D. A. MEHTA, J. ( 1 ) THIS is a Reference made by the Council of the Institute of Chartered Accountants of India being the petitioner under Section 21 (5) of the Chartered Accountants Act,1949 (the Act ). The Reference is in respect of Shri Mukesh R. Shah, Chartered Accountant (Respondent) in the matter of recommendation of the petitioner made in the 228th Meeting held at New Delhi from 18th. to 20th. October,2002. ( 2 ) SHRI S. K. Agarwal, Commissioner of Income Tax, Ahmedabad (the complainant) made the following allegations/charges against the respondent :"1. 1 He had fabricated and filed challans for advance tax in respect of certain clients and relatives and then filed their returns of Income showing nominal income so as to claim refund against advance tax paid. On investigation it was found by the Income Tax Department that the Respondent had changed the amount of advance tax paid in copies of challans that are retained by the assessee and sent to the Department alongwith the return. The returns also, in many cases, were verified by him. The address given in the returns was his own so that the refund vouchers could reach him and he had, in fact, encashed these vouchers by opening bank accounts in the names of the assessees. He is said to have admitted having committed this forgery etc. thereby defrauding the exchequer to the tune of Rs. 15 lakhs. As per FIR filed by the Income Tax Officer, the Respondent was arrested and was remanded first to police custody till 6/05/1993 and thereafter to judicial custody till 20th May,1993. 1. 2 The charges, if proved, would render the Respondent guilty of "other misconduct" under Section 21 read with Section 22 of the Chartered Accountants Act,1949". ( 3 ) AS per the provisions of the Act and the Regulations framed thereunder, the petitioner forwarded on 16. 12. 1993, a copy of the complaint inviting the respondent to file his written statement. 2 The charges, if proved, would render the Respondent guilty of "other misconduct" under Section 21 read with Section 22 of the Chartered Accountants Act,1949". ( 3 ) AS per the provisions of the Act and the Regulations framed thereunder, the petitioner forwarded on 16. 12. 1993, a copy of the complaint inviting the respondent to file his written statement. No written statement was submitted by the respondent despite protracted correspondence between the petitioner and the respondent and ultimately the petitioner at its meeting held in December 1998 at New Delhi, considered the complaint and the documents annexed thereto so as to record a prima facie opinion that the respondent was guilty of professional and/or other misconduct and accordingly referred the case to the Disciplinary Committee constituted under the Act for necessary inquiry. ( 4 ) THE Disciplinary Committee held various hearings commencing from 29. 4. 1999 and ending on 23. 5. 2001. After perusing the documents on record, examination of the witnesses and considering the submissions made on behalf of the complainant as well as the respondent the Disciplinary Committee submitted its report dated 3. 2. 2002. The Disciplinary Committee was of the opinion that a fraud had been perpetrated on the Income Tax Department, Ahmedabad and that the respondent was responsible for the said fraud; that in committing this fraud and various other acts as alleged, the respondent had adopted a course of conduct unbecoming of a professional. The respondent was therefore found guilty of "other misconduct" under Sections 22 read with 21 of the Act. ( 5 ) THE report of the Disciplinary Committee was forwarded both to the complainant and the respondent by the petitioner on 17. 8. 2002 and the parties were informed that the said report would come up for consideration at one of its forthcoming meetings. The parties were also informed to forward their written representations, if any, as also, if they so desired, to appear before the petitioner Council either in person or through a representative and make oral submissions. On 26. 8. 2002 the parties were informed that the meeting of the Council would be held on 13. 9. 2002 to consider the report of the Disciplinary Committee. The respondent submitted written representation dated 4. 9. 2002. On 11. 9. On 26. 8. 2002 the parties were informed that the meeting of the Council would be held on 13. 9. 2002 to consider the report of the Disciplinary Committee. The respondent submitted written representation dated 4. 9. 2002. On 11. 9. 2002 a letter was faxed by the respondent wherein adjournment was sought for a period of 3 to 4 weeks on the ground of illness of his wife. The Council accepted request for adjournment and on 27. 9. 2002 the parties were informed that the report of the Disciplinary Committee shall be considered on 20. 10. 2002. The respondent made submissions in writing vide letters dated 10. 10. 2002 and 11. 10. 2002. On 18. 10. 2002 a letter was faxed to the Council, which was received by the Council on 19. 10. 2002, whereby the respondent again sought adjournment on the ground of the illness of his wife. The Council considered the aforesaid letter dated 18. 10. 2002 and after noting the fact that on identical ground adjournment had already been granted earlier and in absence of supporting medical reports as well as in view of the fact that the complainant had intimated their appearance along with their Counsel, the petitioner Council did not think it fit to grant the adjournment as prayed for. In fact on 19. 10. 