Respected CA Manoj Fadnis

President , ICAI , New Delhi

Ref; kindly clarify your stand and action taken against insertion of names, photograph used in sending of SMSs/E-mails pertaining to activities of Committees from the official mechanism of ICAI and on banners displayed at the seminars.

Dear Sir,

A. We are in receipt of repetitive SMS from ICAI related to various functions undertaken by the committees. The same are carrying the name of Chairman of the committees.

B. We are in receipt of repetitive emails from ICAI and from the committees own mail related to various functions undertaken by the committees. The same are carrying the name of Chairman of the committees.

C. At the branch seminar, the banners  are carrying the photographs of various functionaries of regional council and central council members.

D. The news letter’s of the regional council and branches are carrying the photographs of the office bearers of regional council covering almost 50% of the news letter space and exhausting 70% cost of the newsletters.The same are carrying the messages of Secretary, Editors with photographs who have already declared their candidatures.

E. The committees are violating the federal structure by imposing a number of seminars at a particular region. Recently two of a committees headed by the same Chairman forcefully instructed branches of the particular region to host the seminars ( Around 50) in a quest to introduce his brothers candidature. The scrutiny of the references of the said committees doesn’t carry to hold the seminars moreover committees are there to assist the council not to rule the regional or branch level leadership.

F. There are constant abuses by the persons who are at the helm of affairs and its need of the hour to maintain it strictly. You have to act and show the rules to those who are floating the norms.

G. Kindly regulate the functions of the Committees within a well established frame work of references to the committees so that committees are able to do justice to their terms of reference?

H. Your attention is drawn to the following circulars issued by the institute in the past covering the above mention points and communicated advisories over the issue with the committees, regional councils and branches. You are requested to reaffirm through an advisory to maintain the dignity and decency of the profession.

1. Circular dated 11th March, 2010 whereby the decision taken by the President-in-Office at the relevant time in the matter of sending SMS/ E-mail in relation to the activities of Committees in the name of individual member of the Committee concerned was communicated as under :

“Effective from 12th March, 2010, while issue of SMSs/emails pertaining to activities of any Committees or Sub-Committee/Group of any Committee can continue, however, in so far as the details of sender are concerned, the same should be invariably restricted to the designation of either the Chairman of Secretary of the concerned Committee/Sub-Committee/Group, as the case may be only (without using the name of the functionary concerned).  In other words, while the designation of the above specified functionaries is permissible, use of name is not permitted”.

2. Communication dated 15th April, 2010 addressed by the President-in-Office at the relevant time to the Chairmen of Non-Standing Committees to the effect, inter alia, that “It may also be ensured that the E-mail IDs for communication in respect of any programme has to be of either of the Committee or of the Regional Councils/branches and no individual E-mail IDs or Firm E-mail IDs may be given for contact purposes”.

3. Circular bearing No.M-517/2010 dated 19th August, 2010 addressed to the Chairpersons of Regional Councils and of Branches of Regional Councils to the effect, inter alia, that “the aforesaid advisory dated 15th April, 2010 also covers the announcements relating to seminars and other programmes. In other words, no announcement/ communication in relation to any programme carrying name(s)/mobile numbers/e-mail ids of any functionary be published in the Regional Council/Branch Newsletter and/or hosted on the Regional Council/Branch Website. However, a Regional Council/Branch may publish in the Newsletter and/or host on the website such announcement/communication provided the same carry only the designation of a functionary (without name/mobile number/e-mail id)”.

4. Further Executive Committee, at its 499th meeting held in March, 2011, had reiterated the same when some council members have requested to withdraw the advisories on the issue.

5. If your good office has changed its stand over the issue, kindly communicate the same so that the matter be taken to the authority to seek directions under section 30 C of the of the Chartered Accountants act 2006.

I feel that you shall take some steps on effective regulatory mechanism at the earliest in these areas. I hereby urge your good office to consider what are the actions required to see that this misuse of official positioning is curbed immediately.

