CA Bill passed in Rajya Sabha



Quick Summary
The Chartered Accountants, Cost and Works Accountants, and Company Secretaries (Amendment) Bill, 2022, has been passed by the Rajya Sabha. This legislation amends existing acts to establish a coordination committee and improve mechanisms for dealing with professional misconduct. It aims to boost accountability and transparency through annual audits by firms appointed by the Comptroller and Auditor General of India, and by strengthening audit standards. The bill also introduces higher fines for misconduct and allows non-professionals to head disciplinary committees.

The Chartered Accountants, the Cost and Works Accountants and the Company Secretaries (Amendment) Bill, 2022, which was passed by the Rajya Sabha on Tuesday highlighting the procedural diligence involved in the legislation.

The Bill, which amends the Chartered Accountants Act, 1949, the Cost and Works Accountants Act, 1959, and the Company Secretaries Act, 1980, provides for the setting up of a coordination committee headed by the Secretary of the Ministry of Corporate Affairs.

This bill seeks to provide a mechanism to deal in cases of misconduct in the Institutes of CA, CMA and CS.

CA Bill Passed in Rajya Sabha for Greater Accountability

What are the aims of the Bill?

  • The bill is aimed at enhancing accountability and transparency by audit of accounts annually of Institutes by a set of Chartered Accountant Firms appointed by the Council by the Comptroller and Audit General of India.
  • To bring greater robustness and accountability in India's standards of audit and how audit certificates are being given.
  • The bill also provides for the registration of firms with the institutes and it will help in paving the way for Indian accountancy firms.
  • To enhance the quantum of fines for partners and firms found guilty of misconduct.
  • The legislation also seeks to appoint non-Chartered Accountant (CA), non-cost accountant and non-company secretary as the presiding officer of the disciplinary committees of the respective institutes.

 "The proposed amendments are very much in line with the core principles which have been given by the independent audit regulators", said Hon'ble Finance Minister Smt Nirmala Sitharaman.

Citing the Satyam and the ILFS scandals Hon'ble Finance Minister said "We have repeatedly been questioned about the number of failings of the CAs, who did not deliver as per expectations."

Smt Niramala Sitharaman, who is in charge of finance and corporate affairs ministries, noted that the bill has been envisaged after consulting various stakeholders and taking into account the findings of the Meenakshi Datta Ghosh committee. "The corporate governance system needs to be robust in order to meet the global investment expectations," added Smt Nirmala Sitharaman, reiterating the need of the Bill.

FAQ :

The Bill aims to enhance accountability and transparency within the Institutes of Chartered Accountants, Cost and Works Accountants, and Company Secretaries, and to improve the standards of audit and how audit certificates are issued.

The Bill provides a mechanism to deal with cases of misconduct and seeks to increase the fines for partners and firms found guilty of such offences.

Annual audits of the institutes' accounts will be conducted by Chartered Accountant Firms appointed by the Council, under the oversight of the Comptroller and Auditor General of India.

Yes, the legislation allows for the appointment of non-Chartered Accountant, non-Cost Accountant, and non-Company Secretary individuals as the presiding officer of the disciplinary committees.

A coordination committee, headed by the Secretary of the Ministry of Corporate Affairs, will be set up under the provisions of the Bill.




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