Notification No.1-CA(7)/92/2006 published in Part III, Section 4 of the Gazette of India,Extraordinary, dated 13th September, 2006.


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CHAPTER II

MEMBERS

3. Register

The Register of members shall be in the appropriateForm*.

1[3A. List of members

The list of members of the Institute as on the 1st day ofApril each year published, under sub-section (3) of section 19,

may be sent to any member, on his request and on his makingpayment at the following rates,-

(i) Western Region Rupees 500/- per copy(ii) Southern Region Rupees 500/- per copy(iii) Eastern Region Rupees 300/- per copy(iv) Central Region Rupees 400/- per copy(v) Northern Region Rupees 500/- per copy(vi) All India Rupees 750/- per copy]

2[4. Qua l i f i ca t i on o f m em bers

Subject to the provisions of sections 4 and 8 of the Act, aperson shall be entitled to have his name entered in the Registerif he, -

(a) has completed the practical training as provided inthese regulations and passed the final examination

as specified in Schedule `B'; or

(b) has completed the practical training as provided inthese regulations, completed such course(s) andpassed the final examination as per the syllabus asmay be specified by the Council; or

(c) possesses qualifications recognised by theCouncil** as equivalent to the practical trainingand examinations referred to in clause (a) or (b)above.]
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5. App l i ca t i on f o r m embersh i p

(1) (a) A person who desires to have his name entered inthe Register shall submit to the Secretary an application, in theappropriate Form*, together with documentary evidence abouthis eligibility for membership and 3[such fee as may be

determined by the Council under sub-section (3) of section 4.]

(b) An associate who desires to be admitted as a fellowshall submit to the Secretary an application, in the appropriateForm**, together with documentary evidence, if any required,about his eligibility for admission as a fellow, and 4[such fee asmay be determined by the Council under sub-section (3) ofsection 5]:

5[Provided that an associate on being admitted as a fellowin the course of the year shall pay, for that year, only thedifferential amount].

(2) The applicant shall furnish such further information asthe Council may, from time to time, require.

(3) For the purposes of sub-section (3) of Section 5, anassociate shall be deemed to have acquired the experiencenormally acquired as a result of continuous practice for a periodof five years as a chartered accountant, if he:

(i) being in government service or being employed inan educational institution approved by the Councilor being employed in a private or government,industrial, commercial or trading undertaking, is

ordinarily holding or has ordinarily held for acontinuous period of not less than 5 years, anyone or more posts carrying duties relating toaccounts, cost accounts, audit, finance, taxation,company law and or secretarial work;

(ii) being employed under a statutory authority, isordinarily holding or has ordinarily held for acontinuous period of not less than five years, any

* Form 2 of Schedule `A.

**Form 3 of Schedule `A.
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one or more posts carrying duties mentioned inclause (i) above;

(iii) being employed under a local authority, isordinarily holding or has ordinarily held for acontinuous period of not less than five years, anyone or more posts carrying duties mentioned in

clause (i) above provided the local authority haswithin its jurisdiction a population of not less thanfive lakhs of persons during each of the five yearsof his service;

(iv) has served for a continuous period of not less thanfive years as a full-time paid assistant under achartered accountant:

PROVIDED that the Council may, in its discretion,consider any other experience not specifically mentioned inclauses (i), (ii), (iii), or (iv) as equivalent to the experiencenormally acquired as a result of continuous practice for a period

of five years as a chartered accountant.

Explanation I A member shall be deemed to haveacquired the experience normally acquired as a result ofcontinuous practice for a period of five years as a charteredaccountant:

(a) if he has served continuously for a period of notless than five years in any one or more postsmentioned in clauses (i), (ii), (iii), or (iv) above; or

(b) if he has partly been in practice and partly servedin any one or more posts mentioned in clauses (i),

(ii), (iii), or (iv) above, so that the total period ofpractice and or service shall be continuous and benot less than five years:

PROVIDED that the Council may condone a break incontinuity of service or practice of a period not exceeding oneyear, so however, that the actual period of service or practiceshall not be less than the period of 5 years.

Explanation II For the purpose of clause (i) above, theprivate or government, industrial, commercial or tradingundertaking shall have at all material times (a) a minimum paid-up capital of twenty five lakhs of rupees or (b) a minimum


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turnover of fifty lakhs of rupees or (c) a minimum paid-up capitalof ten lakhs of rupees and a minimum turnover of thirty lakhs ofrupees or (d) a minimum total asset of fifty lakhs of rupees.

6[6. Fees

(1) (a) The annual membership fee shall become due on

the first day of April in each year.

(b) Every member shall pay such annual membershipfee as may be determined by the Council undersub-section (4) of section 19.

(2) (a) The annual fee for certificate of practice shallbecome due on the first day of April in each year.

(b) Every member in practice shall pay such annualcertificate of practice fee, as may be determinedby the Council under sub-section (2) of section 6.

(3) A member seeking restoration of his membershipshall pay, such additional fee, as may bedetermined by the Council under sub-section (3) ofsection 20].

7. Refun d of fee

A person whose application for admission as a member oras associate or fellow member to the membership of the Institutereferred to in Regulation 5 or whose application for a certificateof practice referred in Regulation 9 is not accepted by theCouncil, shall be entitled to a refund of the fee paid by him.

8. Cer t i f i cate o f m embersh i p

If the application made under Regulation 5 is accepted bythe Council, the applicant's name shall be entered in the Registerand a certificate of membership in the appropriate Form* shall beissued.

9. Cer t i f i ca te o f pr ac t i ce

(1) A member may apply to the Council for acertificate entitling him to practise as a chartered accountant.

*Forms "4" & "5" of Schedule "A'.
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(2) An application for the grant of certificate ofpractice shall be made in the appropriate Form* and shall beaccompanied by the annual certificate fee and the annual

membership fee unless the same has already been paid inaccordance with Regulation 6.

(3) The certificate issued in the appropriate Form**shall be valid until it is cancelled under the provisions of theseRegulations.

(4) Notwithstanding anything contained in thisregulation, a certificate of practice held by a member on 31st

March, 1975 shall be deemed to have been issued under thisregulation and shall continue to be valid until it is cancelled.

(5) On his ceasing to be in practice, a member shallinform the Council as soon as may be but in any case not laterthan one month from the day he ceases to practise.

10. Cance l lat ion o f a cer t i f i ca te o f p rac t i ce

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[(1) A certificate of practice issued under sub-section(1) of section 6 shall be liable for cancellation, if -

(i) the name of the holder of the certificate isremoved from the Register under sub-sections (1)and (2) of section 20; or

(ii) the Council is satisfied, after giving an opportunityof being heard to the person concerned, that suchcertificate was issued on the basis of incorrect,misleading or false information, or by mistake orinadvertence; or

(iii) a member has ceased to practise; or

(iv) a member has not paid annual fee for certificateof practice till 30th day of September of therelevant year.

(2) The cancellation of a certificate shall be effective:-


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(a) in a case falling under clause (i) of sub-regulation(1), on the date on which and during the periodfor which the name of the holder of the certificatewas removed from the Register;

(b) in a case falling under clause (iv) of sub-regulation (1), from the 15th day following the

date of issue of notice by the Secretary on orafter the 1st day of October; and

(c) in any other case from such date and for suchperiod, as may be decided by the Council.]