2002, the complainant representated by one Mr. Yogendra Dube, Assistant Commissioner of Income Tax along with authorized representative Shri Umedsing Bhati, Chartered Accountant, appeared before the petitioner Council and made oral submissions. The petitioner Council, after considering the entire record, the report of the Disciplinary Committee and written submissions dated 4. 9. 2002, 10. 10. 2002, 11. 10. 2002 and letter dated 18. 10. 2002 of the respondent, decided to accept the report of the Disciplinary Committee. The petitioner Council held that the conduct of the respondent was most unethical and unprofessional and it was decided to recommend the severest of the severe punishment to the respondent, viz. removal of the name of the petitioner permanently from the register of Members. It is this Reference, containing the aforesaid recommendation, which has been placed before this Court to pass necessary orders in terms of Section 21 (6) of the Act. ( 6 ) ACCORDINGLY on 20. 1. 2003 this Court had issued notice for final hearing. Thereafter, when the matter was listed for final hearing on 8. 9. It is this Reference, containing the aforesaid recommendation, which has been placed before this Court to pass necessary orders in terms of Section 21 (6) of the Act. ( 6 ) ACCORDINGLY on 20. 1. 2003 this Court had issued notice for final hearing. Thereafter, when the matter was listed for final hearing on 8. 9. 2003 as there was no appearance on behalf of the respondent when the matter was called out, it was directed that fresh notice for final hearing be issued only to the respondent. Accordingly fresh notice was duly served and the respondent has appeared in person. Mr. S. N. Soparkar, learned Senior Counsel has appeared on behalf of the petitioner Council. ( 7 ) MR. SOPARKAR, learned Advocate appearing on behalf of the petitioner invited the attention of the Court to the documentary evidence on record and submitted that the respondent was guilty of misconduct within the meaning of the term "other misconduct" as provided in Section 21 read with Section 22 of the Act. It was submitted that the recommendation of the petitioner Council be accepted and the petitioner Council be permitted to remove the name of the respondent from the Register of Members. ( 8 ) THE respondent, appearing in person, contended that the entire proceedings conducted by the petitioner Council were bad in law as the same were vitiated due to violation of principles of natural justice, that various incriminating documents stated to have been annexed with the complaint had not been supplied; that the Council had not heard the respondent before recording its prima facie opinion and referring the case to the Disciplinary Committee. It was further submitted that the reliance by the Disciplinary Committee and the petitioner Council on various statements (including the statement dated 21. 4. 1993) of the respondent were not supported by any evidence and the retraction made by the respondent before the complainant on 8. 6. 1993 had not been taken into consideration. It was further submitted that both the Disciplinary Committee and the Council had totally overlooked various written submissions, running into more than 800 pages and other documentary evidence. That the request of the respondent for adjournment on valid grounds had been rejected without any proper reason. 6. 1993 had not been taken into consideration. It was further submitted that both the Disciplinary Committee and the Council had totally overlooked various written submissions, running into more than 800 pages and other documentary evidence. That the request of the respondent for adjournment on valid grounds had been rejected without any proper reason. That the respondent had also requested for holding de novo inquiry as provided in the regulation when the constitution of the Disciplinary Committee underwent a change but the said request had also been rejected by the Disciplinary Committee without any valid reason. That the findings and conclusions of the Disciplinary Committee as accepted by the Council were totally erroneous and against the legal position. That the Disciplinary Committee ought to have accepted the request for keeping the disciplinary proceedings in abeyance till finalization of pending criminal case against the respondent, as otherwise the same would cause prejudice to the case of the respondent. That the report of the Disciplinary Committee be quashed and set aside; in the alternative, the report be quashed and set aside and the proceedings be restored to the Disciplinary Committee. Finally, an alternative prayer was made that if at all the respondent was found to be guilty, the High Court should not accept the recommendation of permanent removal of the respondents name from the register of members and the respondent be visited with minimum punishment as provided under Section 21 (6) (b) or Section 21 (6) (c) of the Act by taking a sympathetic and liberal view. In support of the last alternative prayer it was submitted that the revenue had not been put to any monetary loss and a sum of Rs. 21. 