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ICAP Bye-Laws1983

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PART II

CHARTERED ACCOUNTANTS BYE-LAWS, 1983

AS AMENDED UP TO MAY, 2020


CHARTERED ACCOUNTANTS BYE-LAWS, 1983

CONTENTS

CHAPTER I PARTICULARS PAGE


PRELIMINARY
1. Short title and commencement 44
2. Definitions 44
2A Member in Practice 47
3. Forms 47
4. Notice to members 48
CHAPTER II
MEMBERS OF THE INSTITUTE

5. Register 49
6. Admission of members 49
7. Particulars to be supplied by members 49
8. Certificate of Practice 49
9. Certificate of Admission and Practice 50
10. Fees 50

CHAPTER III ELECTIONS TO THE COUNCIL

11. Date of election 52


11A Notification of election 54
12. Members entitled to vote 54
13. Qualifications of members to stand for election 54
14. Number of members to be elected 55
15. List of voters 55
16. Nominations 56
17. Fee for election 56
18. Scrutiny of nominations 56

V
CHARTERED ACCOUNTANTS BYE-LAWS, 1983

CONTENTS

PARTICULARS PAGE
19. Preparation of list of valid nominations 57
20. Withdrawal of candidature 57
21. Intimation of final list of nominations to voters 58
22. Death or cessation of membership of a candidate 58
23. Uncontested election, etc. 58
24. Admissible number of votes to a voter 59
25. Mode of election 59
26. Election stations 59
27. Election Officer 60
28. Secret chamber 60
29. Ballot paper 60
30. Presence of the candidates and their authorized 60
representatives at the election stations
31. Voting to be in person and not by proxy 60
32. Assistants to Election Officer 60
33. Identification of voters 61
34. Record to be kept by the Election Officer 61
35. Manner of recording of votes after receipt of 61
ballot paper
36. Procedure at the election station 62
37. Eligibility to vote by post 63
38. Election committee to send ballot papers by post 63
39. Ballot papers to be returned after recording votes 64
thereon
40. Issue of undelivered and fresh ballot papers 64

VI
CHARTERED ACCOUNTANTS BYE-LAWS, 1983

CONTENTS

PARTICULARS PAGE
41. Grounds for declaring ballot papers invalid 64
42. Appointment of time and place for the counting 64
of votes
43. Presence of candidates at the time of counting of 64
votes
44. Counting of votes 65
45. Notification of results 66
46. Election not to be invalid due to accidental 66
omission etc.
47. Disciplinary action against a member in 66
connection with conduct of election
47A Presentation by each candidate 68
48. Election dispute 69
MEETINGS AND PROCEEDINGS OF THE
CHAPTER IV
COUNCIL
49. Meetings of the Council 70
50. Notice of meeting 70
51. Special meetings 70
52. Presiding over meetings 70
53. Quorum at meetings 70
54. Adjournment of meeting 70
55. Procedure for transaction of business 71
56. Passing of resolution at meetings 71
57. Records of minutes 71
58. Absence of members of the Council from 72
Pakistan

VII
CHARTERED ACCOUNTANTS BYE-LAWS, 1983

CONTENTS

PARTICULARS PAGE
CHAPTER V MEETINGS AND PROCEEDINGS OF THE
INSTITUTE
59. Annual meeting 73
60. Special meetings 73
61. Notice of meeting 73
62. Notice of motion to be given 73
63. Meetings to be presided by the President etc. 74
64. Quorum at meetings 74
65. Adjournment of meeting 74
66. Voting at meetings and demand for poll 74
67. Appointment of scrutinizers 75
68. Procedure when poll demanded 75
69. Result of poll 75
70. Demand for poll not to prevent other business 76
71. Minutes of the meeting 76
CHAPTER VI STANDING AND OTHER COMMITTEES
72. Committees of the Council 77
73. Executive Committee 77
74. Examination Committee 78
75. Investigation Committee 79
76. Chairman of the Standing Committees 80
77. Term of office of members of the Committees 80
78. Meetings of the Committees 80
79. Notice of meeting 81

VIII
CHARTERED ACCOUNTANTS BYE-LAWS, 1983

CONTENTS

PARTICULARS PAGE
80. Quorum, etc., at meetings 81
81. Procedure for transaction of business 81
82. Casting vote 82
83. Secretary of the Committees 82
84. Minutes 82
REGIONAL
CHAPTERVII
COMMITTEES
85. Regional Committees 83
86. Admission and removal from Regional Register 83
87. Resignation from the Regional Committee and 83
casual vacancies
88. Date of election 84
89. Election to the Regional Committees 84
90. Duties and functions of Regional Committees 85
91. Office bearers in the Regional Committee 86
92. Finance and accounts 86
93. Meetings of Regional Committees 87
94. Meetings of the members of the Regional 87
Constituency
95. Duration of the Regional Committee 88
96. Dissolution of a Regional Committee 88
CHAPTER
STUDENTS
VIII
97. Admission of students as trainees 89
98. Probationary period 89

IX
CHARTERED ACCOUNTANTS BYE-LAWS, 1983

CONTENTS

PARTICULARS PAGE
99. Period of training and registration of training 89
contract
100. Provisions to be included in training contract 90
101. Premium 90
102. Criteria to train students 90
103. Transfer and execution of fresh training contracts 91
104. Maximum number of students to be trained by a 92
member
105. Permission to train additional students 92
106. Students not to engage in other business 92
107. Power to terminate the training of a student 93
108. Registers to be maintained 94
108A. Professional Accounting Affiliate 94
CHAPTER IX TRAINING AND EXAMINATION
109. Conditions to become a member of the Institute 95
110. Study courses & materials 96
111. Time and places of examinations 96
112. Registration of examinees 97
113. Subject and syllabus of the examinations 97
114. Application for admission to an examination 97
115. Admission fee for examinations 97
116. Refund of examination fee 97
117. Examination results 98
118. Failure of candidates at examinations 98

X
CHARTERED ACCOUNTANTS BYE-LAWS, 1983
CONTENTS

PARTICULARS PAGE
119. Examination certificates 98
ENTRANCE EXAMINATION
120. Omitted 98
ASSESSMENT OF FUNDAMENTAL
COMPETENCIES
121. Admission to assessment of fundamental 99
competencies
122. Admission to examinations of certificate in 99
Accounting and Finance
Direct Admission to examinations of certificate 99
122 A
in Accounting and Finance
123. Exemption Policy 99
FINAL OR PROFESSIONAL EXAMINATIONS
124. Admission to final examinations and 103
examinations of Certified Finance and
Accounting Professional
124A. Admission to Multi Subject Assessments 105
125. Certificate of service and fitness 105
CHAPTER X MISCELLANEOUS
126. Finances 106
127. Audit of accounts of the Institute 106
128. Powers and duties of the President and Vice 107
President or Vice Presidents
129. Powers and duties of the Secretary 108
129 A Power to issue directives 109
130. Indemnity 109
131. Constitution of students’ associations 109
132. Method of payment of fees 110
133. Publication of list of members 110
134. Custody and use of Common Seal 110
XI
CHARTERED ACCOUNTANTS BYE-LAWS, 1983

CONTENTS

PARTICULARS PAGE
135. Other Functions of chartered accountants in 111
practice
136. Location of the office of the Institute 111
137. Power to remove difficulties 111
138. Repeal of Chartered Accountants Bye-Laws, 1961 111

XII
CHARTERED ACCOUNTANTS BYE-LAWS, 1983*

S.R.O.51(KE)/83

Karachi, the 1st November, 1983

In exercise of the powers conferred by sub-section (1) of section 27 of the


Chartered Accountants Ordinance, 1961 (X of 1961), the Council of the Institute
of Chartered Accountants of Pakistan, with the approval of the Federal
Government makes the following bye-laws, the same having been previously
published as required by sub-section (3) of that section, namely: -

CHAPTER I

PRELIMINARY

1. Short title and commencement. - (1) These bye-laws may be called the
Chartered Accountants Bye-Laws, 1983.

(2) They shall come into force at once.

2. Definitions. - (1) In these bye-laws, unless there is anything repugnant in


the subject or context: -

(a)“certificate of practice” means a certificate granted under these


bye-laws, entitling the holder to practice as a chartered accountant
or Management Consultant;

(b) “date of election” means the date of polling or pollings of an


election;

**(ba) "electronic form" means medium of an electronic device connected


via internet or any other source including electrical, digital,
wireless or electromagnetic technology used for facilitating voters
to cast their votes in such form;

(c)“form” means a form set out in the Schedule;

(d) “graduate” means a graduate of a University constituted by law in

* These bye-laws were published in part-II of the Gazette of Pakistan Extraordinary dated December 1, 1983.
** SRO 13(KE)/2020 dated 28.01.2020, published in Part-II of Extraordinary Gazette of Pakistan dated 04.05.2020.

44
Pakistan, or a graduate of any other University recognized by the
Council;
**(da) “member responsible for students’ affairs” means a proprietor
or a partner nominated by the training organization ***in practice or a
member employed by a training organization outside practice as
responsible for students affairs including signing of contracts,
coordinating with the Institute and the students and ensuring
compliance with the training regulations and guidelines issued by the
Institute;

(e)“Ordinance” means the Chartered Accountants Ordinance, 1961 (X


of 1961)

(f) “President” means the President of the Institute;

(g) *Omitted

(h) “principal place of business” means the place of business


registered by a member of the Institute or, where more than one
place of Business are registered, the place of business indicated
by him as his principal place of business;

(i) “registered address” means, in the case of a member in practice


his principal place of business, and in the case of a member not in
practice, the address last notified by him to Institute as his address
for communication;

(j) “schedule” means the schedule annexed to these bye-laws; these


bye-laws were published in part-II of the Gazette of Pakistan
Extra-ordinary dated December 1, 1983.

(k) “seal” means the seal of the Institute;

(l) Secretary” means the Secretary of the Institute and includes a


Deputy Secretary or an Assistant Secretary of the Institute, or any
person acting as Secretary under direction of the Council;

**S.R.O. 92 (KE)/2015 dated 14.07.2015, published in Part-II, Extra-ordinary Gazette of Pakistan dated 08.09.2015.
*** *S.R.O. 88 (KE)/2016 dated 05.04.2016, published in Part-II, Extra-ordinary Gazette of Pakistan dated 09.05.2016.

* S.R.O. 21 (KE)/2010 dated 11.02.2010, published in Part-II, Extra-ordinary Gazette of Pakistan dated 26.02.2010.

45
(m) section” means a section of the Ordinance;

* (ma) “specified degree awarding institute” means a university or its


affiliated institute recognized by the Higher Education
Commission of Pakistan and which fulfills the criteria specified
by the Council from time to time;

(n) *deleted

(o) “training” means training under training contract with a


**Training Organization entitled to train students under the
Ordinance and these bye-laws:

*(oa) “training organization” means a firm of chartered accountants


including a member in practice or an undertaking ***outside
practice as determined by the Council suitable to provide
environment to students for gaining competence based practical
experience prior to admission to membership of the Institute;

*(ob) “training regulations and guidelines” means training regulations


and guidelines as approved by the Council;

(p) “Tribunal” means the Tribunal appointed under section 10 of the


Ordinance;

(q) Vice President” means the Vice-President of the Institute.

(2) Any reference in these bye-laws to members, associates, or fellows


shall, unless the contrary intention appears, be construed as a
reference to members, associates and fellows respectively of the
Institute.

*S.R.O. 12(KE)/2006 dated 27.01.2006, published in Part-II, Extra-ordinary Gazette of Pakistan dated 04.02.2006.

(n) “student” means a person who is or has been a trainee under training contract with a principal, and has not
successfully completed the examinations of the Institute, or who has been admitted to the Basic Accountancy
Course.
**S.R.O. 21 (KE)/2010 dated 11.02.2010, published in Part-II, Extra-ordinary Gazette of Pakistan dated 26.02.2010.
*** S.R.O. 88 (KE)/2016 dated 05.04.2016, published in Part-II, Extra-ordinary Gazette of Pakistan dated 09.05.2016.

46
*2A. Member in practice. - (1) A member shall be deemed “to be in practice”
when individually or in partnership with chartered accountants in practice,
he in consideration received or to be received, -

(i) engages himself in the practice of accountancy; or

(ii) offers to perform or performs services involving the auditing or


verification of financial transactions, books, accounts, or records or
the preparation, verification or certification of financial accounting
and related statements or holds himself out to the public as an
accountant; or
(iii) renders professional services or assistance in or about matters of
principle or detail relating to accounting procedure or the
recording, presentation or certification of financial facts or data; or
(iv) renders services in the field of management consultancy; or

(v) renders such services as, in the opinion of the Council, are or may
be rendered by a chartered accountant in practice and the
expression “to be in practice” with its grammatical variations and
cognate expressions shall be construed accordingly; or

(vi) an associate or a fellow of the Institute who is a salaried employee


of a chartered accountant in practice or a firm or a training
organization of such chartered accountants shall, notwithstanding
such employment, be deemed to be in practice for the limited
purpose of training of students.

(2) A member shall be entitled to practice as a chartered accountant or


a management consultant on being granted a certificate of practice
provided that for granting certificate of practice the Council may
impose such conditions as it may deem fit.

(3) Every such member in practice shall pay an annual fee for his
certificate in such manner and in such amount as may be approved
by the Council from time to time.

3. Forms. - The forms set out in the Schedules shall be used in matters

*S.R.O. 12(KE)/2006 dated 27.01.2006, published in Part-II, Extra-ordinary Gazette of Pakistan dated 04.02.2006.

47
which they purport to relate and all notes and directions contained in the
forms shall be observed accordingly.