(3) Where a certificate is cancelled, the date fromwhich the certificate shall stand cancelled shall be communicatedto the member and shall also be notified in the Gazette of India.

(4) Where a certificate of practice is cancelled, theholder of such certificate shall surrender the certificate to theSecretary within 15 days from the date of receipt of notice of

such cancellation or from the date of the notification thereof inthe Gazette of India, whichever is later, under sub-regulation (3).

8[11. Restorat ion o f cer t i f i ca te o f prac t i ce

The Council may, on an application made in the*approved Form and on payment of such fee, as may bedetermined by the Council under sub-section (3) of section 20,restore the certificate of practice with effect from the date onwhich it was cancelled, to a member whose certificate has beencancelled due to non-payment of the annual fee for thecertificate of practice and whose application, complete in allrespects, together with the fee, is received by the Secretarybefore the expiry of the relevant year.]

12. Com pl a i n t s and enqu i r i es re l a t i ng t o m i sconduc t o f

m e m b e r s 9[Applicable to a complaint or information pending beforethe Council or any inquiry initiated by the DisciplinaryCommittee or any reference or appeal made to a HighCourt prior to 17.11.2006]

(1) Subject to the provisions of this regulation, acomplaint against a member under Section 21 shall be

*Form `101 of Appendix No. (1).


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investigated and all other enquiries relating to misconduct ofsuch member shall be held by the Disciplinary Committee:

PROVIDED that if the subject matter of a complaint is, inthe opinion of the President, substantially the same as or hasbeen covered by any previous complaint or information received,the Secretary shall file the said complaint without any further

action and inform the Complainant accordingly.

(2) A complaint under Section 21 shall be in the*appropriate Form duly verified and shall be in triplicate.

(3) Such complaint shall contain the following particularsnamely:

(a) the acts and omission which, if proved, wouldrender the person complained against guilty ofprofessional or other misconduct;

(b) the oral and or documentary evidence relied upon

in support of the allegations made in thecomplaint.

(4) Every complaint, other than a complaint made by oron behalf of the Central or any State Government, shall beaccompanied by a deposit of one hundred rupees which will beforfeited if the Council, after considering the complaint, comes tothe conclusion that no prima facie case is made out andmoreover that the complaint is either a frivolous one or is madewith malafide intention.

(5) The Secretary shall return a complaint, which is not in

the appropriate Form or which does not contain the aforesaidparticulars, to the Complainant for representation after removingthe objections thereto and within such time as the Secretary mayspecify.

(6) Ordinarily within sixty days of the receipt of acomplaint under Section 21, the Secretary shall:

(a) if the complaint is against a member, send a copythereof to such member at his professional

* FORM I to The Chartered Accountants (Procedure of Investigations of

Professional and Other Misconduct and Conduct of Cases) Rules, 2007


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address as entered in the Register;

(b) if the complaint is against a firm, send a copythereof to the firm at the address of its headoffice, as entered in the register of offices andfirms, with a notice calling upon the firm todisclose the name of the member who is

answerable to the charge of misconduct andrequiring it to send a copy of the complaint tohim.

Explanation - A notice to the firm shall be deemed to be anotice to all the members who are partners or employees of thatfirm.

(7) A member against whom the complaint is made(hereinafter referred to as the Respondent) may, within fourteendays of the service of a copy of the complaint under sub-regulation (6), or within such time as may be extended by theSecretary, forward to the Secretary in triplicate, a written

statement in his defence verified in the same manner as thecomplaint.

(8) On receipt of the written statement, if any, theSecretary shall send a copy thereof to the Complainant and theComplainant may, within 14 days of the service of a copy of thewritten statement, or within such time as may be extended bythe Secretary, forward to the Secretary, in triplicate, hisrejoinder on the written statement, duly verified in the samemanner as the complaint.

(9) On receipt of the Complainant's rejoinder, if any, the

Secretary shall send a copy thereof to the Respondent and theRespondent may within 14 days of the service of a copy of therejoinder, or within such time as may be extended by theSecretary, forward to the Secretary, in triplicate, his commentson the rejoinder, duly verified in the same manner as thecomplaint.

(10) On a perusal of the complaint, the written statement,if any, the Complainant's rejoinder on the written statement, ifany, and the Respondent's comments on the Complainant'srejoinder, if any, the President may call for such additionalparticulars or documents connected therewith either from thecomplainant or the Respondent as he may consider expedient.


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(11) (i) If on a perusal of the complaint, the writtenstatement, if any, the Complainant's rejoinder to the writtenstatement, if any, and the Respondent's comments on theComplainant's rejoinder, if any, and other relevant documents,the Council is prima facie of opinion that the Respondent is guiltyof professional and or other misconduct, the Council shall cause

an enquiry to be made in the matter by the DisciplinaryCommittee.

(ii) If, on the other hand, the Council is prima facie ofopinion that the Respondent is not guilty of any professional orother misconduct, the complaint shall be filed and theComplainant and the Respondent shall be informed accordingly.

(12) (i) Any notice issued by the Secretary under thisregulation shall be sent to the member or the firm, as the casemay be, by registered post with acknowledgement due.

(ii) If any such notice is returned unserved with an

endorsement to the effect that the addressee had refused toaccept the notice, the notice shall be deemed to have beenserved.

(iii) If the notice is returned with an endorsement tothe effect that the addressee cannot be found at the addressgiven, the Secretary shall ask the Complainant to supply to himthe correct address of the member or the firm, as the case maybe.

(iv) A fresh notice shall be issued to the member orthe firm at the correct address.

(13) The provision relating to a notice shall apply mutatismutandis to a letter.

13. I n f o r m a t i o n r e l at i n g t o m i sc on d u c t o f m e m b e r s 9[Applicable to a complaint or information pending beforethe Council or any inquiry initiated by the DisciplinaryCommittee or any reference or appeal made to a HighCourt prior to 17.11.2006]

The procedure laid down in sub-regulation (1) and sub-regulations (6) to (13) of Regulation 12 shall, so far as may be,apply to an information received under Section 21.


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14. T im e li m i t on en te r t a i n i ng comp l a i n t o r in f o rm at i on 9[Applicable to a complaint or information pending beforethe Council or any inquiry initiated by the DisciplinaryCommittee or any reference or appeal made to a HighCourt prior to 17.11.2006]

Where the Council is satisfied that there would bedifficulty in securing proper evidence of the alleged misconduct,or that the member against whom the complaint has been filed,would find it difficult to lead evidence to defend himself onaccount of the time lag, or that changes have taken placerendering the inquiry procedurally inconvenient or difficult, theCouncil may refuse to entertain a complaint or information inrespect of misconduct made more than 10 years after the samewas alleged to have been committed.

15. Procedure in enqui ry befo re the D iscip l i nary

Commi t t ee 9[Applicable to a complaint or information pending before

the Council or any inquiry initiated by the DisciplinaryCommittee or any reference or appeal made to a HighCourt prior to 17.11.2006]

(1) It shall be the duty of the Secretary to place beforethe Disciplinary Committee all the facts brought to theknowledge which are relevant for the purpose of the enquiry bythe Disciplinary Committee.

