Home India Ministry of Corporate Affairs In exercise of the powers conferred by sub section 1 of sect...
Date: 2021-06-15 Category: Extra Ordinary State: Union Government Country: India

In exercise of the powers conferred by sub section 1 of section 22A of the Chartered Accountants Act

Issued by Ministry of Corporate Affairs · Not Applicable

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Executive Summary & Key Takeaways

## Report on Amendment to Corporate Affairs Notifications Regarding Chairperson Appointment **1. Executive Summary:** This report analyzes a notification issued by the Ministry of Corporate Affairs on June 15, 2021. The notification is an amendment to a prior notification (G.S.R. 835E, dated November 3, 2015) concerning the composition of a body established under the Chartered Accountants Act, 1949, the Cost and Works Accountants Act, 1959, and the Company Secretaries Act, 1980. The core purpose of this specific amendment is to change the designated Chairperson. The key finding is that Shri Justice Shashi Kant Gupta (Retd. Judge, High Court of Allahabad) has been appointed as the new Chairperson. **2. Introduction:** The purpose of this report is to provide an informative analysis of the Ministry of Corporate Affairs notification dated June 15, 2021, based solely on the provided text. This report will focus on understanding the changes introduced by this amendment and its likely implications. **3. Policy Overview:** * This notification is an amendment to the Government of India, Ministry of Corporate Affairs notification vide number G.S.R. 835E, dated the 3rd November, 2015. * **Core Objective(s) (Inferred):** Based on the Acts mentioned (Chartered Accountants Act, 1949, Cost and Works Accountants Act, 1959, and Company Secretaries Act, 1980) and the nature of the amendment (appointment of a Chairperson), the core objective of the original policy likely pertains to the establishment and governance of a body responsible for overseeing or regulating these professions. **4. Background and Rationale:** The amendment appears to be driven by a need to change the leadership of the aforementioned body. The previous incumbent is being replaced by Shri Justice Shashi Kant Gupta. While the *specific* reason for the change is not stated in the provided text, it can be inferred that it relates to the need for a new Chairperson, potentially due to retirement, resignation, or other administrative reasons. **5. Key Provisions / Changes:** * **Specific Part of Original Policy Changed:** The amendment directly modifies the entry against serial number 1 in the original notification (G.S.R. 835E, dated November 3, 2015). * **New Rule/Provision:** The entry "Shri Justice Shashi Kant Gupta, Chairperson. Judge Retd. High Court of Allahabad, Allahabad" is substituted for the previous entry. * **Difference/Effect of the Change:** This amendment replaces the previous Chairperson with Shri Justice Shashi Kant Gupta. This means the named individual is now responsible for chairing the relevant body established under the Chartered Accountants Act, Cost and Works Accountants Act, and Company Secretaries Act. The new Chairperson brings their experience as a retired Judge of the High Court of Allahabad to the role. **6. Target Audience and Stakeholders:** The primary target audience and stakeholders directly affected by this change are: * The members and staff of the body overseen by the Chairperson. * Chartered Accountants, Cost and Works Accountants, and Company Secretaries, who are subject to the regulations and oversight of the body. * The Ministry of Corporate Affairs. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Ministry of Corporate Affairs is the responsible agency for issuing this notification. The body that the Chairperson will lead is implicitly responsible for implementing the changes within its structure and operations. * **Timelines/Procedures:** The notification states that "This notification shall come into force on the date of its publication in the Official Gazette," which is June 15, 2021. There are no other specific timelines or procedures outlined in the provided text. * **Implementation related specifically to the changes**: The change of the chairperson is effective from the date of publication of the notification. This may require internal communication and handover processes within the body governed by the chairperson. **8. Expected Outcomes / Impact of Changes:** The intended outcome of this amendment is to ensure continued and effective leadership of the body by appointing a new Chairperson. The appointment of a retired High Court Judge suggests an emphasis on legal expertise and impartiality in the body's operations. This could lead to: * Continued efficient functioning of the organization. * A potential shift in the body's focus or priorities based on the new Chairperson's expertise and perspective. **9. Conclusion:** The notification issued by the Ministry of Corporate Affairs on June 15, 2021, represents an amendment to a prior notification regarding the Chairperson of a key regulatory body. The amendment appoints Shri Justice Shashi Kant Gupta as the new Chairperson, effective from the date of publication. This change is significant as it ensures continued leadership and potentially brings a new perspective to the body's operations, likely affecting the functioning and oversight of the Chartered Accountants, Cost and Works Accountants, and Company Secretaries professions.