4. Notice to members. - (1) All notices required by the Ordinance and these
bye-laws to be given or sent to members shall be sent under certificate of
posting or by messenger to the registered address of each member and for
proving that such notice has been given or sent it shall be sufficient to
prove that notice was properly addressed and posted or delivered.

(2) The non-receipt of any such notice shall not invalidate any such
notice, meeting, resolution, proceeding or action in any meeting.

48
CHAPTER II

MEMBERS OF THE INSTITUTE

5. Register. - The register of members shall be maintained in Forms I and II


specified in Schedule ‘A’.

6. Admission of members. - (1) Every applicant for admission as an


associate or a fellow shall satisfy the Council of his having fulfilled the
conditions specified in the Ordinance and these bye-laws in such manner
as the Council may require and shall produce for being enrolled as an
associate or a fellow such documentary evidence about his eligibility for
admission and removal of disqualification, if any, as the Council may
deem necessary and the Council, on being so satisfied, shall admit him on
payment of the fees prescribed in these bye-laws.

(2) Every person before becoming a member shall undertake to be


bound by the Ordinance, these bye-laws and the pronouncements
issued by the Council from time to time.

7. Particulars to be supplied by members. - Every member shall inform


the Secretary of any change in his registered address, or place or places of
business or employment and shall also supply the Council with any other
information relating to his practice or employment which the Council may
reasonably require for carrying out the provisions of the Ordinance or
these bye-laws.

8. Certificate of practice.- (1) A member may apply to the Council for *a


certificate to practice entitling him to practise as a chartered accountant or
management consultant and the Council shall grant to him such a
certificate on his establishing to its satisfaction in such manner as it may
require that **he has complied with the requirements as stipulated in bye
law 109 and any other directive of the Council and that he will be in
practice as a Chartered Accountant or Management Consultant as his main
occupation.

* SRO 84 (KE)/94 dated 21.2.1994 published in Part-II, Extra-ordinary Gazette of Pakistan dated 07.05.1994.
** SRO 2 (KE)/99 dated 10-2-1999 published in Part-II, Extra-ordinary Gazette of Pakistan dated 02.03.1999.

49
(2) The certificate shall be issued in the form prescribed by the
Council and shall be valid until the thirtieth day of June next
following.

(3) The validity of the certificate shall, on payment of the annual fees,
*and on fulfillment of the directives of the Council be extended
from time to time by a renewal certificate to be issued by the
Secretary in the form prescribed by the Council.

(4) A member in practice, on ceasing to be in practice, shall-

(i) inform the Council immediately of the fact of his having done
so, but in any case not later than one month from the date he
ceases to practice; and

(ii) return the certificate of practice to the Secretary.

9. Certificate of admission and practice. - Upon a person being admitted as


an associate or a fellow and being permitted to practice, he shall in each
event be entitled to a certificate to that effect under seal.

10. **Fees.- (1) Every member shall pay to the Institute such fee, as
applicable to him, within such time and in such manner, as prescribed by
the Council from time to time.

Provided that-

i. half the amount of annual membership fee only shall be payable by


a person admitted on or after the first January and before the first
July in any year;

ii. an associate, on being admitted as a fellow during a year, shall pay


for that year any additional fee necessary to increase his fees to the
amount then applicable to him; except that where the said change
takes place after the last day of December, one-half only of the
said additional amount shall be payable;

*SRO 2 (KE)/99 dated 10-2-1999 published in Part-II, Extra-ordinary Gazette of Pakistan dated 02.03.1999.
**SRO 5 (KE)/97 dated 12.10.1996 published in Part-II, Extra-ordinary Gazette of Pakistan dated 20.02.1997.
** SRO 23 (KE)/95 dated 19.01.1995 published in Part-II, Extra-ordinary Gazette of Pakistan dated 28.01.1995

50
iii. *a member attaining the age of sixty years and not holding a
certificate of practice and also not engaged in any full time
remunerated business or professional activity may on payment
of three thousand rupees become life member of the Institute.
Status of concessional members appearing in record of the

Institute as on the 30th June, 2019 who opted to avail the


concessional fee payment of one hundred and twenty rupees
per year shall automatically be converted to life members
without having to pay any additional amount.
iv. **A member may apply to the Council as a special case for the
waiver or concession of membership fee. Before granting such
relief, the Council must satisfy itself that because of severe
personal hardship, special circumstances exist to warrant
granting of such waiver or concession in membership fee. The
waiver or concession granted will be at the discretion of the
Council and according to the circumstances which may include
illness diagnosed as incurable, permanent or temporary
incapacity and unable to work for a period.

Provided further that, the Council if deemed necessary may ask


such member to surrender practicing certificate.

v. In case a member is unable to pay the fee within a time


***

specified by the Council for this purpose, he shall be liable to


pay such surcharge as late payment fee as may be determined
by the Council.

vi. a member who remains un-employed for more than one year
****

and is not engaged in any part-time remunerated activity during


that period may apply to the Institute for concession in the
annual membership fee to the extent of seventy-five percent of
the total membership fee dues. Such concession granted shall
be for a period of one year.

(2) All annual fees shall be payable by the first day of July each year.

* SRO 25 (KE)/2014 dated 11.06.2014, published in Part-II of Extraordinary Gazette of Pakistan dated 20.06.2014.
 SRO 12(KE)/2020 dated 28.01.2020, published in Part-II of Extraordinary Gazette of Pakistan dated 02.05.2020
** SRO 6 (KE)/2010 dated 04.01.2010, published in Part-II of Extraordinary Gazette of Pakistan dated 06.04.2010.
*** SRO 94 (KE)/2013 dated 19.11.2013, published in Part-II of Extraordinary Gazette of Pakistan dated 22.11.2013.
**** SRO 118 (KE)2015 dated 17.12.2015 published in Part-II of Extraordinary Gazette of Pakistan dated 29.10.2015

51
CHAPTER III

ELECTION OF THE COUNCIL

11. Date of election. - (1) The Council shall decide and notify to the members
the date of election at least four months before such date.

(2) The President shall, within a fortnight of the date of notification of


the date of election by the Council, appoint *four members who are
not members of the Council to act as Election Committee.

*(2A) The Election Committee shall request the President to allocate a


dedicated team from the Secretariat or staff of the Institute which
shall be responsible for carrying out election - related work on
election day and also for a specified duration before that day and
the staff so allocated shall for the nominated days remain under
direct control and supervision of the Election Committee.

*(3) Election Committee shall be responsible for reviewing and


scrutinizing the nomination papers, candidates’ profiles and all
other documents related to candidates, as well conducting elections
on election stations on date of elections and the election committee
shall have the power to-

(a) reject nomination papers of a candidate, who does not fulfill the
requirement of bye-law 13; and

(b) disqualify any candidate, who provides false, misleading or


incorrect information.

*(4) Election Committee shall hold pre-poll meeting with candidates to


apprise them about arrangements for smooth conduct of elections
and Election Committee shall ask candidates to sign an
undertaking under sub-bye-law (12).

*(5) Power of acceptance or rejection or modification of candidate’s


profiles for uploading on website of the Institute shall hereafter lie

* SRO 13(KE)/2020 dated 28.01.2020, published in Part-II of Extraordinary Gazette of Pakistan dated 04.05.2020.

52
with the Election Committee, which may direct any such change to
candidates’ profile as it may deem appropriate and its decision in
this regard shall be final.
*(6) The Election Committee shall have powers to issue such
directions, or orders as may be necessary for performance of its
functions and duties, including an order doing complete justice in
any matter pending before it and an order for securing attendance
of any person or discovery or production of any document.

*(7) On the request of an election officer, the Election Committee, in


consultation with the President, may stop the poll at any stage of
an election, if it is convinced that it shall not be able to ensure
conduct of the election justly and fairly.
*(8) In case of temporary stoppage of elections, the election officer
while so authorized by the Election Committee, may extend the
polling time in order to compensate for the time lost.
*(9) In case the elections are cancelled under sub-bye-law (7), the
Election Committee shall order a fresh poll within a period of
thirty days and shall, by notification, inform the members in that
particular constituency or station the day for fresh poll along with
the place and the hours during which such fresh poll shall be
conducted.
*(10) The provisions to a poll and its conduct as provided for in
applicable laws, rules and bye-laws shall apply to such fresh poll
as they would be applicable to original polling.
*(11) Election Officer shall keep order at an election station and may
remove or cause to remove any person or member who
misconducts himself at the election station or fails to obey any
lawful orders of the election officer.

*(12) Election Committee shall get an undertaking signed by contesting


candidates to the extent that they shall not violate for the purpose
of election’s applicable law, rules, bye-laws, instructions and
procedures and that they shall follow the code of conduct and good
practices.

* SRO 13(KE)/2020 dated 28.01.2020, published in Part-II of Extraordinary Gazette of Pakistan dated 04.05.2020

53
*11A. Notification of election: - (1) The Election Committee, not later than
thirty days from the date of notification of the date of election, shall by
notification call upon the members to elect members of the Council and
shall specify therein -
(a) *a day, at least twenty days after the issue of the notification, on or
before which nomination of candidates is to be made;

(b) *a day, at least one day after the nomination day, for the scrutiny of
nomination papers;

(c) *a day, at least ten days after the nomination day, on or before which
candidature may be withdrawn;

(d) *a day, at least forty - five days after the date of withdrawal of
candidature, on or before which ballot papers by post should reach the
Election Committee under bye-law 39;

(e) *a day for counting of votes; and

(f) *a day for the declaration of results.

(2) *In the notification issued under sub-bye-law (1), the Election Committee
shall also specify the number of members to be elected to the Council
from each zone of the regional constituency.

12. Members entitled to vote. - Subject to the provisions of these bye-laws, a


member whose name is borne on the Register on the date immediately
preceding four months from the date of election shall be entitled to vote in
the election from the respective zone of the regional constituency within
whose territorial jurisdiction his address falls on the said date:

Provided that his name has not been removed from the Register after
publication of the list of voters.

13. Qualifications of members to stand for election. - *(1) Subject to the


provisions of these bye-laws, a member of at least five years continuous
standing with the Institute on the date of election, shall be eligible to stand

* SRO 13(KE)/2020 dated 28.01.2020, published in Part-II of Extraordinary Gazette of Pakistan dated 04.05.2020

54
for election to the Council from the respective zone of the regional
constituency in which his name is included.

(2)
* A member shall be eligible to stand for elections of the Council from the
respective zone of the regional constituency in which his name is
included:

Provided that a member shall only be eligible to stand for the election
from a respective zone of the regional constituency, if as per the Institute’s
records, his last two years’ address appearing in the membership directory
is of that zone. In case of overseas members, their last permanent address
of Pakistan as registered with the Institute shall form the basis for
determining the aforementioned condition
14. Number of members to be elected. - The number of members to be
elected to the Council from each zone of the two regional constituencies
shall be as under: -

(a) SOUTHERN REGION:


(i) Zone A: Comprising the province of Sindh **8
(ii) Zone B: Comprising the province of Baluchistan 1

TOTAL 9

(b) NORTHERN REGION:


(i) Zone A: Comprising the province of the Punjab **5
including Federal Capital of Islamabad.
(ii) Zone B: Comprising the North-West Frontier 1
Province, Tribal Areas and Azad Kashmir.
TOTAL 6
15. List of voters. - At least three months before the date of election, the
Election Committee shall notify to the members of each zone of a regional
constituency a list of members eligible to vote in that zone, with their
addresses, and the manner in which the voters in any particular place shall
exercise their right of vote.

* SRO 13(KE)/2020 dated 28.01.2020, published in Part-II of Extraordinary Gazette of Pakistan dated 04.05.2020
** S.R.O.10(KE)/2009 dated 23.02.2009, published in the Part II of Extraordinary Gazette of Pakistan dated 24.02.2009

55
Explanation: - Subject to the provisions of these bye-laws, the address of a
member published in the list of voters shall be final for determining the
manner in which he shall be entitled to cast his vote or the zone of the
constituency to which he shall belong for the purpose of casting his vote.

16. Nominations. - The nomination of a candidate shall be in the appropriate


form duly signed by the candidate and by the proposer and the seconder
both of whom shall be persons entitled to vote in the election of the zone
of the regional constituency to which the candidate belongs and shall be
forwarded by registered A.D. or hand delivery to the Election Committee
so as to reach it not later than 4.00 p.m. on the nomination date:

*Provided that a member shall not be allowed to propose or second


candidates in excess of the number of his entitlement to cast vote at the
Council and Regional Committee Elections.

17. Fee for election. - (1) A candidate for election shall pay, irrespective of
the number of nominations, in all a fee of two hundred rupees by a
demand draft payable to the Institute.

(2) A candidate whose nomination is held to be invalid shall be


entitled, on an application made by him in this behalf to the refund
in full of the fee.

18. Scrutiny of nominations. - (1) The Election Committee shall scrutinize


the nomination papers of all the candidates and shall endorse on each
nomination paper its decision whether it accepts or rejects the nomination.

(2) The Election Committee shall record in brief the reasons for
rejecting a nomination.

(3) The Election Committee shall reject a nomination if it is satisfied


that-

(i) the candidate was ineligible to stand for election; or

(ii) the proposer or the seconder was not qualified to subscribe to


the nomination paper; or

* SRO 13(KE)/2020 dated 28.01.2020, published in Part-II of Extraordinary Gazette of Pakistan dated 04.05.2020

56
(iii) the signature of the candidate or the proposer or the seconder
was not genuine; or

(iv) there has been a failure to comply with the provisions of bye-
laws 16 or 17.
Provided that: -
(i) the Election Committee shall not reject a nomination paper
on the ground of a technical defect which is not of a
substantial character; and

(ii) the rejection of a nomination paper by reason of any


irregularity in respect of that nomination paper shall not
invalidate the nomination of a candidate by any other valid
nomination paper.