(2) If the Respondent pleads guilty, the DisciplinaryCommittee shall record the plea and submit its report to theCouncil.

(3) The Respondent shall have a right to defend himselfbefore the Disciplinary Committee either in person or through alegal practitioner or any other member.

(4) Except as otherwise provided in these Regulations,the Disciplinary Committee shall have the power to regulate itsprocedure in such manner as it considers just and expedient.

(5) Where during the course of an enquiry there occurs achange in the membership of the Disciplinary Committee for anyreason whatsoever, any party to the enquiry may demand matthe enquiry be held 'de-novo' and when such a demand is made


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the Disciplinary Committee may for sufficient cause and forreasons to be recorded in writing, order that the enquiry shall beheld 'de-novo'.

16. Repor t o f t he D i sci p l i na ry Com m i t t ee 9[Applicable to a complaint or information pending beforethe Council or any inquiry initiated by the DisciplinaryCommittee or any reference or appeal made to a HighCourt prior to 17.11.2006]

(1) The Disciplinary Committee shall submit its report tothe Council.

(2) Where the e finding of the Disciplinary Committee isthat the Respondent is guilty of professional and or othermisconduct, a copy of the report of the Disciplinary Committeeshall be furnished to the Respondent and he shall be given theopportunity of making a representation in writing to the Council.

(3) The Council shall consider the report of theDisciplinary Committee along with the representation in writing

of the Respondent, if any, and if, in its opinion, a further enquiryis necessary, shall cause such further enquiry to be madewhereupon a further report shall be submitted by the DisciplinaryCommittee.

(4) The Council shall, on the consideration of the reportand the further report, if any, and the representation in writingof the Respondent, if any, record its findings:

PROVIDED that if the report of the Disciplinary Committeeis that the Respondent is not guilty of any professional or othermisconduct, the Council shall not record its findings contrary tothe report of the Disciplinary Committee.

(5) The finding of the Council shall be communicated tothe Complainant and the Respondent

17. Procedure in a hear ing b efore th e Counc i l 9[Applicable to a complaint or information pending beforethe Council or any inquiry initiated by the DisciplinaryCommittee or any reference or appeal made to a HighCourt prior to 17.11.2006]

(1) If the Council, in view of its findings, is of opinion thatthere is a case for passing an order under sub-section (4) of


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Section 21, it shall:-

(a) furnish to the Respondent a copy of its findings;and

(b) give him a notice calling upon him to appearbefore it on a specified date or if he does not wish

to be heard in person, to send within a specifiedtime, such representation in writing as he maywish to make in connection with the order to bepassed against him under subsection (4) ofSection 21.

(2) The scope of the hearing or of the representation inwriting, as the case may be, shall be restricted to the order to bepassed under sub-section (4) of Section 21.

(3) The Council shall, after hearing the Respondent if heappears in person, or after considering the representation, if any,made by him, pass such orders as it may think fit.

(4) The order passed by the Council shall becommunicated to the Complainant and the Respondent.

10[17A. Fee and p rocedure f o r i nves t i ga t i on o f a comp l a i n t o r i n f o rmat i on t o be f o l l owed by t he D i rec to r

(D isc ip l i ne) , D isc ip l i nary D i rec tora te and proceduref o r i nqu i r y by t he D i sc i p li na ry Com m i t t ee [Applicable to a complaint or information received on orafter 17.11.2006]

(1) Every complaint, other than a complaint filed by or onbehalf of the Central Government or any State Government or

any statutory authority, shall be accompanied by a fee ofRs.2,500/-.

(2) Each such complaint or information shall be dealt within accordance with the procedure specified in the CharteredAccountants (Procedure of Investigations of Professional andOther Misconduct and Conduct of Cases) Rules, 2007.]

18. Not i f i ca t i on o f r em ova l

The removal of a member's name from the Register shallbe notified in the Gazette of India and shall also becommunicated in writing to him.


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11[19. Res to ra t i on t o mem bersh i p

(1) The Council may, on an application in the *appropriateForm, received in this behalf from a member whose name hasbeen removed from the Register under clause (c) of sub-section(1) of section 20, restore his name, if he is otherwise eligible tosuch membership, on his paying the arrears of annualmembership fee, entrance fee and additional fee determined bythe Council under the Act.

(2) The restoration under sub-regulation (1) shall be witheffect from the date on which the application and fee arereceived:

Provided that where such an application for restoration,complete in all respects, is received within the same year inwhich the name was removed, the Council may restore the nameon his paying the annual membership fee due for that year,entrance fee and the additional fee for restoration, with effectfrom the date on which it was removed from the Register:

Provided further that the restoration of a members namewhich was removed under the orders of the Board of Discipline orthe Disciplinary Committee or the Appellate Authority or the HighCourt shall be effected only in accordance with such orders.]

20. Not i f i ca t i on o f r es to ra t i on

The restoration of a member's name to the Register shallbe notified in the Gazette of India and shall also becommunicated in writing to him.-----------------------------------------1 Inserted by Notification No. 1-CA(7)/116/2008 published in Part III, Section

4 of the Gazette of India, Extraordinary, dated 25th September, 2008.2 Substituted, for the following, by Notification No. 1-CA(7)/92/2006 published

in Part III, Section 4 of the Gazette of India, Extraordinary, dated 13thSeptember, 2006:

4. Qualification of membersSubject to the provisions of Sections 4 and 8, a person shall be

entitled to have his name entered in the Register if he:(a) has completed the practical training as provided in these

Regulations and passed the Final examination as specified inSchedule 'B'; or

A[(aa) has completed the practical training and attended the

*Form 9 of Schedule `A.


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course as provided in these Regulations and passed the finalexamination as may be specified by the Council; or]

(b) possesses qualifications recognised by the Council** as equivalentto the practical training and examinations referred to in clause (a)above; or

(c) is eligible under clauses (i), (iii) or (iv) of sub-section (1) of Section4:PROVIDED that a person shall not be entitled if he, in the opinion of

the Council:

(i) has at any time solicited clients or professional work either directlyor indirectly, by circular, advertisement, personal communication orinterview; or

(ii) has at any time advertised his professional attainments or services;or

(iii) has done at any time anything which aims at publicity or amountsto canvassing with a view to setting up practice as a charteredaccountant.

AInserted by Notification No. 1-CA(7)/51/2000 published in the

Gazette of India, Extraordinary, dated 17th August, 2001.3 Substituted for the words, the fee prescribed in these regulations by

Notification No. 1-CA(7)/116/2008 published in Part III, Section 4 of theGazette of India, Extraordinary, dated 25th September, 2008.

4 Substituted for the words, the prescribed entrance fee by Notification No.

1-CA(7)/116/2008 published in Part III, Section 4 of the Gazette of India,Extraordinary dated 25th September, 2008.5 Inserted by Notification No.1-CA(7)/116/2008 published in Part III, Section 4

of the Gazette of India, Extraordinary, dated 25th September, 2008.6 Substituted, for the following, by Notification No. 1-CA(7)/116/2008

published in Part III, Section 4 of the Gazette of India, Extraordinary dated25th September, 2008:

6. Fees(1) A person applying for the membership of the Institute shall pay an

entrance fee of three hundred rupees.(2) An associate applying for admission as a fellow shall pay an entrance

fee of two hundred rupees.