Thanking you,

Sincerely Your

CA AMRESH VASHISHT, Meerut

(About the Author- Author was Member of ICAI- Regional Research Committee 2013-14 and ICAI- Committee For Direct Taxes 2011-12 and can be reached at email amresh_vashisht@yahoo.com or on phone Phone: 0 1 2 1-2 6 6 1 9 4 6. Cell: 9 8 3 7 5 1 5 4 3 2 having office at 1 1 5, Chappel Street, Meerut Cantt, UP, INDIA)

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0 responses to “Open letter to ICAI President on use of official mechanism for displaying personal details of Committee Members”

  1. vsnmurty says:

    HI
    Let us not do nonsense when we have nothing to do.

  2. Vivek Agarwal says:

    My Email to Chairman

    Dear Chairman

    As discussed in our meeting yesterday, please find attached the professional ethics relevant question answers issued by ICAI, where it says that the name of firm cannot be given of practising CA, so are we doing something correct in giving name of ca firm of our speakers, should be examined.

    Q 12. Can a member in practice indicate in a book or an article, authored/contributed/published by him, his association with any firm of Chartered Accountants ?

    As per Para (e) under Clause (6) of Part I of First Schedule to the Act as appearing at page 138 of the Code of Ethics, 2009 a member is not permitted to indicate in a book or an article, authored/contributed/published by him, the association with any firm of Chartered Accountants.

    Q 26. Whether a member can appear on television/Radio or give lectures at forums?

    Yes, Council direction under Clause (7) of Part I of the First Schedule to the Act prescribes that a member may appear on television/Radio or give lectures at forums and may give his name and describe himself as chartered accountant. Special qualifications or specialized knowledge directly relevant to the subject matter of the programme may also be given. But no reference should be made, in the case of practicing member to the name and address or services of his firm. What he may say or write must not be promotional of him or his firm but must be an objective professional view of the topic under consideration.

    No reponse received from the said Chairman of Region

  3. CA. Subhash Chandra Podder says:

    They are all themselves as Cabinet Ministers ( Not Central Council / Regional Councils ), In the recent past at least from last 5/6 years we are getting so many emails SMS not only for the events organised by the Committees of ICAI even Greetings round the years be it may NEWYEAR , Bihoo, Dewali, so on and so fourth by the President and Vice president of ICAI. The CA Journal and Regional Councils News Letters Covers all most all the Photographs for the ceremonies of ICAI, and meeting with PM, Industrialists, lined up for lighting ceremonies of the Event by the Central Ministers ( CENTRAL COUNCIL / REGIONAL COUNCIL Members ) , in the CA Journal ” Readers Writes ” column (maximum One / half page of monthly Journal has been discontinued since several months, After opening the Ceremonies/ events all left from the events and claiming/ getting CPE Hours in structured learning with activities with out giving the delegate fees. Now one system has been introduced online Registration/ before the event by Cheque or DD. SPOT Extra fees . Why Spot should be extra. The system should be discontinued , Calling very senior members to come at the dias for lighting up the Events , What is doing Please come all the past and present council members for the lighting up the Events , when the opening ceremony is over all gone for their domestic works . The Open letter as above should be properly replied and circulated to All The members of ICAI.
    Persons delivering lectures giving two pages write ups . mentioning there in ” ANY QUESTIONS ? CONTACT “” CA. ABCD .C/o. XYZ, CHARTERED ACCOUNTANTS , MOBILE NO, TELEPHONE NO. EMIL ID
    I am in the active profession since 1971 ( over 45 years ) am getting fade up with the manner the Councils ( CENTRAL & REGIONAL ) are running presently . To earn money. If any one wanted to see the Last year Annual Reports and Audited Accounts will be surprised to see that the Balance Sheet has been printed in Two Pages
    Financial Statements of ICAI for the year 2013-2014
    Liabilities ( First Page ) 4 Lines ( Carried Over to Next Page)
    Others
    Then Assets Etc.
    And full annual statements covered what the different committees of ICAI has done during that period and Few Pages for financial statements and auditors reports and notes of Accounts . Regional Council Financial statements are more Pathetic , especially EIRC – ICAI ( please see 2012-2013.2011-2012 )

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