(4) If a proposer or a seconder incurs any disability by reason of the


operation of the provisions of the Ordinance or these bye-laws
subsequent to the date of signing the nomination, it shall not
invalidate the nomination paper.

(5) In case where a nomination paper or more than one nomination


papers were filed and one or more of each nomination papers of a
candidate has or have been rejected, the Election Committee shall
give notice of its decision together with a brief statement of its
reasons therefor to the candidate concerned by registered post.

19. Preparation of list of valid nominations. - (1) The Election Committee


shall, after the scrutiny of nomination papers, prepare a list of validly
nominated candidates for each zone of the constituency and cause a copy
of the list to be sent by registered post to each candidate from the zone
within ten days of the nomination date.

(2) The list shall contain full names in alphabetical order and the
addresses of validly nominated candidates for each zone of the
constituency.

20. Withdrawal of candidature. - (1) Any validly nominated candidate may


withdraw his candidature by notice in writing subscribed by him and

57
delivered to the Election Committee before 4.00 p.m. of the withdrawal
date.

(2) The withdrawal of candidature shall be intimated by the Election


Committee to the other candidates standing for election from the
same zone of the constituency.

(3) A candidate who has withdrawn his candidature in accordance


with clause (1) shall be entitled to the refund in full of the fee paid
by him under bye-law 17.

21. Intimation of final list of nominations to voters. - The Election


Committee shall omit from the list of validly nominated candidates the
name of candidates who have withdrawn their candidature and send the
final list of such candidates, hereinafter referred to contesting candidates,
to all the candidates and voters of the respective zones by registered post
at least one month before the date of election.

22. Death or cessation of membership of a candidate. - (1) If a validly


nominated candidate who has not withdrawn his candidature dies or
otherwise ceases to be a member before the date of election, the election in
that zone of the constituency shall be conducted among the remaining
candidates.

(2) The votes cast in favour of any such candidate shall be ignored for
counting purposes.

23. Uncontested election, etc.- (1) Where after at the scrutiny under bye-law
18, or after the withdrawal under bye-law 20, the number of validly
nominated candidates from any zone of the constituency remains equal or
less than the number of members to be elected from that zone of the
constituency or where the number of candidates from any zone of the
constituency, becomes equal to or less than the number of members to be
elected from that zone of the constituency, by reason of death or cessation
of membership of one or more candidates before the date of election, such
candidates shall be deemed to have been elected and the Election
Committee shall declare such candidates to be elected from that zone.

(2) Where the number of such candidates from a zone of the


constituency is less than the number of members to be elected from
that zone of the constituency, the members declared elected from
58
that zone of the constituency shall nominate members of the Council
from that zone of the constituency for the remaining seat or seats.

24. Admissible number of votes to a voter. - A voter shall have as many


numbers of votes as the number of seats reserved for the zone of the
constituency in which the voter resides.

25. Mode of election. - (1) The election shall be by poll and a voter shall cast
his vote in person at an election station set up for the purpose-, *[……………]
**Provided that all voters shall be entitled to vote in an electronic form or
through a ballot subject to provisions of sub-bye-law (2) and (3):

**Provided further that a member may be entitled to vote by post subject to


the provisions of sub-bye-laws (2) and (3) and bye-law 37.

(2) If any voter is allowed to vote either by post or exercises his option
to cast his vote in electronic form, he shall be entitled to cast his vote only
in such mode and not by or in any other mode.

**(3) Where a voter under proviso to sub-bye-law (1) intends to exercise


his option to cast his vote in electronic form, he shall inform the Election
Committee in writing of his intention to do at least forty days prior to the
date of election. A voter, having an overseas registered address or local
address of a district where a polling station has not been established, who
does not exercise the option within aforesaid time-limit shall only be
eligible to cast his vote through post; and

(4) All provisions relating to ballot papers shall be applicable to ballot


sent in the electronic form.

(5) For the purpose of ballot in electronic form, the Election


Committee shall **ensure that the identity of the voter casting the vote is
not disclosed.

26. **Election stations. - The Election Committee shall set up election


stations in Pakistan at such places where more than fifty members reside.

*Deleted the words “except where he exercises option to cast his vote by post or in electronic form”. S.R.O. 30(KE)/2013
dated May 29, 2013 published in the Extraordinary Gazette of Pakistan dated 01.06.2013
** SRO 13(KE)/2020 dated 28.01.2020, published in Part-II of Extraordinary Gazette of Pakistan dated 04.05.2020

59
27. Election Officer. - (1) The Election Committee shall appoint an Election
Officer for each election station and may also appoint such other person as
it may deem necessary to assist the Election Officer.

(2) The Election Officer shall, in addition to performing the duties


imposed upon him by these bye-laws, be in general charge of all
arrangements at the election station and may issue order as to the
manner in which persons shall be admitted to the election station and
generally for the preservation of peace and order at or in the vicinity
of the election station.

28. Secret chamber. - There shall be a secret chamber or chambers at each


election station for casting votes by voters.

29. Ballot paper. - The ballot paper shall contain a list of the candidates
validly nominated for a zone of the constituency and shall bear the seal of
the Election Committee.

30. Presence of the Candidates and their authorized representatives at the


election stations. - (1) A contesting candidate shall be entitled to be
present at the election station or stations in the respective zone.

(2) A contesting candidate may, before the commencement of the poll,


appoint for each polling booth at an election station two polling
agents, who shall be members of the Institute but only one of them
shall be entitled to be present at a time on his behalf at that
particular polling booth.

(3) No appointment of a polling agent shall be valid unless the


candidate has issued a letter of authority to such polling agent and
that letter shall contain the full name, membership number, address
of the polling agent and the name of the polling booth of an
election station at which he is authorized to be present.

31. *Voting not by proxy.- Voting shall be by ballot and voter desiring to
vote shall do so in the manner provided for under these laws. A voter shall
not be allowed to exercise his voting rights through a proxy.

32. Assistants to Election Officer. - The Election officer may appoint such

* SRO 13(KE)/2020 dated 28.01.2020, published in Part-II of Extraordinary Gazette of Pakistan dated 04.05.2020

60
person as he thinks fit to assist him in carrying out his duties under these
bye-laws.

33. *Identification of voters permitted to vote in person. - (1) Every person


claiming to be a voter *and casting his vote in person shall be required to
sign the copy of the list of members eligible to vote *in person provided
by the Election Committee.

(2) At any time before a ballot paper is delivered to a person claiming


to be a voter *who shall be voting in person, the Election Officer
or a person appointed by him may, of his own accord, if he has
reason to doubt the identity of the person or his right to vote at the
polling booth, and shall, if so required by a candidate or his polling
agent, satisfy himself in any manner as he may deem advisable as
to his identity.

(3) If the Election Officer or a person appointed by him is not satisfied


as to the identity of the person claiming to be a voter, he may
refuse to allow such person to vote in the election.
(4) In case permission to vote is refused, the reasons for refusal shall
be recorded, and objections to such refusal if made in writing, shall
also be taken on record.

34. Record to be kept by the Election Officer. - The Election Officer or a


person appointed by him shall, at the time of delivery of the ballot paper,
place a mark against the name of the voter in the list of members eligible
to vote to denote that voter has received a ballot paper *to cast vote in
person.
35. Manner of recording of votes after receipt of ballot paper. - (1) On
receiving the ballot paper, the voter shall forthwith proceed into the secret
chamber set apart for the purposes and shall record his vote on the ballot
paper, fold it and leave the secret chamber and insert the ballot paper in
the ballot box provided for the purpose, in the presence of the Election
Officer or a person appointed by him.
(2) Where any ballot paper, which was delivered to a voter, is found,
with or without any writing thereon, in the secret chamber, it shall
be treated as cancelled.

* SRO 13(KE)/2020 dated 28.01.2020, published in Part-II of Extraordinary Gazette of Pakistan dated 04.05.2020

61
36. Procedure at the election station.- (1) Polling booth or booths at an
election station shall be kept open on the *dates announced by the Council
for election from 9.00 a.m. to 5.00 p.m.
(2) The Election Officer shall close the polling booth or booths at an
election station at the end of the day, at the hour appointed under
*sub-bye-law (1) and no voter shall be admitted thereto after that
hour.

(3) No person shall be given any ballot paper or be permitted to vote


after the hour fixed for the *close of the poll, except the persons
present within the building, tent, room or enclosure in which the
polling station is situated and have not voted but are waiting to
vote.

(4) The Election Officer or the person appointed by him shall, as soon
as practicable after the close of the poll, in the presence of any
candidates or their polling agents who may be present, open the
ballot box(es) and count the total number of *physical votes cast,
the number of valid and invalid ballot paper as well as the number
of votes cast in favour of each candidate and shall prepare a
statement thereof.

(5) Any candidate or his polling agent may sign the statement if he so
desires.

(6) The Election Officer or a person appointed by him shall give a


copy of the statement to the candidates or their polling agents on a
written request. Thereafter, the Election Officer or a person
appointed by him in the presence of a candidate or candidates or
their polling agents who may be present shall seal the ballot box
with his own seal and the seals of such candidates or polling agents
as he may desire.
*(7) In case the polling at the election station is being conducted in
computerized fashion, then the election officer shall provide the
polling terminal to the voter where electronic form will be
provided to the voter to enable him to cast his vote.

* SRO 13(KE)/2020 dated 28.01.2020, published in Part-II of Extraordinary Gazette of Pakistan dated 04.05.2020

62
*(8) The detailed guidelines on computerized balloting as agreed and accepted by
the Election Committee may be provided to a voter upon request. However, the
provisions contained in sub-bye-laws (1), (2) and (3) shall mutatis mutandis apply
to computerized balloting as well.

(9) For computerized balloting, the election officer or the person appointed by
him shall, as soon as practicable after the close of the poll in the presence of
any candidates or their polling agents who may be present, obtain electronic
or computerized result summary or statement from the computerized trading
terminals and shall sign such computerized result summary or statement from
the computerized trading terminals, which shall be the conclusive evidence of
the polling result thereof.

(10) Any candidate or his polling agent may also sign the computerized result
statement if he so desires and the election officer or a person appointed by him
shall give a copy of the computerized result summary or statement to the
candidates or their polling agents on a written request.

37. Eligibility to vote by post. - *(1) A member whose name is included in


the list of voters and who has decided not to cast his vote in the electronic
form shall be permitted to vote by post if no election station has been set
up in the city where he resides; and

(2) A member who is residing outside Pakistan shall, notwithstanding


anything contained in these bye-laws, be eligible to vote either by
post or in the electronic form for the candidate or candidates, as the
case may be, of the zone of the constituency where he had his last
registered address in Pakistan.

38. Election Committee to send ballot papers by post. - At least thirty days
before the date of election the Election Committee shall send by registered
post or cause to be sent by post or in electronic form to the voters eligible
to vote, the ballot papers, together with a letter, or through electronic
communication, as the case may be, explaining the manner in which the
vote shall be recorded thereon, and specify the date and hour by which it
should reach the Election Committee.

* SRO 13(KE)/2020 dated 28.01.2020, published in Part-II of Extraordinary Gazette of Pakistan dated 04.05.2020

63
39. Ballot papers to be returned after recording votes thereon. - A voter
on receiving his ballot paper sent under bye-law 38 may record his vote
thereon, either in person, by post or in electronic form for the contesting
candidate or candidates, as the case may be, as specified in bye-law 24 and
send it to the Election Committee so as to reach it before the time
specified in this behalf.

40. Issue of undelivered and fresh ballot papers. - Where a ballot paper and
other connected paper sent physically by post under bye-law 38 are lost or
damaged in transit or for any reason returned undelivered, the Election
Committee may reissue them by registered post or deliver them or cause
them to be delivered to the voter on his applying for the same, if it is
satisfied with the reasons for such loss, damage or return.
41. Grounds for declaring ballot papers invalid. - A ballot paper including
ballot by post or in the electronic form shall be declared invalid if-
(a) a voter signs his name or writes any word or figure upon it or
makes any mark upon it by which the ballot paper becomes
recognizable or by which the voter can be identified; or
(b) it does not bear the seal of the Election Committee; or

(c) the cross is not marked on it; or

(d) the cross is marked opposite the name of the candidates over and
above the number of votes the voter is entitled to cast; or

(e) the cross and some other sign(s) are put opposite to the name of the
same candidate; or

(f) it is unmarked or void for uncertainty.

42. Appointment of time and place for the counting of votes. - The
Election Committee shall appoint time and place for the final counting of
votes and shall also give notice of such time and place in writing to all the
contesting candidates.

43. Presence of candidates at the time of counting of votes. - Every


contesting candidate shall be entitled to be present in person or to appoint
a member as a representative to be present on his behalf at the time of the
counting of votes.
64
44. Counting of votes.- On the date notified under *sub-bye-law (1) of bye-
law 11A* for counting of votes and at the time and place appointed under
bye-law 42, the Election Committee shall, for the purpose of counting of
votes in respect of a zone of the constituency:-

(a) open the cover containing the postal ballot papers received
physically by it under bye-law 38, take out the ballot papers from
each cover and record the number thereof in statement; and shall
make a separate packet of these postal ballot papers;

“(aa) print from the computer postal ballot papers received


through electronic transmission and record the number thereof in a
statement and make a separate packet of such postal ballot papers”.

