ICAP Bye-Laws1983
ICAP Bye-Laws1983
ICAP Bye-Laws1983
CONTENTS
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
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
CHAPTER I
PRELIMINARY
1. Short title and commencement. - (1) These bye-laws may be called the
Chartered Accountants Bye-Laws, 1983.
* 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;
(g) *Omitted
**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;
(n) *deleted
*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, -
(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
(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
* 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.
(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
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-
*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
vi. a member who remains un-employed for more than 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
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.
(a) reject nomination papers of a candidate, who does not fulfill the
requirement of bye-law 13; and
* 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.
* 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;
(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.
Provided that his name has not been removed from the Register after
publication of the list of voters.
* 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: -
TOTAL 9
* 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.
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) The Election Committee shall record in brief the reasons for
rejecting a nomination.
* 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
(2) The list shall contain full names in alphabetical order and the
addresses of validly nominated candidates for each zone of the
constituency.
57
delivered to the Election Committee before 4.00 p.m. of the withdrawal
date.
(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.
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):
(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.
*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.
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.
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.
* 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.
(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.
* 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.
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
(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
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.
(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;
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-
(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.
67
of a vehicle by a candidate or by any other person, with his
connivance, for the conveyance of voters.
*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.
***[…………………..]
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.
(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.
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CHAPTER IV
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;
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.
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unfinished at the previous meeting.
55. Procedure for transaction of business. - (1) The business of the Council
shall ordinarily be transacted 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.
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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.
(i) he shall intimate the Council the date of his departure from,
and the date of his expected return to, Pakistan.
(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.
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CHAPTER V
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.
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.
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.
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.
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
72. Committees of the Council. - (1) The Council shall constitute from
amongst its members the following standing committees namely: -
(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.
*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.
*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: -
Provided that the Council shall always have the power to review any
decision of the Examination Committee in exercise of its aforesaid
functions.
(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;
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.
* 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*.
(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.
*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
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.
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.
83
have been absent without sufficient excuse from three consecutive
meetings 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.
* 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.
(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.
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.
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.
(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.
Provided that-
(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 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.
88
CHAPTER VIII
STUDENTS
(i) is not less than sixteen years of age on the date of commencement
of his training;
(ii) ***Omitted
(iv) *Omitted
(vi) ***Omitted
(vii) ***Omitted
(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.
* 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.
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.
** 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
(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
***
* 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
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.
(2) The Professional Accounting Affiliate shall not have his name entered
in the Register and consequently, shall not be a member of the
Institute:
(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
* 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.
* 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.
(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.
116. Refund of examination fee. - The fee paid by a candidate who has been
admitted to an examination shall not be refunded:
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.
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
**
**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)
* 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, -
* 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, -
* 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:
(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.
(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.
* 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-
(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.
* 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.
* 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
* 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.
(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;
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.
* 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:
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.
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.
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