(3) An associate shall pay an annual membership fee ofA[three hundredrupees] which shall be due and payable on the 1st day of April in

each year.(4) A fellow shall pay an annual membership fee of

B[nine hundred

rupees] which shall be due and payable on the 1st day of April ineach year:PROVIDED that an associate, on being admitted as a fellow in the

course of the year, shall payC[six hundred rupees] only for that

year.

(5) A member in practice shall pay an annual certificate fee ofD[eighthundred rupees] which shall be due and payable on the 1st day ofApril in each year.

A, B, C &D

Substituted for the words two hundred twenty five rupees, sevenhundred rupees, four hundred and seventy five rupees and six hundredrupees respectively, effective from 1.4.2000 by Notification No. 1-

CA(7)/44/99 published in the Gazette of India dated 26th February, 2000.


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Earlier substituted for the words one hundred fifty rupees, fourhundred rupees, two hundred and fifty rupees and four hundredrupees respectively, effective from 1.4.1996 by Notification No. 1-CA(7)/30/95 published in the Gazette of India, Extra-Ordinary dated13th March, 1996; and for the words one hundred rupees, twohundred and seventy five rupees, one hundred and seventy fiverupees and two hundred and seventy five rupees respectively,effective from 1.4.1991 by Notification No. 1-CA(7)/11/90 publishedin the Gazette of India dated 19th January, 1991.

7 Substituted, for the following, by Notification No.1-CA(7)/116/2008

published in Part III, Section 4 of the Gazette of India, Extraordinary, dated25th September, 2008:

(1) A certificate of practice shall be cancelled:(i) when the name of the holder of the certificate is removed from the

Register; or(ii) when the Council is satisfied, after giving an opportunity of being

heard to the person concerned, that such certificate was issued onthe basis of incorrect, misleading or false information, or bymistake or inadvertence; or

(iii) when a member has ceased to practise; or(iv) when a member has not paid annual fee for certificate of practice till

the 31st day of July of the relevant year.(2) The cancellation of a certificate shall be effective:

(a) in a case falling under clause (i) of sub-regulation (1), from thedate on which and during the period for which the name of the

holder of the certificate was removed from the Register;(b) in a case falling under clause (iv) of sub-regulation (1), from the15th day following the date of issue of notice by the Secretary on orafter the 1st day of August; and

(c) in any other case from such date and for such period as the Councilmay determine.

8 Substituted, for the following, by Notification No. 1-CA(7)/116/2008published in Part III, Section 4 of the Gazette of India, Extraordinary, dated25th September, 2008:

11.Restoration of certificate of practice

The Council may, on an application made in the^approved Form andon payment of the fee as prescribed in sub-regulation (5) of Regulation 6,restore the certificate of practice, with effect from the date on which it wascancelled, to a member whose certificate has been cancelled due to thenonpayment of the annual fee for the certificate of practice:

PROVIDED that the application, complete in all respects, together withthe payment, is received by the Secretary before the expiry of the relevantyear.

^Form 101 of Appendix No.(1)9 Inserted by Notification No.1-CA(7)/116/2008 published in Part III, Section 4

of the Gazette of India, Extraordinary, dated 25th September, 2008.10 Added by Notification No.1-CA(7)/116/2008 published in Part III, Section 4

of the Gazette of India, Extraordinary, dated 25th September, 2008.11 Substituted, for the following, by Notification No.1-CA(7)/116/2008

published in Part III, Section 4 of the Gazette of India, Extraordinary dated25th September, 2008:

19.Restoration to membershipThe Council may, on an application in the *appropriate Form, received


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in this behalf from a member whose name has been removed from theRegister restore his name, if he is otherwise eligible to such membership, onhis paying before such restoration, the balance of the entrance fee, if any,the annual membership fee for the year during which his name is restored, a

restoration fee of' A[one hundred rupees] together with the annualmembership fee for the year in which his name was removed from theRegister:

PROVIDED that where such removal has taken place under clause (c) ofsub-section (1) of Section 20 and an application for restoration, complete in

all respects, is received by the Secretary within the same year in which thename was removed, the Council may restore the name with effect from thedate on which it was removed from the Register :

PROVIDED FURTHER that the restoration of a member's name which wasremoved under the orders of the High Court shall be effected only inaccordance with such orders.

ASubstituted for the words "fifty rupees" effective from 1.4.2000, by NotificationNo.1-CA(7)/44/99 published in the Gazette of India dated 26th February, 2000.


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CHAPTER II I

EXAMINATIONS

1[21.] O m i t t e d

22. Conduc t o f exami na t i ons

(1) The examinations shall be conducted in suchmanner and at such time and places as the Council may direct:

PROVIDED that there shall be at least one examination ineach year.

(2) The dates and places of the examinations andother particulars shall be notified in the Gazette of India.

2[23.] Deleted

3[24.] O m i t t e d

4[25.] O m i t t e d

5[25A. Regis t ra t ion for Professiona l Educat ion ( Course-I )

(1) No candidate shall be registered for the ProfessionalEducation (Course-I) unless he has passed the Senior SecondaryExamination (10 + 2 examination) conducted by an examiningbody constituted by law in India or an examination recognised bythe Central Government or the Council as equivalent thereto]:

6[PROVIDED that no registration for the Professional

Education (Course-I) shall be made after the commencement ofregistration of Common Proficiency Test under regulation 25C.]

7[(2) Notwithstanding anything contained in sub-regulation (1), a candidate who has appeared in the final SeniorSecondary Examination or an examination recognised by theCentral Government as equivalent thereto may be provisionallyregistered for the Professional Education (Course-I) by the Boardof Studies of the Institute:

PROVIDED that the provisional registration of suchcandidate shall be confirmed only after satisfactory proof ofhaving passed the examination referred to in this sub-regulation,


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has been furnished by him to the Board of Studies of theInstitute within a period of six months from the date ofprovisional registration:

PROVIDED FURTHER that if such candidate fails toproduce such proof within the aforesaid period of six months hisprovisional registration shall be cancelled and the registration fee

or the tuition fee paid by him shall not be refunded and for thepurpose of these regulations no credit shall be given for thetheoretical education undergone and eligibility tests passed.]

(3) A candidate shall pay such fee, as may be fixed bythe Council from time to time, along with his application in theForm approved by the Council, for registration to the ProfessionalEducation (Course-I)].