(b) allow the contesting candidates and their authorized


representatives present at the counting an opportunity to inspect
the ballot boxes and packets containing the relevant papers
received from the Election Officers and their seals for satisfying
themselves that they are in order; and

(c) proceed as follows: -

(i) If it is satisfied that the ballot boxes and packets containing


the relevant papers which have been received are in order,
it shall take up the counting of the ballot papers contained
in the ballot boxes and to these shall be added the postal
ballot papers;
(ii) If it finds that any of the ballot boxes has been tampered
with, it shall not count the ballot papers contained in such
boxes for the purpose of election, but shall keep a record of
such ballot papers for the purpose of election petitions, if
any;
(iii) The ballot papers shall be examined and the invalid ballot
papers shall be rejected;
(iv) It shall then count the number of votes cast in favour of
* SRO 13(KE)/2020 dated 28.01.2020, published in Part II, Extra-ordinary Gazette of Pakistan dated 04.05.2020

65
each candidate; and
(v) Such number of candidates from any zone of the regional
constituency as there are vacancies to be filled receiving
the highest number of votes shall be declared elected but in
the event of an equality of votes between two or more
candidates, lots shall be drawn in the presence of the
contesting candidates or their authorized representatives, if
any, and the candidates in whose favour lot is drawn shall
be declared elected.

45. Notification of results. - The names of all the candidates declared elected
shall be officially notified by the Election Committee to the candidate and
members of the Institute within fifteen days of the date of election.
46. Election not to be invalid due to accidental omission, etc. - No election
shall be deemed to be invalid merely by reason of any accidental
irregularity or informality in the conduct of the election including
accidental omission to send or delay in sending the ballot paper to a voter
or the accidental non-receipt of, or delay in receipt of a voting paper by a
voter or accidental delay or any change in the election schedule necessitate
on account of any circumstances beyond control.
47. Disciplinary action against a member in connection with conduct of
election. - (1) A member shall be liable to disciplinary action by the
Council, *except as provided under bye-law 47A, if, in connection with
election to the Council he is found to have taken part, directly or
indirectly, either himself or through any person, in-

(i) issuing manifestos circulars; or

(ii) organizing parties to entertain voters.

(2) A member shall be liable to disciplinary action if he adopts any or


more of the following practices with regard to the election to the
Council, namely: -

(a) Bribery that is to say, any gift, offer or promise of any gifts
or gratification to any person by a candidate or any other

* S.R.O. 1(KE)/2005 dated 24.12.2004, published in the Extraordinary Gazette of Pakistan dated 04.01.2005.

66
person, with his connivance, with the object, directly or
indirectly; of
(i) inducing a member to stand or not to stand as a
candidate at an election or rewarding him for such
an act or omission; or
(ii) inducing a member to withdraw his candidature or
rewarding such withdrawal; or
(iii) inducing a voter to vote or not to vote at an election,
or rewarding for such an act or omission.

Explanation: - For the purpose of this clause, the term


“gratification” is not restricted to pecuniary gratification or
gratification estimable in money but it includes all forms of
entertainment and reward.

(b) Undue influence, that is to say, any direct or indirect


interference or attempt to interfere on the part of a
candidate or by any other person, with his connivance, with
the free exercise of any electoral rights.

(c) The publication by a candidate or by any other person, with


his connivance, of any statement of fact which is false, and
which he either believes to be false or does not believe to
be true or in relation to the personal character or conduct of
any candidate or in relation to the candidature or
withdrawal of any candidate, being a statement reasonably
calculated to prejudice the prospects of that candidate’s
election.

(d) The obtaining or procuring or betting, or attempting to


obtain or procure by a candidate or by any other person,
with his connivance, any assistance for the furtherance of
the prospects of the candidates’ election from any person
serving under the Government of Pakistan or the
Government of any of the Provinces other than the giving
of vote by such person, if he is a member entitled to vote.

(e) The hiring or procuring, whether on payment or otherwise,

67
of a vehicle by a candidate or by any other person, with his
connivance, for the conveyance of voters.

(f) The receipts by a member, or an agreement by a member,


to receive any gratification-

(i) as an inducement or reward for standing or not


standing as candidate; or

(ii) as an inducement or reward for withdrawing his


candidature; or
(iii) as an inducement or reward for himself or any other
person for voting or refraining from voting; or
(iv) as an inducement or reward for inducing or
attempting to induce any voter to vote or refrain from
voting; or
(v) for inducing or attempting to induce any candidate to
withdraw his candidature; or
(g) contravention or misuse of any of the provisions of these
bye-laws or making of any false statements knowing it to
be false while complying with any of the provisions of
these bye-laws.

*47A. Presentation by each candidate. - (1) The Institute may, at its discretion,
organize a presentation of approximately ten minutes’ duration to be made
by each candidate before the members at least four weeks before the date
of election. Separate presentations may be arranged by the Institute for
Southern Region at Karachi, and for Northern Region at Lahore,
Islamabad, **Peshawar, Multan and Faisalabad.
***[…………………..]

(2) In addition to the presentations as may be arranged by the Institute,


each candidate shall be allowed to submit a write up not exceeding
two pages of the size 8.5 x 13 inches. The write up shall cover the
* S.R.O. 1(KE)/2005 dated 24.12.2004, published in the Extraordinary Gazette of Pakistan dated 04.01.2005.
** S.R.O. 30(KE)/2013 dated May 29, 2013, published in the Extraordinary Gazette of Pakistan dated June 1, 2013.
*** Deleted the proviso “provided that the Institute shall not be bound to organize such presentations at any other location”.
S.R.O. 30(KE)/2013 dated May 29, 2013, published in the Extraordinary Gazette of Pakistan dated June 1, 2013.

68
ideas and views of the candidate that he has about the activities and
contributions of the Institute to the profession of chartered
accountants.

(3) The write up shall be placed on website of the Institute and the
same shall also be circulated by the Institute in a special bulletin to
be issued by it for such purpose.

(4) Canvassing shall not be permissible except in the following limited


manner, namely: -
a) By personal visits to the members;
b) By telephonic contacts with the members; and
c) *In any other manner approved by the Council.

48. Election dispute. - (1) On receipt of an application under sub-section (2)


of section 10, the Council shall refer the matter to the Tribunal within
thirty days of its receipt.

(2) At the time of giving its decision, the Tribunal may pass such order
as to costs as it may consider appropriate.

(3) If the Tribunal is satisfied that the application made under sub-
section (2) of section 10 is not founded on valid grounds, the
Tribunal may while dismissing the application, award costs to the
Council.

* S.R.O. 30(KE)/2013 dated 29.05.2013, published in the Extraordinary Gazette of Pakistan dated 01.06.2013.

69
CHAPTER IV

MEETINGS AND PROCEEDING OF THE COUNCIL

49. Meetings of the Council. - The first meeting of the Council shall be held
within three months of the date of its being elected and thereafter the
Council shall meet at least twice in twelve months at such time and place
as the President may determine.

50. Notice of meeting. - Notice of the time and place of the meeting of the
Council shall be sent to the registered address of every member of the
Council not less than fourteen days before such meeting and such notice
shall, so far as practicable, contain a statement of the business to be
transacted at such meeting;

Provided that in case of urgency a meeting may be summoned to meet


within three days by the President who shall inform the members of the
subject matter to be considered at the meeting and the reasons for which
he considers the matter to be urgent.

51. Special meetings. - On a requisition in writing by at least twenty-five per


cent of the members of the Council, the President shall call a special
meeting within four weeks of the receipt of such requisition.

52. Presiding over meetings. - All meetings of the Council shall be presided
over by the President and in his absence, by the Vice-President and, in the
absence of both the President and the Vice-President, by a person elected
by the members of the Council present from among themselves.

53. Quorum at meetings. - Five members of the Council shall constitute a


quorum for a meeting of the Council and if a quorum is not available
within half an hour from the time appointed for the meeting, the meeting
shall stand adjourned to such future date and time as the President may
appoint.

54. Adjournment of meeting. - Subject to the provision of these bye-laws,


the person presiding over a meeting of the Council may, with the consent
of the majority of the members of the Council present, adjourn the
meeting from time to time and from place to place; but no business shall
be transacted at any adjourned meeting other than the business left

70
unfinished at the previous meeting.

Provided that no notice and quorum shall be necessary for holding an


adjourned meeting, unless it be so decided by the Council at the time of
adjourning the meeting.

55. Procedure for transaction of business. - (1) The business of the Council
shall ordinarily be transacted at a meeting of the Council:

Provided that the President, or a Vice-President may, in an appropriate


case, circulate the papers among the members of the Council for deciding
any question;
Provided further that if five members of the Council require that any
question be decided at a meeting, the President or the Vice-President shall
withdraw the papers from circulation and have the question determined at
a meeting of the Council.

(2) Where the papers relating to any question are circulated among the
members of the Council, a period of not less than ten days,
commencing from the date of the circulation of the papers, shall
elapse before any decision is taken on the question:
Provided that a decision may be taken before the expiry of such
period if the opinion of all the members of the Council is received
earlier.

(3) The decision shall be in accordance with the opinion in writing of


the majority of the members.

(4) A decision taken by circulation of papers shall be communicated to


all the members of the Council.

56. Passing of resolution at meetings. - At all meetings of the Council and in


the event of difference of opinion, the vote of the majority shall prevail
unless otherwise required by the Ordinance or these bye-laws and in the
event of equality of votes, the person presiding shall have a casting vote in
addition to his own vote.

57. Records of minutes. - Proper minutes shall be kept of all proceedings of


the meetings of the Council and shall contain every resolution passed and

71
decision taken at the meeting and shall be signed by the person presiding
over the meeting or the meeting held next thereafter, and the minutes so
signed shall be sufficient evidence on the matters stated therein.

58. Absence of members of the Council from Pakistan. - (1) Before a


member of the Council, other than a member who is in the service of the
Government, leaves Pakistan for a period exceeding sixty days, -

(i) he shall intimate the Council the date of his departure from,
and the date of his expected return to, Pakistan.

(ii) if he intends to be absent from Pakistan for a period of more


than six months, he shall tender his resignation or apply to the
Council for leave of absence and on receipt of such application
the Council may at its discretion grant leave of absence, or if it
considers necessary, treat the application as the member’s
resignation.

(2) If any member of the Council other than a member who is in the
service of the Government, leaves Pakistan for a period exceeding
sixty days without taking either of the courses mentioned in sub-
clause (ii) of clause (1), the Council at its discretion may terminate
his membership of the Council after giving him an opportunity of
being heard.

72
CHAPTER V

MEETINGS AND PROCEEDINGS OF THE INSTITUTE

59. Annual meeting. - The annual meeting of the Institute for transacting the
ordinary annual business of the Institute (namely the receipt and
consideration of the annual report of the Council and the accounts of the
Institute with the auditor’s report thereon and the appointment of auditors)
shall be held in Pakistan on such day and at such place as the Council may
from time to time appoint:

Provided that a meeting shall be held in every calendar year and that not
more than fifteen months shall have elapsed since the date of the previous
annual meeting.

60. Special meeting. - The Council may whenever it thinks fit convene a
special meeting of the Institute and shall do so within four weeks from the
receipt by the Secretary of a requisition in writing signed by not less than
twenty per cent of the members stating the object of the proposed meeting.

61. Notice of meeting. - (1) The Secretary shall, not less than fourteen days
before any annual or special meeting of the Institute, send to each member
a notice specifying the day hour and place of the meeting and the business
to be transacted thereat.

(2) In the case of annual meeting, the Secretary shall send to each
member with such notice a copy of the annual report of the
Council and a copy of the accounts of the Institute with the
auditor’s report thereon and particulars of all motions to be brought
before the meeting under bye-law 62.

(3) The non-receipt by any member of such notice or of any of the


aforesaid documents shall not invalidate the proceedings of any
meeting.

62. Notice of motion to be given. - A member wishing to bring before the


annual meeting any motion not relating to the ordinary annual business of
the Institute may do so:

73
Provided that: -
(i) notice in writing of the proposed motion, duly endorsed by five
other members entitled to vote at the annual meeting, be sent or
given to the Secretary and be received by him not later than ten
days before the date of the annual meeting; and

(ii) the proposed motion relates to matters affecting the Institute or the
accountancy profession.

63. Meetings to be presided by the President, etc. - All meetings of the


Institute shall be presided over by the President and, in his absence, by the
Vice-President and, in the absence of both the President and the Vice
President, by a person elected by the members from amongst the members
of the Council present, and in the absence of all of them, from amongst
themselves.

64. Quorum at meetings. - Ten members present in person shall constitute a


quorum for a meeting of the Institute, and if a quorum is not available
within half an hour from the time appointed for the meeting, the meeting
shall stand adjourned to such future time and date as the President or in his
absence the Vice-President may appoint:

Provided that no quorum shall be necessary for such adjourned meeting.

65. Adjournment of meeting. - Subject to the provisions of these bye-laws,


the person presiding over the meeting of the Institute may, with the
consent of majority of members present, adjourn the meeting from time to
time and from place to place; but no business shall be transacted at any
adjourned meeting other than the business left unfinished at the previous
meeting:

Provided that no notice shall be necessary for holding an adjourned


meeting unless it be so decided in the meeting at the time of adjournment.

66. Voting at meetings and demand for poll. - (1) Every resolution and
amendment proposed and seconded at the meeting of the Institute shall be
put to vote by the person presiding over the meeting and decided by show
of hands and the person presiding shall declare the decision of the
meeting.

74
(2) In the event of an equality of votes, the person presiding shall have
casting vote in addition to his own vote.

(3) The declaration made by the person presiding under clause (1)
shall be final:

Provided that not less than ten members present in person and
entitled to vote at the meeting may demand in writing a poll of all
members in respect of that decision.

67. Appointment of Scrutineers. - At every meeting of the Institute at which


a poll is demanded the meeting shall appoint two members as Honorary
Scrutineers.

