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.
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.
(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 email@example.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)