25B. Adm iss ion t o th e Profess iona l Educat ion

( Exam i na t i on - I ) , Fees and Sy l l abus

8[(1) No candidate shall be admitted to the Professional

Education (Examination-I) unless he produces a certificate to theeffect that he is registered with the Board of Studies of theInstitute and has complied with the requirements of thetheoretical education scheme, as may be specified by the Councilfrom time to time:

PROVIDED that a graduate within the meaning of clause(ix)(b) of regulation 2 shall be exempted from passing theProfessional Education (Examination-I), if such person is a -

(i) commerce graduate having passed the graduationexamination with accountancy, auditing and

mercantile law or commercial law as fullexamination papers, securing in the aggregate aminimum of 50% of the total marks in theexamination; or

(ii) non-commerce graduate having passed thegraduation examination with mathematics as oneof the subjects securing in the aggregate aminimum of 60% of the total marks in theexamination; or

(iii) commerce graduate having passed the graduationexamination without accountancy, auditing and


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mercantile law or commercial law as fullexamination papers and non-commerce graduatehaving passed the graduation examination withsubjects other than mathematics as one of thesubjects securing in the aggregate a minimum of55% of the total marks in the examination:

PROVIDED FURTHER that a candidate who has passed thefinal examination conducted by the Institute of Cost and WorksAccountants of India or by the Institute of Company Secretariesof India, set up under the Cost and Works Accountants Act, 1959(23 of 1959) or the Company Secretaries Act, 1980 (56 of 1980)respectively shall also be exempted from passing theProfessional Education (Examination-I).

Explanation For the purpose of this regulation -

(i) "full examination paper" means a paper carryingnot less than 50 marks;

(ii) for the purpose of calculating the percentage ofmarks, the marks secured in subjects in which aperson is required by the regulations of theuniversity or the examining body concerned toobtain only pass marks and for which no specialcredit is given for higher marks, shall be ignored;

(iii) in the case of non-commerce graduates withmathematics as one of the subjects, if the marksallotted to the subject of mathematics, involvingone or more papers in the syllabus for theconcerned course are less than 10 per cent of the

total marks in the examination shall be deemed tobe graduate with subject other than mathematicsas one of the subjects, and shall be covered underregulation 25B(l)(iii); and

(iv) any fraction of half or more shall be rounded up tothe next whole number.]

(2) Notwithstanding anything contained in sub-regulation(1) above, a candidate, who fails to pass the ProfessionalEducation (Examination-I) in five consecutive attempts from theexamination in which he is eligible to appear, shall not beadmitted to the said examination.


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9[PROVIDED that a candidate, who has exhausted his/herfive consecutive attempts in the Professional Education(Examination-I), shall be eligible to be admitted to the saidexamination for five additional attempts in any of theexaminations held on or before the 31st December, 2007.]

Explanation For the purpose of this regulation, anyattempt not availed of after becoming eligible to appear in theexamination shall be reckoned as an attempt for calculating thefive consecutive attempts.

(3) A candidate for the Professional Education(Examination-I) shall pay such fees as may be fixed by theCouncil from time to time.

(4) A candidate for the Professional Education(Examination-I) shall be examined in the subjects as may bespecified by the Council from time to time.

10

[(5) Notwithstanding anything contained in theseregulations, the Council may at any time after thecommencement of registration for the Common Proficiency Testdiscontinue holding Professional Education (Examination-I) underthese regulations and require the candidates to pass CommonProficiency Test as per the syllabus as may be specified by theCouncil from time to time.]

11[25C. Regis t ra t ion for Comm on Prof i c iency Test

(1) No candidate shall be registered for CommonProficiency Test unless he has passed the Class 10 examinationconducted by an examining body constituted by law in India or

an examination recognized by the Central Government asequivalent thereto:

PROVIDED that a candidate who was earlier registered forFoundation Course/Professional Education (Course-I) underthese regulations shall be entitled for registration to CommonProficiency Test subject to such conditions as may be specifiedby the Council.

(2) A candidate shall pay such fees, as may be fixedby the Council, which shall in any case not exceed rupees fifteenthousand, along with his application in the Form approved by theCouncil, for registration to the Common Proficiency Test.


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25D. Adm iss ion to Com m on Prof i c iency Test , Fee andSy l labus

(1) No candidate shall be admitted to CommonProficiency Test unless he is registered with the Board of Studiesof the Institute and has appeared in the Senior Secondary

Examination (10+2) examination) conducted by an examiningbody constituted by law in India or an examination recognized bythe Central Government as equivalent thereto and has compliedwith such requirements as may be specified by the Council fromtime to time.

(2) A candidate for the Common Proficiency Test shallpay such fees, as may be fixed by the Council, which shall in anycase not exceed rupees ten thousand.

(3) A candidate for the Common Proficiency Test shallbe examined in the syllabus as may be specified by the Councilfrom time to time.]

12[26.] O m i t t e d

13[27.] O m i t t e d

14[28.] O m i t t e d

15[28A. Regis t ra t ion for Professiona l Educat ion ( Course-I I)

(1) No candidate shall be registered for the ProfessionalEducation (Course-II) unless he has passed the ProfessionalEducation (Examination-I) or is exempted from the said

examination under these Regulations:

PROVIDED that a candidate who has passed the Entranceor Foundation Examination under the Chartered AccountantsRegulations, 1988, shall be eligible to register himself for theProfessional Education (Course-II).

16[(2) Notwithstanding anything contained in sub-regulation (1), a candidate falling in any of the followingcategories shall also be provisionally registered for theProfessional Education (Course-II) by the Board of Studies of theInstitute:


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(i) A candidate who has appeared in the ProfessionalEducation (Examination-I) under theseregulations; or the final examinations of theInstitute of Cost and Works Accountants of Indiaor the Institute of Company Secretaries of India;

(ii) A candidate who has passed the second year

graduation examination giving a declaration to theeffect that being eligible to appear in the final yeargraduation examination within six months from thedate of provisional registration intends to appear inthe said final year graduation examination withinthe aforesaid period of six months.]

(3) The provisional registration of such candidate shall beconfirmed only on submission of proof of having passed theProfessional Education (Examination-I); or the Final Examinationconducted by the Institute of Cost and Works Accountants ofIndia or by the Institute of Company Secretaries of India orgraduation examination with the minimum marks as specified in

the first proviso to Regulation 25B(1) to the coachingorganisation within a period of three months in the case of acandidate falling under clause (i) and within six months in thecase of a candidate falling under clause (ii) of sub-regulation (2)from the date of appearing in final graduation examination:

PROVIDED that if such a candidate fails to produce suchproof within the aforesaid period of three months or six months,as the case may be, his provisional registration shall be cancelledand the registration fee or the tuition fee paid by him shall notbe refunded and for the purpose of these Regulations no creditshall be given for the theoretical education undergone and

eligibility tests passed.

(4) A candidate shall pay such fee, as may be fixed by theCouncil from time to time, along with his application in the Formapproved by the Council, for admission to the ProfessionalEducation (Course-II).

17[(5) Notwithstanding anything contained in theseregulations, the Council may at any time after the introduction ofProfessional Competence Course, discontinue registration for theProfessional Education (Course-II).]


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28B. Admiss ion to the Profess iona l Educat ion

( Exam i na t i on - I I ) , Fees and Sy l l abus

18[(1) No candidate shall be admitted to the ProfessionalEducation (Examination-II) unless he produces a certificate tothe effect that he is registered with the Board of Studies of theInstitute and has complied with the requirements of the

theoretical education scheme as may be specified by the Councilfrom time to time.]