68. Procedure when poll demanded. - (1) On a poll being demanded under
bye-law 66, the person presiding shall forthwith, or as soon as reasonably
practicable after the conclusion of the meeting at which the poll is
demanded, state the resolution or amendment in form of proposition,
which in his opinion, will be most suitable to ascertain the views of the
members.

(2) Upon the substance of such resolution or amendment and upon the
manner of so stating the resolution or amendment the decision of
the person presiding shall be final.

(3) The voting paper setting out the proposition so stated, together
with an envelope and all necessary directions, shall, within
fourteen days after the meeting, be issued by the Council to all
members entitled to vote.

(4) The members shall send the said voting papers duly completed to
the Secretary sealed in the envelopes provided for such purposes so
as to reach him on or before the twenty-first day after the day on
which the said voting papers were sent to the members and the
Secretary shall hand over the sealed envelopes to the Honorary
Scrutineers.

69. Result of poll. - (1) The Honorary Scrutineers shall, within forty-eight
hours from the last date fixed for the return of the voting papers, submit a
report to the person presiding detailing: -

75
(i) the result of the voting, and

(ii) the votes rejected and the reasons for such rejection.

(2) The person presiding shall send a copy of the report to each
member as soon as practicable and in the event of equality of
votes, he shall exercise a casting vote in addition to his own vote,
and convey to the members the manner in which his casting vote
has been exercised.

(3) The report of the Honorary Scrutineers as to the result of the


voting, along with the casting vote, if any, shall be conclusive.

70. Demand for poll not to prevent other business. - The demand for a poll
at a meeting shall not prevent the transaction of any business other than
that on which the poll has been demanded or any business directly
dependent thereon.

71. Minutes of the meeting. - (1) Proper minutes shall be kept of all
proceedings of the meetings of the Institute and shall contain every
resolution passed and decision taken at the meeting.

(2) The minutes shall be signed by the person presiding over the
meeting or the meeting held next thereafter, and the minuets so
signed shall be sufficient evidence of matters stated therein.

76
CHAPTER VI

STANDING AND OTHER COMMITTEES

72. Committees of the Council. - (1) The Council shall constitute from
amongst its members the following standing committees namely: -

(i) The Executive Committee,

(ii) The Examination Committee, and

(iii) The Investigation Committee.

(2) The Council may also form such other committees and Boards*
from amongst its members, the members of the Institute and other
persons as it deems necessary, for the purpose of carrying out the
provisions of the Ordinance and these bye-laws, and any
Committee or Board so formed, may with the sanction of the
Council, co-opt such other members of the Institute or other
persons, not exceeding two-third of the members of the Committee
or Board, as the Committee or Board thinks fit, and any member so
co-opted shall be entitled to exercise all the rights of a member of
the Committee or Board.

73. Executive Committee. - (1) The Executive Committee shall consist of the
President and Vice-President or Vice-presidents, ex-officio, and not less
than three other members of the Council elected by the Council.

(2) The Executive Committee shall perform the following functions,


namely: -

(a) Maintenance of the office of the Institute and for this


purpose the Executive Committee may employ, suspend,
discharge or re-employ the necessary staff other than the
Secretary on such terms and conditions as it may deem fit.

(b) Maintenance of true and correct accounts of all receipts and

*S.R.O. 77(KE)/2005 dated 11.05.2005, published in part-II of Extraordinary Gazette of Pakistan dated 30.05.2005.

77
payments on behalf of the Institute and the matters in
respect of which such receipts and payments take place and
of all the property, securities, debts, funds and liabilities of
the Institute.

(c) Maintenance of the Register, Register of *training


organizations, Register of Students and all other registers
which are prescribed by the Ordinance or these bye-laws.

(d) Custody of the property, assets and funds of the Institute.

(e) Investment of the spare funds of the Institute in securities


approved by the Council.

(f) Disbursements from the funds on account of expenditure


from the income or the capital in accordance with the
estimates previously sanctioned by the Council:

Provided that in emergent cases expenditure in excess of


the estimates may be incurred by the Committee but such
excess expenditure shall be brought to the notice of the
Council at its next meeting.

(g) Admission of associates and fellows, removal and


restoration of names of members, issue and cancellation of
certificates of practice, permission to members to engage in
management consultancy, issue of certificates of
membership, publication of list of members and issue of
journal and other publications of the Institute.

(h) Any other function delegated to it by the Council:

Provided that the Council shall always have the power to


review any decision of the Executive Committee in
exercise of its aforesaid function.

74. Examination Committee. - (1) The Examination Committee shall consist


of the President and the Vice-President or Vice Presidents, ex-officio, and
not less than three other members of the Council elected by the Council.

*S.R.O. 21 (KE)/2010 dated 11.02.2010, published in Part-II, Extra-ordinary Gazette of Pakistan dated 26.02.2010.

78
(2) It shall perform the following functions, namely: -

(a) All the functions of the Council in regard to holding of


examinations, admission thereto, selection and appointment of
examiners, prescription of books for the guidance of candidates
and declaration of results, fixation of remuneration of the
examiners, assistant examiners, superintendents of the
examinations and others and deal with other matter arising out
of the holding of examinations.

(b) According recognition to coaching institutions for preparation


of candidates for the examinations of the Institute subject to
such conditions, as it may deem fit.

(c) Maintenance of proper standard of conduct at the


examinations.

(d) Providing of proper facilities, where the Committee may


consider necessary, to the students to obtain coaching in the
subjects in which they are to be examined by the Council.

(e) All functions in relation to students, except as otherwise


provided in these bye-laws.

(f) Any other functions delegated to it by the Council.

Provided that the Council shall always have the power to review any
decision of the Examination Committee in exercise of its aforesaid
functions.

75. Investigation Committee. - (1) The Investigation Committee shall consist


of, -

(a) the President and the Vice-President *[….], ex-officio;

(b) *four other members of the Council, elected by the Council; *[…]

* SRO 56(KE)/2015 dated 16.04.2015, published in Part-II, Extra-ordinary Gazette of Pakistan 04.05.2015

79
(c) *one person, (not being a member of the Council) nominated by the
Council who has exercised the powers of, or is or has been, a Judge
of a High Court or who is or has been an advocate of a High Court
and is qualified to be appointed as a Judge of a High Court; and

(d) *
three independent persons, not being members of the Council, to be
nominated by the Council from amongst the persons of eminence
having experience in the field of law, economics, business finance
or accountancy:
*
Provided that a member of the Investigation Committee under clauses (c)
and (d) shall be nominated for a period of four years or till completion of
tenure of the Council, whichever is earlier;

(2) It shall perform the functions assigned to it under the Ordinance


and such other functions as may be delegated to it by the Council.

76. Chairman of the Standing Committees. - The President shall be the


Chairman of every Standing Committee and if, for any reason, he is
prevented from attending to the affairs of a Committee, the Vice President
and, in the absence of the Vice President, a member of the Committee
elected by the members present shall act as Chairman of the Committee.

77. Term of office of members of the Committees. - A member of a


Standing Committee shall hold office for one year from the date of his
election and shall be eligible for re-election:

Provided that he is a member of the Council at the time of such election:

Provided further that notwithstanding the expiry of the tenure of his office,
a member shall continue to hold his office till such time as a new member
has been elected in his place.

78. Meetings of the Committees.- The President or Vice-President at any


time may, and on requisition by any two members of a Committee or
Board**shall, call a meeting of the Committee or **Board.

* SRO 56(KE)/2015 dated 16.04.2015 published in Part-II, Extra-ordinary Gazette of Pakistan 04.05.2015
** SRO 77(KE)/2005 dated 11.05.2005 published in Part-II, Extra-ordinary Gazette of Pakistan 30.05.2005

80
79. Notice of meeting. - Notice of the date, time and place of the meeting of
every Committee or Board* shall be sent to the registered address of every
member of the Committee or Board not less than fourteen days before
such meeting and such notice shall, so far as practicable, contain a
statement of the business to be transacted at such meeting:
Provided that in case of urgency a meeting may be summoned to meet
within three days by the President or Vice-President who shall inform the
members of the Committee or Board* of the subject matter to be
considered at the meeting and the reasons for which he considers the
matter to be urgent.
80. Quorum, etc., at meetings. - (1) Three members of a Committee or board
present in person shall constitute a quorum for a meeting of the Committee
or Board.*
(2) The procedure laid down for adjourned meetings for want of
quorum in respect of the Council shall mutatis mutandis apply to
such meetings of the Committees or Boards*.

81. Procedure for transaction of business. - (1) The business of every


Standing Committee shall ordinarily be transacted at a meeting of the
Committee:
Provided that the President or a Vice-President may, in an appropriate
case, circulate the papers among the members of the Committee for
deciding any question:
Provided further that if three members of the Committee require that any
question be decided at a meeting, the President or the Vice-President shall
withdraw the papers from circulation and have the question determined at
a meeting of the Committee.

(2) Where the papers relating to any question are circulated among the
members of the Committee, a period of not less than ten days,
commencing from the date of the circulation of the papers, shall
elapse before any decision is taken on the question:

*S.R.O. 77(KE)/2005 dated 11.05.2005, published in Part-II of Extraordinary Gazette of Pakistan dated 30.05.2005.

81
Provided that a decision may be taken before the expiry of such
period if the opinion of all the members of the Committee is
received earlier.

(3) A decision taken by circulation of papers shall be communicated to


all the members of the Committee.
82. Casting vote. - All questions before a Committee or Board* shall be
decided by a majority of votes and in the event of equality of votes, the
person presiding shall have a casting vote in addition to his own vote.
83. Secretary of the Committees or Board. - The Institute shall appoint a
Secretary for each Committee or Board.
84. Minutes. - The Secretary shall maintain a record of all business transacted
by the Committee or Board*, whether by circulation of papers or at a
meeting of the Committee or Board*.

*S.R.O. 77(KE)/2005 dated 11.05.2005, published in Part-II of Extraordinary Gazette of Pakistan dated 30.05.2005.

82
CHAPTER VII

REGIONAL COMMITTEES

85. Regional Committees. - (1) There shall be a Regional Committee for


every regional constituency.
(2) Each Regional Committee shall consist of six elected members
comprising five members from Zone A and one member from
Zone B in both the regional constituencies.

(3) The following shall be the territorial limits of the regional


constituencies: -

(i) Southern Region comprising the Province of Sind to be


known as Zone ‘A’ and the Province of Baluchistan to be
known as Zone ‘B’.

(ii) Northern Region comprising the Province of the Punjab


including Federal Capital of Islamabad to be known as
Zone ‘A’ and the North West Frontier Province, Tribal
Areas and Azad Kashmir to be known as Zone ‘B’.

86. Admission and removal from Regional Register. - (1) Each Regional
Committee shall maintain a Regional Register in which shall be entered
the names of all the members of the Institute in a Region.

(2) If the name of a member is removed from the Register maintained


by the Council, it shall stand removed from the Regional Register
and if he is a member of the Regional Committee, he shall also
cease to be such member.

87. Resignation from the Regional Committee and casual vacancies. - (1)
Any member of the Regional Committee may at any time resign his
membership by writing under his hand addressed to the Chairman of the
Regional Committee concerned and the seat of such member shall become
vacant when such resignation is accepted by the Regional Committee.

(2) A member of the Regional Committee shall be deemed to have


vacated his seat if he is declared by the Regional Committee to

83
have been absent without sufficient excuse from three consecutive
meetings of the Regional Committee.

(3) Any casual vacancy in the Regional Committee shall be filled by a


fresh election and the person so elected shall hold office until the
dissolution of the Regional Committee:

Provided that no election shall be held to fill a casual vacancy


occurring within six months prior to the date of the expiry of the
duration of the Regional Committee and such casual vacancy shall
be filled by nomination by the Regional Committee with the
approval of the Council.

(4) No act or proceeding of the Regional Committee shall be invalid


merely on the ground of the existence of any vacancy in, or defect
in the constitution of the Regional Committee.

88. Date of election. - The Council shall determine and notify the date of
election to the Regional Committees.

89. Election to the Regional Committees. - (1) The Election to the Regional
Committee shall be conducted by the Council or the Council may direct
the Regional Committees to hold the election if it considers desirable to do
so.

(2) Subject to the other provisions of these bye-laws a member of not


less than three years’ continuous standing with the Institute on the
date of election shall be eligible to stand for election to the
Regional Committee from the zone of the constituency in which
his name is included.

(3) The provisions relating to elections to the Council in regard to the


qualifications of members to vote, *disciplinary action,
presentations by candidates, the procedure for elections, the
declaration and the notification of election results shall mutatis
mutandis be applicable to the elections to the Regional
Committees:

* S.R.O. 1(KE)/2005 dated 24.12.2004, published in Part-II of Extraordinary Gazette of Pakistan dated 04.01.2005.

84
Provided that the Election Committee for the purpose of elections
to the Regional Committee shall be appointed by the Council.

90. Duties and functions of Regional Committees. - (1) The Regional


Committees shall at all times function subject to the control, supervision
and direction of the Council.

(2) In particular and without prejudice to the generality of the


foregoing provision, the duties of the Regional Committees shall
be, -

(a) to advice the Council on all matters referred to it by the


Council and to offer such other help as may be required;

(b) to make representations to the Council in connection with


matters of professional and business interest in the region
and to offer suggestions for raising the standard and status
of the profession and for improvement of the law applying
to it;

(c) to supply necessary information to members or to the


prospective students for training and examination;

(d) to recommend either on their own motion, or on a reference


by the Council, names for inclusion in the panel of
examiners;

(e) to arrange, if found practicable, for the coaching of


candidates for the aforesaid examination in the various
centers of the region and to maintain an up-to-date and
well-equipped library and reading-room for the use of the
members and students;

(f) to run study circles with different sub-committees or


branches or arrange for regular meetings of the members
for discussion on topical subject affecting the accountancy
profession;

(g) to maintain an Employment Register for securing suitable


employment for chartered accountants and finding suitable
chartered accountants for employers;
85
(h) to carry out such other functions as may be entrusted from
time to time to the respective Regional Committees by the
Council.

