Page 418 - CA Final PARAM Digital Book.

➢ On this context, it may be noted that the Council has provided general permission for providing such
private tutorship. Therefore, CA. Ram would not be held guilty of professional misconduct under
Clause (11) of Part I of the First Schedule to the Chartered Accountants Act, 1949.
Author’s Note

• If at ICAI
o Part Time Tutorship for ICAI courses — No Approval
o Full Time Tutorship for ICAI courses — ICAI doesn’t keeps full time CA Tutors.
o Part Time / Full Time Lectureship for courses other than ICAI — Approval required

• If at other organisation
o Part time / full time tutorship — approval required

• If at home, office etc (unorganised)
o private tutorship — no approval required

QNO First Schedule, Part I,Cl,11 Lectureship Old Course – (M13M, PM17, SM17)
717.000 TITANIUM CNO – PE.1280 New Course- (SM23)
A chartered accountant holding certificate of practice and having four articled clerks registered under
him accepts appointment as a full-time lecturer in a college. Also, he becomes a partner with his
brother in a business
Answer Part I -- Relevant Laws
▪ Clause (11) of Part I of the First Schedule to the Chartered Accountants Act, 1949

▪ Regulation 190A and 191 to the Chartered Accountants Regulations, 1988
Part II -- Requirements of Relevant Laws
➢ Clause (11) of Part I of the First Schedule to the Chartered Accountants Act, 1949
The clause debars a chartered accountant in practice from engaging in any business or occupation
other than the profession of chartered accountancy unless permitted by the Council of the Institute
so to engage. This clause, in effect, has empowered the Council of the Institute to permit chartered
accountants in practice to engage in any other business or occupation considered fit and proper.

➢ Regulation 190A and 191 to the Chartered Accountants Regulations, 1988
Accordingly, the Council had formulated Regulations 190A and 191 to the Chartered Accountants
Regulations, 1988 to provide a basis for considering applications of chartered accountants seeking
permission to engage in other business or occupation.

Part III – Case Discussion
➢ In the given case, Chartered Accountant accepts appointment as full time lecturer in a college and
also becomes partner with his brother in business.

Part IV – Conclusion
➢ A member can accept full- time lecturer-ship in a college only after obtaining the specific and prior
approval of the Council. As also becoming a partner in a business with his brother would require
specific permission the chartered accountant is liable for professional misconduct since he failed to
obtain specific and prior approval of the Council in each case.
Author’s Note

➢ Refer Note of QNO 716.000

➢ Clause 4 ,Part I ,Schedule 1 is also applicable as he, being a CA in practice has entered into
partnership with his brother . No detail is provided regarding his brother.

QNO First Schedule, Part I, Cl 11 --Agricultural Activity on Own Land Old Course- (M22M)
717.500 TITANIUM CNO – PE.1280

"Sanyam, a chartered accountant in practice is owner of three agriculture lands. He lost his father due to
Covid Pandemic. After death of his father, he started carrying out agricultural activities. His neighbour Raja
who is a farmer, filed a complaint against him to ICAI that being a member he is carrying out agricultural
activities, therefore, he is liable for misconduct. You are required to examine the same with reference to
the Chartered Accountants Act, 1949 and Schedules thereto."
www.auditguru.in PARAM 19.60 | P a g e