In terms of the provisions of Section 21B3 of the Chartered Accountants Act, 1949 read with Rules

## Report on Notification Regarding Removal from Register of Members - Institute of Chartered Accountants of India **1. Executive Summary:** This report analyzes a notification from the Institute of Chartered Accountants of India (ICAI) regarding the removal of CA. Ms. Bhavya Garg from the Register of Members for a period of one year, effective December 16, 2022. The notification stems from a disciplinary action related to professional misconduct, as determined by the Disciplinary Committee and upheld by the Appellate Authority. The core purpose of this notification is to inform the public and relevant stakeholders of this disciplinary action and its immediate consequence: the temporary removal of Ms. Garg's membership. Key findings indicate that this action follows due process as defined by the Chartered Accountants Act, 1949, and related rules and regulations. **2. Introduction:** This report aims to provide an informative overview of a notification published by the Institute of Chartered Accountants of India (ICAI) concerning disciplinary action against one of its members. The analysis is based solely on the provided text of the notification and seeks to clarify its key provisions, implications, and intended audience. **3. Policy Overview:** This notification pertains to an action taken under the existing framework of the Chartered Accountants Act, 1949, and related rules and regulations concerning professional misconduct. Therefore, it represents an implementation of existing policy rather than the introduction of a new one or a specific amendment to a standing policy. * **Core Objective(s):** The primary objective, as inferred from the text, is to enforce ethical standards and maintain the integrity of the Chartered Accountancy profession by addressing and penalizing instances of professional misconduct. This specific notification aims to publicize the Disciplinary Committee's decision and its implementation. **4. Background and Rationale:** This notification addresses the implementation of disciplinary procedures following a finding of professional misconduct. The rationale behind the notification is to ensure transparency and accountability within the Chartered Accountancy profession. It serves to inform stakeholders of disciplinary actions taken against members who violate professional standards. The likely problem this notification addresses is a breach of professional ethics by a member, necessitating disciplinary action as per the Chartered Accountants Act and related regulations. **5. Key Provisions / Changes:** This notification details the *implementation* of a pre-existing disciplinary action, therefore this can be analyzed as a policy implementation. The key provision is the formal notification of the removal of CA. Ms. Bhavya Garg (Membership No. 124759) from the Register of Members of the ICAI for a period of one year, effective December 16, 2022. This action is based on a finding of Professional Misconduct falling within the meaning of Clause 7 of Part I of the Second Schedule to the Chartered Accountants Act, 1949. * The notification explicitly references Section 21B3 of the Chartered Accountants Act, 1949, and Rules 1817 and 191 of the Chartered Accountants Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases Rules, 2007, indicating the legal and procedural basis for the action. * The notification confirms that the Disciplinary Committee's decision was upheld by the Appellate Authority, indicating due process was followed. **6. Target Audience and Stakeholders:** Based on the text, the target audience and stakeholders include: * The general public, as the notification is published in the Gazette of India. * Members of the Institute of Chartered Accountants of India, to reinforce professional standards and consequences of misconduct. * Clients and potential clients of CA. Ms. Bhavya Garg, informing them of her temporary removal from the Register of Members. * Regulatory bodies and other professional organizations. **7. Implementation Aspects (Inferred):** * **Responsible agency/bodies:** The Institute of Chartered Accountants of India (ICAI), specifically the Disciplinary Committee, the Appellate Authority, and the Secretary of the ICAI. The Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and the Controller of Publications, Delhi-110054 are responsible for publishing the notification. * **Timelines:** The notification specifies that the removal is effective from December 16, 2022, and lasts for one year. The Appellate Authority's order was pronounced on November 3, 2022. * The removal from the register is a direct consequence of the disciplinary process outlined in the Chartered Accountants Act and related Rules. Regulation 18 of the Chartered Accountants Regulations, 1988 is also mentioned, which likely governs the procedures for removing a member from the register. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome of this notification is to: * Maintain public trust in the Chartered Accountancy profession by demonstrating accountability and enforcement of ethical standards. * Serve as a deterrent to other members considering engaging in professional misconduct. * Inform stakeholders about the temporary suspension of CA. Ms. Bhavya Garg's membership, potentially impacting her ability to practice during the suspension period. The impact of the implementation of the policy would be to provide assurance to the public regarding the integrity of the accounting profession. **9. Conclusion:** The notification regarding the removal of CA. Ms. Bhavya Garg from the Register of Members for a period of one year is a significant action by the ICAI, demonstrating its commitment to upholding professional standards and ensuring accountability within the profession. The notification, published in the Gazette of India, serves to inform stakeholders about the disciplinary action and its immediate consequence. This action is based on a finding of professional misconduct and follows due process as defined by the Chartered Accountants Act, 1949, and related rules and regulations. The notification highlights the importance of ethical conduct within the Chartered Accountancy profession and the consequences of failing to meet those standards.

Key Entities Referenced