(3) The Council may take such action and impose such sanctions
against a Regional Committee as it deems fit if it is satisfied after
giving proper hearing to the Regional Committee that the Regional
Committee has not carried out any of its directives or has acted
detrimentally to the interest of the Institute.

91. Office bearers in the Regional Committees. - (1) Each Regional


Committee shall elect at its first meeting, to be held within *three months
of its formation, a Chairman and a Secretary for that Committee from
amongst its members*:

Provided that a Regional Committee shall not hold its first meeting before
the first meeting of the Council.

(2) The Chairman and the Secretary shall hold office for a period of
one year from the date on which they are elected but so as not to
extend beyond their term of office as a member of the Regional
Committee and, subject to their being a member of the Regional
Committee at the relevant time, they shall be eligible for re-
election.

(3) The Chairman of the Regional Committee shall be the Chief


Executive of the Regional Committee.

92. Finance and accounts. - (1) Each Regional Committee shall be financed
by such fees as the Council may fix and direct to be paid to the Regional
Committee and such aid as the Council thinks fit to grant but no Regional
Committee shall borrow or obtain credit without the previous sanction of
the Council.

(2) The funds of the Regional Committee shall be utilized for such
purposes as may from time to time be sanctioned by the Regional
Committee:
* S.R.O. 91(KE)/2000 dated 29.5.2000, published in Part-II of Extraordinary Gazette of Pakistan dated 30.06.2000.

86
Provided that no such funds shall be applied either directly or
indirectly for payment to the members of the Regional Committee
except for reimbursing them for any expenses incurred by them in
connection with the business of the Regional Committee.

(3) *The Secretary of the Regional Committee shall be responsible for


maintenance of its accounts which shall be audited by a member
appointed as auditor of the Institute from the respective Regional
Constituency; and

(4) A copy of the audited accounts and report, as adopted at the annual
general meeting, shall be sent to the Council not later than one
month from the date of that meeting.

93. Meetings of Regional Committees. - The meetings of Regional


Committees shall be held and conducted in the manner prescribed for the
meetings of the Council and all provisions applying to meetings of the
Council shall mutatis mutandis apply to the meetings of the Regional
Committee:

Provided that the quorum at a meeting of a Regional Committee shall be


three members present in person.

94. Meetings of the members of the Regional Constituency. - The meetings


of the members of the regional constituencies shall be held and conducted
in the manner prescribed for the meetings of the Institute and all
provisions applying to the meetings of the Institute shall mutatis mutandis
apply to the meetings of the regional constituency.

Provided that-

(i) the quorum at a meeting of the regional constituency shall be five


members present in person;

(ii) the demand for a poll at any meeting shall have to be made in
writing by at least five members present in person or by proxy and
entitled to vote at that meeting.

* SRO 56(KE)/2015 dated 16.04.2015, published in Part-II of Extraordinary Gazette of Pakistan dated 04.05.2015

87
95. Duration of the Regional Committee. - Unless earlier dissolved under
bye-law 96, the duration of the Regional Committee elected shall be four
years from the date of the first meeting of the Committee:

Provided that, notwithstanding the expiration of the duration of the


Committee, it shall continue to exercise its functions until a new
Committee is elected in accordance with the provisions of these bye-laws:

Provided further that the Council may, if in its opinion circumstances so


warrant, extend or shorten the life of a Regional Committee by a
notification in this behalf:

Provided further that the duration of the Committee in office at the time
these bye-laws come into force shall be three years from the date of the
first meeting of the Committee.

96. Dissolution of a Regional Committee. - (1) A Regional Committee shall


stand dissolved if, -

(i) the members of the regional constituency in a general


meeting pass a resolution for its dissolution by a majority
of three-fourth of its members; or

(ii) the Council, after giving proper hearing to the Regional


Committee decides to dissolve the Regional Committee.

(2) On the dissolution of a Regional Committee, all its property, assets


and funds shall vest in the Council until such time as the new
Regional Committee is elected and inducted into office.

88
CHAPTER VIII

STUDENTS

97. Admission of students as trainees. - A*training organization shall, before


accepting a student for training satisfy **that such student:

(i) is not less than sixteen years of age on the date of commencement
of his training;

(ii) ***Omitted

(iii) *has passed or obtained exemption from all examinations up to


***certificate in Accounting and Finance Stage or equivalent
thereof of the Institute; or

(iv) *Omitted

(v) ***is a graduate in second Division or equivalent.

(vi) ***Omitted

(vii) ***Omitted

98. Probationary period. - (1) A training organization* shall keep a student


on probation for a period of two months and if the student completes the
probation period successfully, he will be registered as a student.

(2) The probation period served under clause (1) shall be treated
towards the total period of studentship required to be completed
under these bye-laws.

99. Period of training and registration of training contract.- (1) Every


student shall be required to undergo a specified period of training *as may

* S.R.O. 21 (KE)/2010 dated 11.02.2010, published in Part-II, Extra-ordinary Gazette of Pakistan dated 26.02.2010.
** S.R.O.12(KE)/2006 dated 27.01.2006, published in Part-II, Extra-ordinary Gazette of Pakistan dated 04.02.2006.
*** S.R.O.25(KE)/2014 dated 11.06.2014, published in Part-II, Extra-ordinary Gazette of Pakistan dated 20.06.2014.
*S.R.O. 78(KE)/2005 dated 12.05.2005 published in the Part-II of Extraordinary Gazette of Pakistan dated 31.05.2005.
** S.R.O.12(KE)/2006 dated 27.01.2006, published in Part-II, Extra-ordinary Gazette of Pakistan dated 04.02.2006.

89
be determined by the Council from time to time.

(2) The training contract of every student shall, within three months of
the commencement of the probation of the student and within one
month after execution thereof (or within such longer period as the
Council may, in its discretion, allow in any particular case), be
lodged with the Institute to be registered, together with a copy of
the training contract for retention by the Institute and with such
evidence as to age and qualifications as may be required and such
registration fee as may be **determined by the Council in this
behalf shall be paid to the Institute.

100. Provisions to be included in training contract. - The Council may from


time to time prescribe provisions which shall be included in training
contract and the training contracts executed after date of such prescription
shall include the said provisions and no training contract not containing
the said provision shall be registered by the Institute:

Provided that the Council may, in its discretion, and on the application of
the parties to the training contract, waive the inclusion of some or all of
the said provisions and register the training contract notwithstanding that
some or all of the said provisions are not included therein.

101. Premium. - No premium shall be charged from a student by his *training


organization while registering his training contract.

102. **Criteria to train students.- No***member, firm of Chartered


Accountants or training organization shall be authorised to train students
in training specified under the Ordinance and these Bye-Laws unless
authorized as a training organization and meets the criteria as laid down by
the Council in Training Regulations and Guidelines and on payment of
such fees as may be determined by the Council:
Provided that the permission to train students shall stand withdrawn if the
training organization fails to comply with the laid down criteria.

** S.R.O.12(KE)/2006 dated 27.01.2006, published in Part-II, Extra-ordinary Gazette of Pakistan dated 04.02.2006.
*** S.R.O. 21 (KE)/2010 dated 11.02.2010, published in Part-II, Extra-ordinary Gazette of Pakistan dated 26.02.2010.

90
(2) *Omitted

103. Transfer and execution of fresh training contracts. - (1) Training


contracts may, by agreement between the parties thereto and subject to the
permission of the Council, be transferred to another *training organization
entitled to train a student and shall be subject to the provisions of bye-law
99 regarding registration and the payment of fee, and the training contract
of such student shall be filed with the Institute within one month of the
date of transfer.
* (2) If a training organization ceases to exist or ceases to be an
approved training organization due to any reason, the students
under the training in such training organization shall enter into a
fresh contract with any other approved training organization in the
manner specified by the Council.

(2A) *Omitted

(3) Where there is a dispute between the *student and the *training
organization regarding the transfer of the studentship, the
aggrieved student may apply to the Council for permission to
transfer the studentship to another *training organization.

(4) The Council may, after giving the student and the *training
organization an opportunity of being heard, permit the student to
have him transferred to another *training organization subject to
such conditions as it may deem necessary:
Provided that the Council may appoint a sub-committee to decide
this matter after giving the student and the *member responsible
for **students affairs, a hearing in this behalf.
(5) On such permission, the training of the student shall be transferred

* S.R.O. 21 (KE)/2010 dated 11.02.2010, published in Part-II, Extra-ordinary Gazette of Pakistan dated 26.02.2010.
** S.R.O.88(KE)/2016 dated 05.04.2016, published in Part-II, Extra-ordinary Gazette of Pakistan dated 09.05.2016
*** S.R.O.12(KE)/2006 dated 27.01.2006, published in Part-II, Extra-ordinary Gazette of Pakistan dated 04.02.2006

**

91
to another ***training organization, subject to the provisions of bye-
law 99 regarding registration and payment of fees and such other
conditions as the Council may deem fit.
104. Maximum number of students to be trained by a *training

organization. - **(1) Omitted


*(2) Each training organization ***in practice shall be authorized to
engage up to a maximum of ** ten students per partner:

**Provided that if a partner is also a fellow member of the Institute,


he may train five additional students.

***(2A) Each training organization outside practice shall be authorized to


engage up to a maximum of five students per member employed
fulltime.

**(3) In case a member is a partner in more than one training


***organizations in practice, his entitlement of students shall be
divided amongst such training organizations according to his
advice or, in the absence of any such advice, shall be divided
equally amongst such training organizations after rounding off the
fractional entitlements appropriately; and

**(4) The Council may in special circumstances, allow training of


students in excess of the entitlements computed in clauses (2),
***(2A) and (3) and in bye-law 105.

105.**Permission to train additional students. - A training organization ***in


practice may, in addition to number of students permitted under bye-law
104, engage ten extra students for each member employed on full- time
basis in its service.

106. *Students not to engage in other business. - (1) A student shall


throughout his term of training serve in his training organization on his
training organization’s business and he shall not, during such term of
training, practice as a public accountant or engage in any other business or
occupation:

***
* S.R.O.12(KE)/2006 dated 27.01.2006, published in Part-II, Extra-ordinary Gazette of Pakistan dated 04.02.2006.
** S.R.O. 21 (KE)/2010 dated 11.02.2010, published in Part-II, Extraordinary Gazette of Pakistan dated 26.02.2010.
*** S.R.O.88(KE)/2016 dated 05.04.2016, published in Part-II, Extra-ordinary Gazette of Pakistan dated 09.05.2016

92
Provided that a student may, with the consent of his training organization,
-
*(i) have leave of absence, for examination preparation and any other
purpose for an aggregate duration over the training period as
specified in the Table below, namely: -
TABLE

S. No. Period of training Aggregate period of leave


(1) (2) (3)
1 3 years 115 days
2 3.5 years 130 days
3 4 years 150 days

(ii) spend a period not exceeding twelve months in all in such


industrial commercial or other suitable organization as the Council
may approve and subject to such conditions and control as the
Council may impose or exercise.
Provided further that in suitable cases the Council may sanction to a
student leave in excess of prescribed limit on the condition that he shall be
required to undergo training in lieu of the excess leave as sanctioned by
the Council.
(2) Every training organization shall on completion, discontinuation or
termination **of the training of a student send a report forthwith to
that effect to the Secretary.

107. Power to terminate the training of a student.- **(1) ***A training


organization may terminate the training of a student if he is guilty of
misconduct, misbehaviour or breach of any of the provisions laid down in
the training contract or fails to progress satisfactorily as per Training
Regulations.

(2) A student aggrieved by the termination of his training under clause


(1) may, within thirty days of such termination, prefer an appeal to
*S.R.O. 65(KE)/2018 dated 13.08.2018, published in Part-II, Extra-ordinary Gazette of Pakistan dated 16.08.2018.
** S.R.O. 12(KE)/2006 dated 27.01.2006, published in Part-II, Extra-ordinary Gazette of Pakistan dated 04.02.2006.
*** S.R.O. 21(KE)/2010 dated 11.02.2010, published in Part-II, Extra-ordinary Gazette of Pakistan dated 26.02.2010.

93
the Council.
(3) On receiving appeal under clause (2), the Council shall refer it for
report to any one of its members.

(4) The member to whom an appeal is referred shall, after giving the
parties an opportunity of being heard, submit a report together with
his recommendation to the Council.
(5) The decision of the Council taken after considering the
recommendation of the member shall be final and binding on both
parties.

108. Registers to be maintained. -* The Council shall maintain a Register of


training organizations and a Register of students in which the names of
training organizations and the students shall, respectively, be entered.

108A. Professional Accounting Affiliate. -


** (1) A student, upon passing
of certain examinations prescribed by the Council and having completed a
specified training period shall, upon payment of the prescribed fee, be
eligible to designate himself as a Professional Accounting Affiliate of the
Institute.

(2) The Professional Accounting Affiliate shall not have his name entered
in the Register and consequently, shall not be a member of the
Institute:

Provided that the rights, privileges, obligations and responsibilities of


such a Professional Accounting Affiliate shall be laid down by the
Council from time to time.

(3) Upon fulfillment of all the criteria laid down by the Institute for
becoming a member, a Professional Accounting Affiliate may become
a member of the Institute as provided for in Bye-Law 109.

