Disciplinary Committee

Estimated reading: 2 minutes 14 views

(1) A Disciplinary Committee, comprising of following members, shall be constituted to recommend the Council to take necessary actions after investigation upon complains lodged against any action, contrary to this Act or Regulations or code of conduct framed under this Act, rendered by any member, or the Institute receives any information of such kind :-
(a) A FCA member designated by the Council from amongst the Council members referred to in clause (a) of sub-section (3) of Section 7 -Chairman
(b) Three persons nominated by the Council from amongst the Council members -Member
(c) Two persons nominated by the Council from amongst the members -Member
(d) One person nominated by the Auditor General -Member
(2) Notwithstanding anything contained in sub-section (1), the Chairman or members shall not be allowed to attend any meeting that hears complaint against the Chairman or member of the Disciplinary Committee for their actions contrary to this Act or the Regulations, Bye-laws or code of conduct framed under this Act.
(3) The procedures of the meeting of the Disciplinary Committee and the term of office of the Chairman and members of the Disciplinary Committee shall be as prescribed.
(4) The Disciplinary Committee shall have the authority, similar to a judicial court, in respect of summoning concerned person and investigating evidences and witnesses.
(5) The Disciplinary Committee shall recommend to the Council, along with its opinion and finding, for necessary action against a member, if found guilty, and the Council may, considering such a recommendation, impose any of the following punishment according to the degree of offense:-
(a) Reprimanding,
(b) Removing from the membership for a period up to five years,
(c) Prohibiting from carrying on the accounting profession for any particular period,
(d) Cancellation of the Certificate of Practice or membership.
(6) Any Council member against whom the Disciplinary Committee, after investigating upon the complaint of his action contrary to the Act or Regulations, Byelaws or code of conduct framed under the Act, has decided to recommend the Council to take necessary action, shall not be allowed to attend and to vote at the Council meeting where the Council is hearing at such recommendation.
(7) Before imposing a punishment referred to in sub-section (5), the Council shall provide reasonable opportunity to the concerned members to submit their clarification.
(8) The concerned member may, if he is not satisfied with the decision referred to in sub-section (5), file an appeal in the Appellate Court.

Post a comment

Your email address will not be published.

Share this Doc

Disciplinary Committee

Or copy link

Contents
Discover Nepal's laws effortlessly. Our user-friendly platform simplifies legal understanding and accessibility, serving individuals throughout the country.