Revised order amplifying the Terms of Reference of the High Level Committee by Govt to dispose off disciplinary cases. – (19-04-2017)
19th April, 2017
ALL MEMBERS OF THE COUNCIL
Sub: Constitution of a High Level Committee to look into issues related to disposal of the disciplinary cases in the Profession Institutes
The Government, in supersession of its earlier Order dated 27th March, 2017 has issued a revised Order dated 10th April, 2017 amplifying the Terms of Reference of the High Level Committee to look into issues related to disposal of the disciplinary cases in the professional Institutes.
A copy of the said revised Order is attached for your information.
( V. Sagar )
Government of India
Ministry of Corporate Affairs
5th Floor, A-Wing, Shastri Bhavan, New Delhi
Dated the 1st April 2017
Subject: Constitution of a High-level Committee to look into issues related to disposal of the disciplinary cases in the Professional Institutes.
In supersession of Office Memorandum of even number dated 27th April 2017, a High-level Committee is hereby constituted to examine the existing provisions in the Acts, Rules and Regulations for dealing with the cases of misconduct in the three Professional Institutes, viz Institute of Chartered Accountants of India, Institute of Company Secretaries of India and Institute of Cost Accountants of India, and to give its specific recommendations on the amendments, if any, and new provisions required to be incorporated in the Acts, corresponding Rules and Regulations, with a view to strengthen the existing mechanism and ensure speedy disposal of the disciplinary cases.
2. The composition of the Committee is as under:
(i) Ms Meenakshi Datta Ghosh, IAS (Retired) (Former Secretary, Govt. of India, Ministry of Panchayati Raj) – Chairperson
(ii) Shri RK Tiwari, IRS (Retired) (Former Chairman, Central Board of Direct Taxes) – Member
(iii) Shri Amit Chatterjee, IRS (Retired) (Former Chief Commissioner of Income Tax, Mumbai/Delhi) – Member
(iv) Ms Bindu Agnihotri, IDAS (Retired) (Former Additional Controller of Defence Accounts) – Member
(v) Shri Nalin Kohli, (Advocate, Supreme Court of India) – Member
(vi) Shri D Bandopadhyay, ICLS (Joint Director, Ministry of Corporate Affairs) – Member
3. The Committee will function as per the following Terms
(i) The Committee will examine the existing provisions in the Acts, Rules and Regulation for dealing with the cases of misconduct in the three Institutes, and give its specific recommendation on the amendments, if any, and new provisions in the Acts, corresponding Rules and Regulations, with a view to strengthen the existing mechanism and ensure speedy disposal of the disciplinary cases, including but not limited to the following issues / aspects:
(a) Compilation of a manual on disciplinary procedure,
(b) Time limit for completion of disciplinary proceedings,
(c) Independence of Disciplinary Board and Committees,
(d) Role of Government Nominees in the appointment of Director (Discipline),
(e) Procedure for disposal of cases against the Members of the Council and the cases referred by the Government agencies/ regulatory bodies,
(f) Provision for counseling of the defaulting members,
(g) Provision for more than one Director (Discipline), particularly in the case of ICAI, where a large number of complaints are pending, and division of Disciplinary Directorate in more than one benches,
(h) Reducing the time period for taking action by Director (Discipline),
(i) Penalty or imposition of costs on complainants in cases of complaints filed on frivolous grounds or to settle personal scores,
(j) Avoiding undue adjournments of the sitting of the committees,
(k) Doing away with the practice of two stages of issuance of orders -one for holding guilty and second for declaring punishment,
(I) Separate budget at the disposal of Disciplinary Committee/Board,
(m) Uniform rates of sitting fee in three Institutes,
(n) Any other issue/aspect, which the Committee finds relevant to its objective.
(ii) Committee will also suggest draft formulations for amendments in the Acts, Rules and Regulations, wherever required, related to its recommendations.
(iii) The Commitlee will submit its recommendations to the Ministry within a
period of sixty days from the date of its constitution.
(iv) The Committee will also submit an interim report.
(v) The Committee may consult agencies/Professional Institutes/Professionals, as considered necessary, and determine its procedure.
(vi) ICAI will provide secretariat and logistic support which will be supported by ICSI and ICoAl.
4. Other operational aspects like sitting fees, travel expenses, etc, will be decided and orders issued separately.
5. This has the approval of Hon’ble Corporate Affairs Ministe
Deputy Secretary to the Govt of India
1. Members of the Committee
2. President ICAI, ICSI and ICoAl
(a) Secretary, ICAI, with a request to provide necessary administrative and logistic support to the Committee
(b) Secretary, ICSI
(c) Secretary, ICoAl
(d) PS to Hon’ble CAM
(e) PPS to Secretary, CA
(f) Guard File