(2) Notwithstanding anything contained in sub-regulation(1), a candidate who has completed the practical training eitherpartly or fully before the commencement of these Regulationsbut has not passed the Intermediate examination under thesyllabus given in para 2A of Schedule 'B' to these Regulationsshall, instead be required to pass Professional Education(Examination-II) and for the purpose of these Regulations, theeligibility test earlier passed by him, if any, shall remain valid:

PROVIDED that such candidate shall be entitled to

continue and complete the practical training under theseRegulations.

(3) Notwithstanding anything contained in sub-regulations(1) and (2), a candidate who fails to pass the ProfessionalEducation (Examination-II) in five consecutive attempts from theexamination in which he is eligible to appear, shall not beadmitted to the said examination.

19[PROVIDED that a candidate, who has exhaustedhis/her five consecutive attempts in the Professional Education(Examination-II), shall be eligible to be admitted to the said

examination for five additional attempts in any of theexaminations held on or before the 31st December, 2007.]

Explanation - For the purpose of this regulation, anyattempt not availed of after becoming eligible to appear in theexamination shall be reckoned as an attempt for calculating thefive consecutive attempts.

(4) A candidate for the Professional Education(Examination-II) shall pay such fees as may be fixed by theCouncil from time to time.

(5) A candidate for the Professional Education


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(Examination-II) shall be examined in the subjects as may bespecified by the Council from time to time.

20[(6) Notwithstanding anything contained in theseregulations, the Council may at any time after the introduction ofProfessional Competence Course discontinue holding ProfessionalEducation (Examination-II) under these regulations and require

the candidates to pass the Professional Competence Examinationas per the syllabus as may be specified by the Council from timeto time.]

21[28C. Adm iss ion to Profess iona l Com peten ce Exam inat ion

(1) No candidate shall be admitted to ProfessionalCompetence Examination unless -

(a) he has passed Common Proficiency Test heldunder these regulations and Senior SecondaryExamination (10+2 examination) conducted by anexamining body constituted by law in India or an

examination recognized by the CentralGovernment as equivalent thereto; and

(b) he has worked for not less than fifteen months asan articled assistant or as an audit assistant orpartly as an articled assistant and partly as anaudit assistant, three months prior to the first dayof the month in which examination is held; and

(c) he has completed a course on InformationTechnology Training for such period and in suchmanner and within such time as may be specified

by the Council from time to time:

PROVIDED that a candidate who has passed FoundationExamination/Professional Education (Examination-I) andsuccessfully completed the Computer Training programme orInformation Technology Training under these regulations shall beadmitted to the said examination subject to compliance of clause(b) above:

PROVIDED FURTHER that a candidate who was exemptedfrom passing the Professional Education (Examination-I) underproviso to sub-regulation (1) of regulation 25B and is registeredas a candidate for the Professional Education (Course-II) shall be


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admitted, after discontinuance of the Professional Education(Examination-II), to the said examination, subject to his beingotherwise eligible to appear in the Professional Education(Examination-II).

(2) A candidate for the Professional CompetenceExamination shall pay such fees, as may be fixed by the Council,

which shall not exceed rupees ten thousand in any case.

(3) A candidate for Professional CompetenceExamination shall be examined in the syllabus as may bespecified by the Council from time to time.]

22[28D. Enro l m en t f o r I n t eg ra ted Pro fessi ona l Comp etence Cour se and Fees

(1) The study course for the chartered accountancycandidates shall be named as Integrated ProfessionalCompetence Course, which shall be composed of three levels viz.Group I, Accounting Technician (optional) and Group II. A

candidate may opt for enrolment to Group I or Group I andAccounting Technician or Accounting Technician and/or Group IIor Group I and Group II or for all the levels referred to above inthis regulation.

(2) No candidate shall be eligible for enrolment to anyof the level(s) of the Integrated Professional Competence Courseunless he has passed the Common Proficiency Test held underthese regulations and Senior Secondary Examination (10+2examination) conducted by an examining body constituted bylaw in India or an examination recognised by the CentralGovernment as equivalent thereto:

PROVIDED that a candidate who has passed EntranceExamination or Foundation Examination or Professional Education(Examination-I) under these regulations shall be eligible forenrolment to Integrated Professional Competence Course subjectto such conditions as may be specified by the Council:

PROVIDED FURTHER that a candidate who was alreadyregistered for erstwhile Intermediate Examination as per syllabusunder paragraph 2 or 2A of Schedule B or of ProfessionalEducation (Course-II) under sub-regulation (1) of regulation 28Aor Professional Competence Examination under regulation 28C ofthese regulations shall be eligible for enrolment/conversion to


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Integrated Professional Competence Course subject to suchconditions as may be specified by the Council.

(3) A candidate shall pay such fees for enrolment toIntegrated Professional Competence Course as may be fixed bythe Council which shall not exceed rupees twelve thousand alongwith his application in the Form as may be approved by the

Council.

28E . Admi ss ion t o I n t eg ra ted P ro fessi ona l Compet ence Exam inat ion , Fees and Sy l labus[Applicable to candidates appearing in IntegratedProfessional Competence Examination under the syllabus

as may be specified by the Council under sub-regulation(3) of this regulation.]

(1) No candidate shall be admitted to IntegratedProfessional Competence Examination unless:-

(a) he is enrolled for the relevant level(s) of theIntegrated Professional Competence Course; and

(b) he produces a certificate to the effect that he hasundergone a study course, for a period not less thannine months, as may be specified by the Council forthe relevant level(s), as on the first day of themonth in which the examination is held, in themanner as may be specified by the Council fromtime to time; and

(c)he has completed a course on InformationTechnology Training or Computer Training

Programme for such period and in such manner andwithin such time as may be specified by the Councilfrom time to time.

(2) A candidate for the Integrated ProfessionalCompetence Examination shall pay such fees, as may be fixed bythe Council, which shall not exceed rupees ten thousand.

(3) A candidate for the Integrated ProfessionalCompetence Examination shall be examined as per the syllabusas may be specified by the Council from time to time.


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(4) Notwithstanding anything contained in theseregulations, the Council may at any time after thecommencement of enrolment to Integrated ProfessionalCompetence Course discontinue holding of ProfessionalCompetence Examination under the syllabus as specified by theCouncil under sub-regulation (3) of regulation 28C and requirethe candidates to pass, in such manner as may be specified by

the Council from time to time, Integrated ProfessionalCompetence Examination as per the syllabus specified by theCouncil under sub-regulation (3) above.]

23[29.Adm iss ion to th e Fina l Exam inat ion24 [Applicable to candidates appearing in Final examination

under the syllabus prescribed in Para 3A of Schedule 'B']

No candidate shall be admitted to the Final Examinationunless -

(i) he has either passed the Intermediate Examinationunder these Regulations or the Chartered

Accountants Regulations, 1964, or theIntermediate or the First examination under theChartered Accountants Regulations, 1949, or wasexempted from passing the First examinationunder the Chartered Accountants Regulations,1949; and

(ii) he has completed the practical training as isrequired for admission as a member or has yet toserve not more than nine months of practicaltraining at least three months prior to the first dayof the month in which the examination is held:

Explanation In computing the aforesaid period of ninemonths, leave taken in excess of 138 days in the case of an*articled assistant and 184 days in the case of an *audit assistantshall be regarded as the period yet to be served under articled oraudit service, as the case may be.

