Page 417 - CA Final PARAM Digital Book.

Therefore, in view of above in the given case, Mr. D should not accept the offer to be appointed as
director of HH Limited. However, he can accept the assignment offered by his friend and can act as
a recovery consultant for a bank.

First Schedule, Part I,Cl,11 General Permission (Editorship of Old Course – (M16R, N20R, M21M)
QNO Professional Magazine)
715.000
TITANIUM CNO – PE.1280
Comment on the following with reference to the Chartered Accountants Act, 1949, and Schedules thereto:
CA. Sufi is practicing since 2008 in the field of company auditing. Due to his good practical knowledge, he

was offered editorship of a ‘Company Audit’ Journal which he accepted. However, he did not take any
permission from the council regarding such editorship.
Answer Part I -- Relevant Laws
➢ -Clause (11) of Part I of the First Schedule to the Chartered Accountants Act, 1949

Part II -- Requirements of Relevant Laws
➢ A Chartered Accountant in practice will be deemed to be guilty of professional misconduct if he
engages in any business or occupation other than the profession of Chartered Accountant unless
permitted by the Council so to engage.
However, the Council has granted general permission to the members to engage in certain specific
occupation. In respect of all other occupations specific permission of the Institute is necessary.

Part III – Case Discussion
➢ In the instant case, CA. Sufi accepted editorship of a journal for which he did not take any permission
from the Council

Part IV – Conclusion
➢ In this context, it may be noted that the editorship of professional journals is covered under the
general permission. Therefore, CA. Sufi shall not be held guilty of professional misconduct in terms
of Clause (11) of Part I of First Schedule to the Chartered Accountants Act, 1949.

QNO First Schedule, Part I,Cl,11 --General Permission (Private Tutorship) Old Course – (M16E, PM17, N18R,
716.000 TITANIUM CNO – PE.1280 M18M)
CA Ram is practicing in the field of financial management planning for over 12 years. He has gained
expertise in this domain over others. Mr. Ratan, a student of Chartered Accountancy course, is very much
impressed with the knowledge of CA. Ram. He approached CA. Ram to take guidance on some topics of

financial management subject related to his course. CA. Ram, on request, decided to spare some time
and started providing private tutorship to Mr. Ratan along with some other aspirants. However, he
forgot to take specific permission for such private tutorship from the Council.
Answer Part I -- Relevant Laws
▪ Clause (11) of Part I of the First Schedule to the Chartered Accountants Act, 1949

▪ Regulation 190A of the Chartered Accountants Regulation, 1988

Part II -- Requirements of Relevant Law
➢ Clause (11) of Part I of the First Schedule to the Chartered Accountants Act, 1949
A Chartered Accountant in practice shall be deemed to be guilty of professional misconduct if he
engages in any business or occupation other than the profession of chartered accountant unless
permitted by the Council so to engage.

➢ Regulation 190A of the Chartered Accountants Regulation, 1988
A Chartered Accountant in practice shall not engage in any other business or occupation other than
the profession of accountancy except with the permission granted in accordance with a resolution
of the Council. According to the same there is no specific permission from the council would be
necessary in the case of private tutorship.

Part III – Case Discussion
➢ In the given case, CA. Ram has started providing private tutorship to Mr. Ratan along with some
other aspirants, without obtaining specific or prior approval of the Council.

Part IV – Conclusion
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