Key Entities Referenced

New Delhi: The location where the notification was issued. Chartered Accountants Act, 1949: A legal act referred to in the notification. Cost and Works Accountants Act, 1959: A legal act referred to in the notification. Company Secretaries Act, 1980: A legal act referred to in the notification. Central Government: The governing body issuing the notification. Ministry of Corporate Affairs: The ministry that issued the notification G.S.R. 835E, dated the 3rd November, 2015 and subsequent amendments. Shri Justice Shashi Kant Gupta: Chairperson. Judge Retd. High Court of Allahabad, Allahabad. High Court of Allahabad, Allahabad, Uttar Pradesh: The High Court where Shri Justice Shashi Kant Gupta was a judge. Gazette of India: Official publication in which the notification and amendments were published. G.S.R. 835E: The principal notification, dated the 3rd November, 2015. G.S.R. 1130E: Notification number, dated the 13th December, 2016. G.S.R. 171E: Notification number, dated the 1st March, 2019. G.S.R. 413E: Notification number, dated the 10th June, 2019. Mayapuri, New Delhi: Location of the Government of India Press Delhi: Location of the Controller of Publications.
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 xxxGIDHxxx सी.जी.-डी.एxलxx.-GअID.E-1x5xx0 62021-227616 CG-DL-E-15062021-227616 असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (i) PART II—Section 3—Sub-section (i) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 324] नई ददल्ली, मगं लवार, िनू 15, 2021/ज्य ‍े ठ 25, 1943 No. 324] NEW DELHI, TUESDAY, JUNE 15, 2021/JYAISTHA 25, 1943 कारपोरेट काय य मत्रं ालय अजधसचू ना नई ददल् ली, 15 िून, 2021 सा.का.जन. 408(अ).—केंद्रीय सरकार, चाटयडय अकाउंटेंट अजधजनयम,1949 (1949 का 38) की धारा 22 क की उपधारा (1), लागत और सकं म य लेखापाल अजधजनयम,1959 (1959 का 23) की धारा 22 क और कंपनी सजचव अजधजनयम,1980 (1980 का 56) की धारा 22 (क) द्वारा प्रदत् त िज‍त यों का प्रयोग करत े हुए भारत सरकार, कारपोरेट कायय मंत्रालय की अजधसूचना सा.का.जन. संख् या 835(अ), तारीख 3 नवम् बर, 2015 का जनम्न जलजखत और संिोधन करती ह,ै अथायत:— उ‍त अजधसूचना म,ें क्रमांक (1) के सामन,े प्रजवज‍ट के स्ट् थान पर जनम्न जलजखत प्रजवज‍ट रखी िाएगी, अथातय :— “(1) न् यायमूतत श्री िजिकांत गुप् ता, अध् यक्ष” न् यायाधीि (सेवाजनवृत् त) इलाहाबाद उच् च न् यायालय, इलाहाबाद। 3238 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] 2. यह अजधसूचना रािपत्र म ेंइसके प्रकािन की तारीख को प्रवत्ृ त होगी। [फा सं. 12/15/2007-पीआई भाग III] मनोि पांडेय, संयु‍ त सजचव टटप्प ण : मलू अजधसूचना, भारत के रािपत्र, असाधारण, भाग 2 खंड 3, उपखंड (i) म ें सा.का.जन. संख् या 835 (अ),तारीख 03 नवम् बर, 2015 द्वारा प्रकाजित की गई थी और इसके पश् चात की सा.का. जन. 1130 (अ), तारीख 13 ददसंबर, 2016, सा.का. जन. 171,तारीख 01 माच,य 2019, सा.का. जन. 413 (अ), तारीख 10 िून, 2019 द्वारा संिोजधत की गई। MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 15th June, 2021 G.S.R. 408(E).—In exercise of the powers conferred by sub section (1) of section 22A of the Chartered Accountants Act, 1949 (38 of 1949), section 22A of the Cost and Works Accountants Act, 1959 (23 of 1959) and section 22A of the Company Secretaries Act, 1980 (56 of 1980), the Central Government hereby makes the following further amendments in the notification of the Government of India, Ministry of Corporate Affairs, vide number G.S.R. 835(E), dated the 3rd November, 2015, namely:— In the said notification, against serial number (1), for the entry, the following entry shall be substituted, namely:— “(1) Shri Justice Shashi Kant Gupta, Chairperson”. Judge (Retd.) High Court of Allahabad, Allahabad. 2. This notification shall come into force on the date of its publication in the Official Gazette. [F.No.12/15/2007-PI Vol.III] MANOJ PANDEY, Jt. Secy. Note:- The principal notification was published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i) vide number G.S.R. 835(E), dated the 3rd November, 2015 and subsequently amended vide notification number G.S.R. 1130(E), dated the 13th December, 2016, G.S.R. 171(E), dated the 1st March, 2019 and G.S.R. 413(E), dated the 10th June, 2019. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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