(iii) There has been a time interval of at least two FinalExaminations between passing of the Intermediate

* Substituted, for the words, articled clerk and audit clerk, wherever they

occur in these Regulations, by Notification No.1-CA(7)/92/2006 published in PartIII, Section 4 of the Gazette of India, Extraordinary, dated 13th September, 2006.


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Examination and the first appearance at the Finalexamination:

PROVIDED that:-

(i) in the case of a candidate who appears in the FinalExamination within the last six months of the

period of his practical training, there need be atime interval of only one Final Examinationbetween the passing of the IntermediateExamination and the first appearance at the FinalExamination; and

(ii) in the case of a candidate who appears in the FinalExamination after completion of the period of hispractical training, there need be no time intervalbetween the passing of the IntermediateExamination and the first appearance at the FinalExamination.]

25[29A.Adm iss ion to th e Fina l Exam inat ion[Applicable to candidates appearing in Final examination

under the syllabus as may be specified by the Council26[under regulation 31(i)]]

(1) No candidate shall be admitted to the Finalexamination unless:-

27[(i) he has passed the Professional Education(Examination-II) under these regulations; and

(ii) he has completed the practical training as is

required for admission as a member or is servingthe last twelve months of practical training on thefirst day of the month in which the examination isscheduled to be held; and

(iii) he produces a certificate from the Board of Studiesof the Institute, to the effect that he has compliedwith the requirements of the theoretical educationscheme as may be specified by the Council fromtime to time:

PROVIDED the requirement of theoretical educationscheme shall not be applicable to a candidate who was admitted


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to the final examination held prior to the commencement of thefinal examination under the syllabus specified by the Council.

Explanation In computing the aforesaid period oftwelve months, leave taken in excess of 138 days in the case ofan articled assistant and 184 days in the case of an auditassistant shall be regarded as the period required to be served

under articled or audit service, as the case may be.]

(2) Notwithstanding anything contained in sub-regulation (1) a candidate who has either passed theIntermediate examination under these regulations or theChartered Accountants Regulations, 1964, or the Intermediate orthe First examination under the Chartered AccountantsRegulations, 1949 or was exempted from passing the firstexamination under that regulations shall also be admitted to thefinal examination provided he has completed the practicaltraining as is required for admission as a member or has beenserving the last six months of practical training including excessleave if any, on the first day of the month in which the

examination is scheduled to be held.

Explanation In computing the aforesaid period of sixmonths, leave taken in excess of 138 days in the case of an*articled assistant and 184 days in the case of an *audit assistantshall be regarded as the period required to be served underarticled or audit service, as the case may be.]

28[29B . Admi ss ion t o t he Fi na l exam i na t i on [Applicable to candidates appearing in Final Examinationunder the syllabus as may be specified by the Council

under regulation 31(ii)]

(1) No candidate shall be admitted to the FinalExamination unless he has passed the Professional CompetenceExamination held under these regulations and has completed thepractical training as is required for admission as a member on orbefore the last day of the month preceding the month in whichthe examination is held.

* Substituted, for the words, articled clerk and audit clerk, wherever they

occur in these Regulations, by Notification No.1-CA(7)/92/2006 published in PartIII, Section 4 of the Gazette of India, Extraordinary dated 13th September, 2006.


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(2) Notwithstanding anything contained in sub-regulation (1), a candidate who has passed the ProfessionalEducation (Examination-II) or the Professional CompetenceExamination from out of the category of candidates coveredunder second proviso to sub-regulation (1) of regulation 28C orthe Intermediate Examination under these regulations or theIntermediate Examination under the Chartered Accountants

Regulations, 1964 or the Intermediate or the First Examinationunder the Chartered Accountants Regulations, 1949 (enforced atthe relevant time) or was exempted from passing the FirstExamination under those regulations shall be admitted to theFinal examination provided he has completed the practicaltraining as is required for admission as a member on or beforethe last day of the month preceding the month in which theexamination is held or has been serving the last six months ofpractical training.]

29 [29C. Admission to Final Examination[Applicable to candidates appearing in Final Examination

under the syllabus as may be specified by the Council

under regulation 31(i), (ii) and (iii)]

(1) No candidate shall be admitted to the FinalExamination unless he has passed:-(i) the Professional Competence Examination in its

entirety, held under these regulations; and(II) completed the practical training as is required

for admission as a member on or before thelast day of the month preceding the month inwhich the examination is held:

PROVIDED that a candidate who has passed Professional

Education (Examination-II) under the syllabus as specified by theCouncil under sub-regulation (5) of regulation 28B and hascompleted the practical training as is required for admission as amember on or before the last day of the month preceding themonth in which the examination is held or has been serving thelast twelve months of practical training including excess leave, ifany, on the first day of the month in which the examination isheld, shall be admitted to the Final examination.

(2) Notwithstanding anything contained in sub-regulation (1) above, a candidate who has passed theProfessional Competence Examination from out of the categoryof candidates covered under second proviso to sub-regulation (1)


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of regulation 28C or Integrated Professional CompetenceExamination under the syllabus as may be specified by theCouncil under sub-regulation (3) of regulation 28E or theIntermediate Examination under these Regulations orIntermediate Examination under the Chartered AccountantsRegulations, 1964 or the Intermediate or the first examinationunder the Chartered Accountants Regulations, 1949, or was

exempted from passing the first examination under thoseregulations shall be admitted to the Final examination providedhe has completed the practical training as is required foradmission as a member on or before the last day of the monthpreceding the month in which the examination is held or hasbeen serving the last six months of practical training includingexcess leave, if any on the first day of the month in which theexamination is held.

Explanation In computing the aforesaid period of six ortwelve months, leave taken in excess of one-sixth of the actualperiod served subject to a maximum of days, as may bedetermined by the Council, shall be regarded as the period

required to be served under articled or audit service, as the casemay be.]

30. Adm ission fee for th e Fina l Exam inat ion

A candidate for admission to all the groups or only onegroup of the Final examination shall pay such fee as may befixed by the Council from time to time.

30[31. Syl labus for t he Fina l Exam inat ion

A candidate for the final examination shall be examined, -

(i) as per the syllabus specified by the Council afterintroduction of Professional Education (Course-II); or

(ii) as per the syllabus specified by the Council from timeto time after introduction of Professional CompetenceExamination.]

31[(iii) as per the syllabus specified by the Council from timeto time after commencement of enrolment to IntegratedProfessional Competence Course.]


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32. App l i ca t i on f o r Admi ss ion t o an Exam i na t i on

An application for admission to an examination shall bemade in the form approved by the Council, a copy of which maybe obtained from the Secretary, and, together with the fee fixedfor the examination, shall be sent so as to reach the Secretary in

accordance with the directions given by the Council.

33. Ri gh t t o r e fuse admi ssi on t o Exam i na t i on

(1) The Examination Committee or a personauthorised by it in this behalf may, for any sufficient reason to berecorded, refuse to admit a candidate to an examination or admithim to an examination subject to such conditions as it or he mayconsider to be reasonable in the circumstances of the case ormay for any sufficient reason to be recorded, refuse a candidateadmission to an examination hall or expel him from anexamination hall, after he has been admitted to it in the usualcourse.