* S.R.O. 21 (KE)/2010 dated 11.02.2010, published in Part-II, Extra-ordinary Gazette of Pakistan dated 26.02.2010.
** S.R.O. 88 (KE)/2016 dated 05.04.2016, published in Part-II, Extra-ordinary Gazette of Pakistan dated 09.05.2016.

94
CHAPTER IX

TRAINING AND EXAMINATION

109. Conditions to become a member of the Institute. - (1) A person shall


not be eligible for enrolment on the Register unless. -
(i) he has passed all the prescribed examinations of the Institute or has
been granted exemption from such examinations *and has
completed the specified training period; or
(ii) he has passed the *examinations and has completed the specified
training from such accounting bodies outside Pakistan the
examinations and training of which have been recognized
equivalent to the examinations and training prescribed under these
bye-laws:

Provided that if such member desires to start practice as a Chartered


Accountant or Management Consultant, he shall pass the papers of
Advanced Taxation and Corporate Laws **[…..]:
Provided further that the condition in the above proviso shall not apply to
a person who has either started or completed article-ship or training
contract outside Pakistan before these bye-laws came into force:

*Provided also that if a person referred to in sub-clause (i) and (ii) of


clause (1) desires to start practice as Chartered Accountant or
Management Consultant, he shall do so if his training comprises at least
two years training with training organization in practice or has undergone
further training with training organization in practice so as to complete the
aggregate training of two years with training organizations in practice.

(2) A person referred to in sub-clause (i) of clause (1) shall produce a


certificate from a ***training organization in such form as the
Council may direct that he has completed the requisite period of
training.

* S.R.O. 21 (KE)/2010 dated 11.02.2010, published in Part-II, Extra-ordinary Gazette of Pakistan dated 26.02.2010.
** S.R.O. 25(KE)/2014 dated 11.06.2014, published in Part-II, Extra-ordinary Gazette of Pakistan dated 20.06.2014.
*** S.R.O. 12 (KE)/2006 dated 27.01.2006, published in Part-II, Extra-ordinary Gazette of Pakistan dated 04.02.2006.

95
(3) A person referred to in sub-clause (ii) of clause (1) shall produce a
certificate in such form as the Council may require that he has
completed training under articles or a training contract outside
Pakistan with a member of the respective institute for such period
as is prescribed under its regulations as prerequisite to become its
member:
Provided that a person who has completed a part of the training
outside Pakistan under articles or a training contract with a
recognized Institute shall be required to complete only the balance
of period of training in Pakistan to make the total period as
prescribed under clause 2.

(4) The Council may in suitable cases condone a break in the training
of a student in order to keep continuity in training.

(5) *In addition to the fulfillment of the requirements contained in


clauses (1), (2), and (3) the Council may, *by directives issued
from time to time, prescribe additional requirements and criteria to
be fulfilled and met by the applicants for grant of certificates of
practice and renewals of certificates of practice.
110. Study courses and materials. - (1) The Council may prescribe study
material or correspondence course and may require students to attend the
tutorial courses.
(2) Unless otherwise exempted, a student shall not be admitted to any
examination of the Institute unless he attends and completes the
prescribed tutorial course and has obtained the requisite study
material or completed the correspondence course.
(3) The Education and Training Committee may, with the approval of
the Council, exempt a person from complying with all or any of
the conditions specified in sub-clause (2).
111. Time and places of examinations. - (1) All examinations shall be held
**[…] at such time as the Examination Committee may from time to time

* S.R.O. 21 (KE)/2010 dated 11.02.2010, published in Part-II, Extra-ordinary Gazette of Pakistan dated 26.02.2010.
* S.R.O. 25(KE)/2014 dated 11.06.2014, published in Part-II, Extra-ordinary Gazette of Pakistan dated 20.06.2014.

96
direct and at such place or places as it shall from time to time appoint.

(2) The dates and places of the examinations and other particulars
shall be notified in the official gazette at least one month before the
dates of the examinations.

112. Registration of examinees. - Any person desiring to appear in an


examination of the Institute shall get his name registered with the Institute
on payment of such annual fee as may be determined by the Council
prescribed from time to time in this behalf.

113. Subject and syllabus of the examinations. - The examinations shall be


conducted in the subject and syllabus specified in schedule B or as may be
determined by the Council from time to time:

Provided that the subject and syllabus of the examinations shall be


effective from the date and in the manner as may be notified by the
Council in the official Gazette.

114. Application for admission to an examination. - (1) Applications for


admission to an examination shall be in such form as may be prescribed
by the Council, a copy of which may be obtained from the Institute or the
Regional Committees or from such other agencies as may be specified by
the Council.

(2) Every application under clause (1) together with such documentary
evidence as may be required and the prescribed fee shall be sent so
as to reach the Institute in accordance with the direction given by it
in the matter.

115. Admission fee for examinations. - Every candidate for admission to an


examination conducted by the Institute shall pay such fees as may be
prescribed by the Council from time to time.

116. Refund of examination fee. - The fee paid by a candidate who has been
admitted to an examination shall not be refunded:

Provided that where a candidate applies to the Examination Committee for


refund of fee before the last date to apply for admission to an examination
on the ground that he is prevented from attending an examination on

97
account of circumstances beyond his control, the Examination Committee
may refund the fee paid by such candidate.

117. Examination results. - (1) The Examination Committee shall consider the
reports of the examiners and moderators on each examination and may
accept them or reject them or may accept them subject to any modification
or alteration which may seem desirable.

(2) The Examination Committee shall then report to the Council the result
of each examination and upon the approval and adoption by the
Council of the report of the Examination Committee; a list of
successful candidates shall be published in the official Gazette.
(3) Every candidate shall also be individually informed of his result.

(4) *Notwithstanding anything contained herein before a provisional result


of examination may be provided to a candidate upon completion of
computer based examinations.
118. Failure of candidates at examinations. - (1) **Omitted

(2) A candidate shall retain a pass in a paper(s) or part(s) of a paper(s)


under the *[…] scheme of examinations as the Council may determine
from time to time.

(3) **A candidate shall be allowed a certain maximum number of attempts


and time limit for qualifying any examination of the Institute. The
number of attempts and time limit shall be as specified by the Council.

119. Examination Certificates. - Every candidate passing or obtaining


exemption from any examination of the Institute shall be furnished with a
certificate to that effect, in the form to be specified by the Council and
such certificate shall be signed by the President and the Secretary.

ENTRANCE EXAMINATION
120. *Omitted

* S.R.O. 25(KE)/2014 dated 11.06.2014, published in Part-II, Extra-ordinary Gazette of Pakistan dated 20.06.2014.
** S.R.O. 21(KE)/2010 dated 11.02.2010, published in Part-II, Extra-ordinary Gazette of Pakistan dated 26.02.2010.

98
*ASSESSMENT OF FUNDAMENTAL COMPETENCIES AND
CERTIFICATE IN ACCOUNTING AND FINANCE
121. Admission to assessment of fundamental competencies. - No Person
**

shall be admitted to assessment of fundamental competencies unless he


has passed higher secondary school certificate or equivalent examination
obtaining minimum fifty percent aggregate marks therein.

**122. Admission to examinations of certificate in Accounting and Finance. -


No person shall be admitted to certificate in Accounting and Finance
unless he has passed or obtained exemption from the Assessment of
Fundamental Competencies subject to exemption policy and fulfillment of
eligibility conditions as laid down in bye-law 123.

**122A Direct admission to examinations of certificate in Accounting and


Finance. - Notwithstanding anything contained in bye-laws 121 and 122,
a person who has completed and is undertaking degree program from a
specified degree awarding institute, may be admitted to any paper of
certificate in Accounting and Finance; and

**123. Exemption policy. - (1) The Council may, in accordance with the
exemption policy prescribed in this bye-law, consider request for
exemption from any one or more papers of examinations.

(2) The candidates who hold minimum four years’ degree from specified
degree awarding institutes shall be eligible to claim exemption from
Assessment of Fundamental Competencies without fulfilling any other
criteria and from examinations of certificate in *Accounting and
Finance subject to the criteria prescribed in sub-bye-law (3)

(3) Criteria for exemption from certificate in *Accounting and Finance


required to be fulfilled under sub-bye-law (2) shall be that: -

(i) the syllabus contents and learning outcomes of the subject


match at least seventy percent with that of the prescribed syllabus and
learning outcomes of the Institute or are of more advanced level; and

* S.R.O. 88(KE)/2016 dated .05.04.2016, published in Part-II, Extra-ordinary Gazette of Pakistan dated 09.05.2016.

** S.R.O. 25(KE)/2014 dated 11.06.2014, published in Part-II, Extra-ordinary Gazette of Pakistan dated 20.06.2014.

99
(ii) the candidate has secured minimum *sixty percent marks or
equivalent grades in the subject from which exemption is sought.
(4) Subject to the criteria prescribed in sub-by-law (5), the candidates who
hold degree of minimum sixteen years of education from any local or
foreign institution, recognized by Higher Education Commission, shall be
eligible to claim exemption from Assessment of Fundamental
Competencies and from Introduction to Accounting, Introduction to
Economics and Finance, Business Law and Business Management and
Behavioural Studies of certificate in **Accounting and Finance stage.

(5) Criteria for exemption required to be fulfilled under sub-by-law (4) shall
be-
(i) having obtained minimum *sixty percent marks or equivalent
grades in aggregate;
(ii) having obtained minimum *sixty percent marks or equivalent
grades in relevant subjects from which the candidate is seeking
exemption; and
(iii) that the syllabus contents and learning outcomes of the subject
match at least seventy percent with that of the prescribed syllabus
and learning outcomes of the Institute or are of more advanced
level.

(6) Subject to the criteria prescribed in sub-by-law (7), the candidates holding
a degree of fourteen years of education from any institution, recognized by
Higher Education Commission, higher secondary school certificate, A
Level or other equivalent qualification shall be eligible to claim exemption
from Assessment of Fundamental Competencies and from Introduction to
Accounting and Introduction to Economics and Finance of certificate in
*Accounting and Finance stage.

(7) Criteria for exemption required to be fulfilled under sub-by-law (6) shall
be,
(i) for candidates with graduation of fourteen years of education, -

(a) having obtained minimum sixty percent marks or equivalent grades


in aggregate;

* S.R.O. 92 (KE)/2015 dated 14.07. 2015, Part II, Extra-ordinary Gazette of Pakistan dated 08.09.2015
** S.R.O. 88 (KE)/2016 dated 05.04. 2016, Part II, Extra-ordinary Gazette of Pakistan dated 05.06.2016

100
(b) having obtained minimum seventy-five percent marks or
equivalent grades in relevant subjects from which the candidate
is seeking exemption; and
(c) that the syllabus contents and learning outcomes of the subject
match at least seventy percent with that of the syllabus and
learning outcomes of the Institute or are of more advanced level;
(ii) for candidates with higher secondary school certificate or other
equivalent qualification, -

(a) having obtained minimum seventy percent marks or equivalent


grades in aggregate;
(b) having obtained minimum seventy-five percent marks or
equivalent grades in relevant subjects from which the candidate
is seeking exemption; and
(c) that the syllabus contents and learning outcomes of the subject
match at least seventy percent with that of the prescribed
syllabus and learning outcomes of the Institute or are of more
advanced level; and

(iii) for candidates with A level and equivalent qualification, -

(a) having obtained minimum two B grades;

(b) having obtained minimum B grades in relevant subjects from


which the candidate is seeking exemption; and
(c) that the syllabus contents and learning outcomes of the subject
match at least seventy percent with that of the prescribed
syllabus and learning outcomes of the Institute or are of more
advanced level:
*Provided that the candidates holding higher secondary school certificate
shall not be eligible for exemption from Introduction to Accounting and
Introduction to Economics and Finance after the 31st March, 2016.
(8) Candidates who have passed all examinations of Association of Chartered

* S.R.O. 88 (KE)/2016 dated 05.04. 2016, published in Part II, Extra-ordinary Gazette of Pakistan dated 05.06.2016

101
Certified Accountants of United Kingdom shall be eligible to claim
exemption from the papers of Functional English, Quantitative Methods,
Introduction to Accounting, Financial Accounting and Reporting-I,
Principles of Taxation, Financial Accounting and Reporting-II, Cost and
Management Accounting, and Audit and Assurance:

Provided that the exemption from Principles of Taxation shall be granted


to candidates who have passed F6 Taxation Pakistan variant and
exemption from Audit and Assurance shall be granted to candidates who
have passed P7 Advanced Audit and Assurance.

(9) Candidates who have passed all examinations of Chartered Institute of


Management Accountants of United Kingdom shall be eligible to claim
exemption from papers of *Functional English, Business Communication,
Quantitative Methods, Introduction to Information Technology,
Introduction to Accounting, Introduction to Economics and Finance,
Business Law, Business Management and Behavioural Studies, Financial
Accounting and Reporting-I, Financial Accounting and Reporting-II and
Cost and Management Accounting.

(10) Candidates who have passed all examinations of Institute of Cost and
Management *Accountants of Pakistan shall be eligible to claim exemption
from papers of Assessment of Fundamental Competencies and Certificate
in Accounting and Finance.

(11) Candidates who have passed all examinations of Pakistan Institute of


Public Finance Accountants shall be eligible to claim exemption from
papers of Functional English, Business Communication, Quantitative
Methods, Introduction to Information Technology, Introduction to
Accounting, Introduction to Economics and Finance and Business Law.

(12) Candidates who have passed all examinations of any other relevant
professional body shall be considered on case-to-case basis.
(13) A candidate shall be eligible to claim exemption on the basis of different
qualifications that the candidate holds.
(14) The reference to passing of examination in this bye-law means attempting
and passing the examinations of relevant qualification and does not
include obtaining exemption from such examinations:

* S.R.O. 88 (KE)/2016 dated 05.04. 2016, published in Part II, Extra-ordinary Gazette of Pakistan dated 05.06.2016

102
*Provided that subject to the conditions imposed by the Council, this
clause shall not apply to candidates who have gained professional
qualifications mentioned in sub-bye-laws (10) and (11) after obtaining
some exemptions from examinations of the said professional bodies.