(2) Any order passed by the Examination Committeeor the person authorised by it, may be reviewed by theExamination Committee.

32[34 . Refun d o f Fees

The fee paid by a candidate who has been admitted to anexamination, shall not be refunded under any circumstances.]

35. Cand i da tes t o be supp l i ed w i t h adm i ssi on t i cke t s

An admission ticket stating the place, dates and times at

which the candidate may present himself for an examinationshall be sent to each candidate to the address given by him inhis application not less than twenty-one days before thecommencement of the examination.

33[36. Requ i rement f o r passi ng t h e Founda t i on and t he P ro fessi ona l Educa t i on (Exami na t i on - I )

(1) A candidate for the Foundation Examination shallordinarily be declared to have passed the examination if heobtains at one sitting minimum of 40 per cent marks in eachpaper and a minimum of 50 per cent of the total marks of all thepapers.


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(2) A candidate for the Professional Education(Examination-I) shall ordinarily be declared to have passed theexamination if he obtains at one sitting a minimum of 40 percent marks in each paper and a minimum of 50 per cent of thetotal marks of all the papers.]

34

[3 6 A. Requi r em ent for Passing th e Com m on Prof i c iencyTest

A candidate for the Common Proficiency Test shallordinarily be declared to have passed the test if he obtains aminimum of 50 percent marks, subject to the principle ofnegative marking, in a manner as may be specified by theCouncil from time to time.]

35[37 .] O m i t t e d

36[37A. Requi r em ents for pass ing the Professiona l Educa t i on (Exami na t i on - I I )

(1) A candidate shall ordinarily be declared to havepassed the Professional Education (Examination-II) if he passesin both the groups. He may, either appear in both the groupssimultaneously or in one group in one examination and in theother group at any subsequent examination.

(2) A candidate shall ordinarily be declared to havepassed in both the groups simultaneously, if he

(a) secures at one sitting a minimum of 40 percentmarks in each paper of each of the groups and a

minimum of 50 percent marks in the aggregate ofall the papers of each of the groups; or

(b) secures at one sitting a minimum of 40 percentmarks in each paper of both the groups and aminimum of 50 percent marks in the aggregate ofall the papers of both the groups taken together.

(3) A candidate shall be declared to have passed in agroup if he secures at one attempt a minimum of 40 percentmarks in each paper of the group and a minimum of 50 percentmarks in the aggregate of all the papers of that group.


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(4) A candidate who has passed in any one but not inboth the groups of the Intermediate examination held underSchedule `B' or Schedule `BB' to the Chartered AccountantsRegulations, 1964 or under paragraph 2 of Schedule `B' to theChartered Accountants Regulations, 1988 and has subsequentlyappeared or required to appear as unit candidate under para 2Aof Schedule `B' to that regulations, but has not passed the

respective unit, shall be entitled to appear in their respective unittill the commencement of the examination as per syllabusspecified by the Council. Thereafter, the entitlement to appear asa `unit' candidate shall cease and such candidates shall berequired to appear in all the papers of both the groups to passthe Professional Education (Examination-II) as per syllabus asmay be specified by the Council, if they wish to pursue thecourse.

Explanation The expression 'unit' referred to above is aset of papers in which a candidate who has passed in any onebut not in both the groups of Intermediate examination prior tothe commencement of examination under the syllabus specified

in para 2A of Schedule 'B' to the Chartered AccountantsRegulations, 1988, is required to appear and pass.

(5) The Council may, frame guidelines for grantingexemption in a group or paper(s) to a candidate who has passedone of the groups under para 2A of Schedule `B' to theChartered Accountants Regulations, 1988 or under any othersyllabus subsequently specified by the Council, in the newsyllabus specified by it. Such candidates shall be required tosecure a minimum of 40 per cent marks in a paper and aminimum of 50 percent marks in the aggregate of suchpaper/group to pass the examination:

PROVIDED that any subsequent changes in the saidguidelines shall have prior approval of the Central Government.

(6) The Council may, frame guidelines to continue togrant exemption in a paper(s) to a candidate, granted earlierunder the erstwhile syllabus for the unexpired chance or chancesof the exemption in the corresponding paper or papers for thepaper/s in which he had secured exemption if the correspondingpaper exists in the new syllabus as may be specified by theCouncil and will be appearing in the corresponding paper for thepaper in which he had failed and shall be declared to havepassed the examination if he secures at one sitting a minimum of


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40 per cent marks in the corresponding paper for the paper inwhich he had failed and a minimum of 50 per cent marks in theaggregate of all the papers of the groups including the marks ofthe paper in which he had earlier been granted exemption by theCouncil:

PROVIDED that any subsequent changes in the said

guidelines shall have prior approval of the Central Government:

PROVIDED FURTHER that a candidate who had appearedas a unit candidate under syllabus as given in para 2A ofSchedule 'B' to the Chartered Accountants Regulations, 1988 andhad earlier been granted exemption by the Council, shall beentitled to avail the unexpired chance(s) of the exemption till thecommencement of the examination under the syllabus as may bespecified by the Council. If such a candidate fails to pass theunit to which he belongs, before the commencement of theexamination as per syllabus specified by the Council, theunavailed chance(s) of exemption shall thereafter automaticallylapse consequent upon the discontinuation of the unit scheme of

examination.

(7) Notwithstanding anything contained in sub-regulations(1) to (6), a candidate who fails in one or more paperscomprised in a group but secures a minimum of 60 percent ofthe marks in any paper or papers of that group shall be eligibleto appear at any one or more of the immediately next threefollowing examinations in the paper or papers in which hesecured less than 60 percent marks and shall be declared tohave passed in that group if he secures at one sitting a minimumof 40 percent marks in each of such papers and a minimum of 50percent of the total marks of all the papers of that group

including the paper or papers in which he had secured aminimum of 60 percent marks in the earlier examination referredto above if he was present in all the papers of that group and hasalready exhausted earlier exemption, if any, granted to him inthat group.]

37[37B. Requi r em ents for Pass ing the Profess iona l

Competence Examinat ion

(1) A candidate may appear in both the groupssimultaneously or in one group in one examination and in theremaining group at any subsequent examination and shallordinarily be declared to have passed the Professional


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Competence Examination if he passes in both the groups.

(2) A candidate shall ordinarily be declared to havepassed in both the groups simultaneously, if he -

(a) secures at one sitting a minimum of 40 percentmarks in each paper of each of the groups and

minimum of 50 percent marks in the aggregate ofall the papers of each of the groups; or

(b) secures at one sitting a minimum of 40 percentmarks in each paper of both the groups and aminimum of 50 percent marks in the aggregate ofall the papers of both the groups taken together.

(3) A candidate shall be declared to have passed in agroup if he secures at one sitting a minimum of 40 percentmarks in each paper of the group and a minimum of 50 percentmarks in the aggregate of all the papers of that group.

(4) A candidate who has passed in any one but not inboth the groups either of the Professional Education(Examination-II) under the syllabus as specified by the Councilunder sub-regulation (5)

The Chartered Accountants Regulations, 1988

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