FINAL OR PROFESSIONAL EXAMINATIONS

124. *Admission to final examinations and examinations of Certified


Finance and Accounting Professional.- (1) A person who has
commenced prescribed training before the 1st January, 2015 shall be
required to pass Modules E and F of final examination to qualify as
chartered accountant till the 30th June, 2016. Such person shall be admitted
to the examinations in the manner prescribed under sub-bye-laws (2) and
(3).

(2) A person referred to in sub-bye-law (1) shall be admitted to


Module E of final examination, if-
(a) he has passed or has obtained exemption from, all
examinations up to Certificate in Accounting and Finance
stage or equivalent thereto; and
(b) he has completed at least eighteen months of training as a
student on first day of the month in which the examination
is to be held.

(3) A person referred to in sub-bye-law (1) shall be admitted to


Module F of final examination, if-

a) he has passed, or has obtained exemption from, Module E


of final examination or examination equivalent thereto or
has cleared at least three papers of Module E of final
examination; and

b) he has completed at least twenty-four months of training as


student on the first day of the month in which the
examination is to be held.

* S.R.O. 21(KE)/2010 dated 11.02.2010, published in Part-II, Extra-ordinary Gazette of Pakistan dated 26.02.2010.
* S.R.O. 92 (KE)/2015 dated 14.07. 2015, published in Part II, Extra-ordinary Gazette of Pakistan dated 08.09.2015

103
(4) During the period from the 1st July, 2016 to the *date as specified
by the Council (both days inclusive), a person who has
commenced prescribed training before the 1st January, 2015 shall
be required to pass Certified Finance and Accounting Professional
examination and Examination of ‘Information Technology
Management, Audit and Control’ and ‘Management Accounting’
based on last applicable syllabus of Modules E and F, to qualify as
chartered accountant, provided that he shall not be required to
appear in those subjects in which he has retained a pass under bye-
law 118. Such person shall be admitted to examinations referred to
in this sub-bye-law, if-

a) he has passed, or has obtained exemptions from, all papers of


Certificate of Accounting and Finance or examination
equivalent thereto; and

b) has completed at least eighteen months of training as a student


on first day of the month in which the examination is to be
held.

(5) A person who commences the prescribed training on or after the 1st
January, 2015 shall be required to pass examinations of Certified
Finance and Accounting Professional and Multi Subject
Assessments to qualify as chartered accountant.

(6) A person referred to in sub-bye-laws (1) and (4) may opt in writing
to be admitted to the examinations of Certified Finance and
Accounting Professional and Multi Subject Assessments to qualify
as chartered accountant, provided that he shall not be required to
appear in those subjects in which he has retained a pass under bye-
law 118.

(7) A person referred to in sub-bye-laws (5) and (6) shall be admitted


to examinations of Certified Finance and Accounting Professional,
if he-

a) has passed, or has obtained exemptions from, all papers of


Certificate of Accounting and Finance; and

* S.R.O. 65(KE)/2018 dated 13.08. 2018, published in Part II, Extra-ordinary Gazette of Pakistan dated 16.08.2018

104
b) has completed at least eighteen months of training as a student on
first day of the month in which the examination is to be held.

124A. *Admission to Multi Subject Assessments. - (1) The Multi Subject


Assessments shall consist of the following papers, namely-

a) Financial Reporting and Assurance Professional


Competence; and

b) Management Professional Competence.

(2) No person shall be admitted to-

a) examination of ‘Financial Reporting and Assurance


Professional Competence’ unless he has passed, or has
obtained exemption from, the papers of ‘Advanced
Accounting and Financial Reporting’ and ‘Audit, Assurance
and Related Services’ of Certified Finance and Accounting
Professional stage; and

b) examination of ‘Management Professional Competence’


unless he has passed, or has obtained exemption from, the
papers of ‘Business Management and Strategy’ and ‘Business
Finance Decisions’ of Certified Finance and Accounting
Professional stage.

125. Certificate of service and fitness.- Every student intending to present


himself for final examination for first time shall produce to the
Examination Committee a certificate from his principal or **training
organization to the effect that he is a fit and proper person to be admitted
to the examination and the specific period of training which has been duly
completed by him.

* S.R.O. 92 (KE)/2015 dated 14.07. 2015, published in Part II, Extra-ordinary Gazette of Pakistan dated 08.09.2015
** S.R.O.12(KE)/2006 dated 27.01.2006, published in Part-II, Extra-ordinary Gazette of Pakistan dated 04.02.2006.

105
CHAPTER X

MISCELLANEOUS

126. Finances. - (1) All moneys received by the Institute shall be paid into an
account of the Institute at its bankers and cheques drawn upon its bankers
shall be signed by two members of the Council or by a member of the
Council and the Secretary or the persons entitled to sign cheques shall
have been named by a resolution of the Council.

(2) The funds of the Institute shall be employed for such purposes as
may from time to time be sanctioned by the Council and all funds
not needed immediately for the ordinary purposes of the Institute
may be invested by the Council in any government security or
securities or in any other security or securities approved by the
Federal Government.

(3) The Council may from time to time borrow from a scheduled bank
or from the Federal Government any money required for meeting
its liabilities on capital account or for the purpose of meeting
current liabilities pending the receipt of income.

(4) The Council shall keep proper accounts of all income and
expenditure and have the annual account duly audited.

(5) A copy of the audited accounts and the report of the Council for
that year shall be forwarded to the Federal Government as soon as
practicable after its adoption at the annual meeting of the Institute.

127. Audit of accounts of the Institute. - *(1) The members at each annual
meeting shall appoint one member in practice from each Regional
Constituency as auditor of the Institute including Regional Committees at
such remuneration, if any, as may be determined in the meeting; and

(2) No member of the Council *or any of the Regional Committees or


a member who is in partnership with such a member shall be
eligible for appointment as auditor.

* SRO 56(KE)/2015 dated 16.04.2015, published in Part-II, Extra-ordinary Gazette of Pakistan dated 04.05.2015.

106
(3) In the event of any vacancy, occurring in the office of auditor
between two annual meetings or in the event of a vacancy not
being filled at an annual meeting, the said vacancy may be filled
by the Council at a meeting summoned with notice of the object:

Provided that during such vacancy the continuing auditor may act
alone.

(4) The auditors shall hold office until the next annual meeting but
shall be eligible for re-appointment.

(5) The auditors shall be nominated by two members of the Institute


and such nomination shall be signed by the members nominating
and by the candidate, and must reach the office of the Institute at
least ten days before the annual meeting.

(6) The auditors who are in office shall be deemed to be nominated at


each annual meeting unless they have intimated in writing to the
Secretary their desire not to be re-elected.

(7) Notice shall be given to members and especially to the retiring


auditors of the names of all other persons nominated for
appointment.

128. Powers and duties of the President and Vice-President or Vice-


Presidents. - (1) The President shall exercise such powers and perform
such duties as are contained in the provisions of the Ordinance and these
bye-laws and as may be delegated by the Council or entrusted by the
Standing Committees from time to time.

(2) The President or a Vice-President may direct any business to be


brought before the Council or the Standing Committees for
consideration.

(3) If the Office of the President is vacant or if the President for any
reason is unable to exercise the powers or perform the duties of his
office the Vice-President or one of the Vice-Presidents shall act in
his place and shall exercise the powers and perform the duties of
the President.

107
129. Powers and duties of the Secretary. - (1) Subject to the provisions of the
Ordinance and these bye-laws and under the general supervision of the
President, the Council and the Standing Committees concerned, the
Secretary shall be in-charge and administrative head of the office of the
Institute.
(2) In particular and without prejudice to the generality of the
foregoing power, the powers and duties of the Secretary shall
include:
(i) the management of the office of the Institute and attending
to all correspondence and other matters relating to it;
(ii) enrolment of associates, admission as fellows, removal
from the membership owing to death, restoration of
membership, issuing notifications therefor and the signing
of notifications on behalf of the Council;

(iii) sanctioning and renewing of certificates of practice for


associates and fellows and cancelling of certificates of
practice at the request of members;
(iv) maintenance of all the Registers, documents and forms as
required by the Ordinance and these bye-laws;
(v) the management of all the property of the Institute;
(vi) incurring revenue and capital expenditure within the limits
sanctioned by the Council or the Standing Committees,
receive moneys due to the Institute and issue receipts
therefor’ pay staff salaries and allowances’ maintain or
cause to be maintained proper accounts and deliver the
books of accounts and information to the Institute’s
auditors appointed by the Council for the purpose of audit
of the accounts of the Institute;
(vii) exercising of disciplinary control over the staff except
dismissal which should have the sanction of the President;

(viii) admitting candidates to the examinations held under these


bye-laws and making all necessary arrangements for the
conduct of examinations;

108
(ix) refunding or transferring of fees received in accordance with
these bye-laws for the examinations, enrolment, issue of
certificates of practice and allied matters;
(x) registering and noting of suspensions, cancellations and
terminations of studentship;
(xi) appointing solicitors or advocates and filling papers,
swearing affidavits and subscribing to plaints, writs and other
documents for court purpose;
(xii) taking all steps necessary for proper conduct of elections; and
(xiii) performing such other duties and functions as are incidental
and ancillary to, and may be required for the performance of,
the above duties and exercising such other power as may be
delegated by the President, the Council or the Committees
from time to time.
129A. *Power to issue directives. - The Council or any Standing Committee
constituted under bye-law 72, may issue directives, from time to time, to
the members and students on professional matters.

130. Indemnity. - (1) The members of the Council, officers and auditors shall
be indemnified by the Institute from all losses and expenses incurred by
them in the discharge of their respective duties, except such as happen
from their own respective willful default or in the case of an auditor from
his own negligence or willful default or that of the partner or employee of
such auditor.

(2) No member of the Council, officer or auditor shall be liable for


default of any other member or members of the Council, officers or
auditors, or for signing any receipt or document, or for any act of
conformity, or for any loss or expense happening to the Institute,
unless the same happens from his own willful default, or in the
case of an auditor from his own negligence or willful default or
that of any partner or employee of such auditor.

131. Constitution of students’ associations. - (1) The Council may constitute


a students’ association in each Regional constituency as and when it

* SRO 22(KE)/2004 dated 31.12.2003, published in Part-II, Extra-ordinary Gazette of Pakistan dated 16.01.2004.

109
deems fit and may frame rules laying down the conditions, functions and
duties of such associations and such rules shall be notified in the official
Gazette:

Provided that a students’ association constituted under the Chartered


Accountants Bye-Laws, 1961, shall be construed to have been constituted
under these bye-laws.

(2) Any person who is admitted as a student shall become a member of


the students’ association of his Region on payment of such fees, as
may be prescribed, with his application for registration of his
training contract.

(3) The amount so collected shall be transferred to the respective


students’ association and the Council may, in addition, give such
financial grants to the students’ associations as may be decided by
it from time to time.

(4) No student shall become a member of, or associate himself, with,


any other students’ association, by whatever name called, parallel
to the one constituted under these bye-laws.

132. Method of payment of fees. - All fees prescribed under these bye-laws,
shall be paid to the Institute in such manner as the Council may direct.

133. Publication of list of members. - (1) The Council shall publish the list of
members required under sub-section (3) of section 18 in any manner it
thinks fit and may distinguish between the associates and fellows in
practice and between the associates and fellows not in practice.

(2) Such publication shall be supplied to members and other


gratuitously or at such price as the Council may from time to time
determine.

134. Custody and use of Common Seal. - (1) The Common Seal shall be kept
in such custody as the Council may from time to time determine.

(2) The Common Seal shall not be affixed to any instrument except by
order of the Council and every such instrument shall be signed by
the President or two members of the Council and by the Secretary.

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135. Other functions of chartered accountants in practice.- Without
prejudice to the discretion vested in the Council in this behalf, a chartered
accountant in practice may act as a liquidator, trustee, executor,
administrator, arbitrator, receiver, advisor or a representative for costing,
financial, company law and taxation matters or may take up an
appointment that may be made by Federal Government or Provincial
Government and Courts of law or any other Authority established under
any law, or may act as Secretary in his professional capacity not being a
whole-time salaried employee.

136. Location of the office of the Institute. - The head-quarters of the Institute
shall be located at Karachi or such other place as the Council may decide.

137. Power to remove difficulties. - (1) If any difficulty arises in giving effect
to the provisions of these bye-laws, the Council may, by general or special
order, do anything not inconsistent with these provisions which appear to
it to be necessary or expedient for the purpose of removing the difficulty.

(2) In particular and without prejudice to the generality of the


foregoing power, any such order, may provide for continuing in
force such provisions of the Chartered Accountants Bye Laws,
1961, or such other provisions as conferred any right or privilege
or as imposed any obligation or liability.

138. Repeal of Chartered Accountants Bye-laws, 1961. - (1) The Chartered


Accountants Bye-Laws, 1961, are hereby repealed.

(2) Notwithstanding the repeal of the Chartered Accountants Bye-


Laws, 1961, any appointment, notification, order, election,
examination, result of an examinations, service as an articled or
audit clerk, made, issued, held, declared, rendered or any other
thing done under the repealed bye-laws, shall, so far as it is not
inconsistent with the provisions, of the bye-laws, be deemed to
have been made, issued, held, declared, rendered or done under the
provisions of these bye-laws unless and until it is superseded by
action taken in accordance with these bye-laws.

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