98 lacs had already been recovered with interest and there was no wrongful gain to the respondent. It was also submitted that considering the age of the respondent, his wife and children as well as the old age of his parents the respondent be not meted out the punishment as recommended by the petitioner Council. ( 9 ) IN support of the various contentions it was submitted that though the complainant had averred that fraud had been committed, in relation to 168 cases regarding fraudulent encashment of refund, the complainant had tendered evidence only in four cases and no investigations were carried out in the balance cases. ( 9 ) IN support of the various contentions it was submitted that though the complainant had averred that fraud had been committed, in relation to 168 cases regarding fraudulent encashment of refund, the complainant had tendered evidence only in four cases and no investigations were carried out in the balance cases. It was also submitted that the complainant had failed to bring home the charge that the respondent had claimed or received or utilized the alleged refund money even in a single case in absence of any direct and cogent evidence. That the entire case of the complainant and the report of the Disciplinary Committee as accepted by the Council was based on the so called admission of guilt without appreciating that the said admission had been retracted by the respondent and it was specifically clarified that the admission had been obtained under threat, compulsion and coercion. That admission of guilt did not amount to admission of proof of guilt and both the complainant and the Council had failed to establish and prove the guilt of the respondent. Various judgments of different High Courts and the Supreme Court of India as well as orders of the Council were pressed into service in support of the submission that disciplinary proceeding had been carried out in violation of principles of natural justice. ( 10 ) MR. SOPARKAR, learned Senior Counsel, appearing on behalf of the petitioner Council submitted that the respondent had failed to file any written statement of defence before the Disciplinary Committee and despite the said lapse, the Disciplinary Committee had taken into consideration various written representations as being statement of defence. That full and proper opportunity had been accorded to the respondent, but the respondent had failed to avail of such opportunity. It was also submitted that the grievance of the respondent that the Disciplinary Committee had not summoned all the necessary witnesses for examination, nor directed the complainant to produce the witnesses was a grievance without any basis. The attention of the Court was invited to the finding in paragraph 30 of the report of the Disciplinary Committee wherein the Disciplinary Committee had taken note of the fact that the respondent had made a request that "all departmental employees who were in service at that point of time" be called as witnesses. The attention of the Court was invited to the finding in paragraph 30 of the report of the Disciplinary Committee wherein the Disciplinary Committee had taken note of the fact that the respondent had made a request that "all departmental employees who were in service at that point of time" be called as witnesses. It was submitted that the Disciplinary Committee had specifically dealt with the said request of the respondent. In relation to the contention regarding holding of de novo inquiry as provided by Regulation 15 (5) of the Regulations it was submitted that any party to the inquiry may make such demand and thereafter it was for the Disciplinary Committee to decide whether such a de novo inquiry was required or not, was justified or not, or was warranted or not, on the facts and circumstances of each case. In this connection, attention was invited to the fact that at the first meeting of the Disciplinary Committee on 29. 4. 1999, as could be seen from the minutes recorded, no substantial progress had been made in the proceedings and the Disciplinary Committee had only directed the parties to submit further details. Thereafter, from the said date viz. 29. 4. 1999 till 12. 4. 2001 no proceeding had been conducted by the Disciplinary Committee which would cause any prejudice to the case of the respondent, so as to warrant a demand for de novo inquiry. ( 11 ) AS regards the contention about refusal of adjournment it was submitted that the petitioner had not shown any resultant prejudice being caused to the petitioner. In relation to the grievance of the petitioner that the Disciplinary Committee had failed to consider the retraction it was pointed out that the Disciplinary Committee had dealt with the said issue specifically vide paragraphs 153 to 155 of its report. Finally, it was submitted by Mr. Soparkar that the Act and the Regulations provided a complete machinery whereunder a professional Chartered Accountant who is charged with professional and/or other misconduct is given full and adequate opportunity to meet with the charges levelled against him and the entire case is handled by a group of professional peers. Finally, it was submitted by Mr. Soparkar that the Act and the Regulations provided a complete machinery whereunder a professional Chartered Accountant who is charged with professional and/or other misconduct is given full and adequate opportunity to meet with the charges levelled against him and the entire case is handled by a group of professional peers. That in such circumstances, the Court should normally accept the recommendation of the professional body unless and until it transpires from the record that there has been a grave miscarriage of justice as a result of the professional body either ignoring the relevant evidence on record or taking into consideration any irrelevant material, either wholly or partly. That in the present case such a situation was absent and the High Court should accept the recommendation made by the petitioner Council. Various decisions were cited in support of the aforesaid propositions. ( 12 ) THERE is no dispute between the parties that a fraud was perpetrated on the Income Tax Department whereby either at the stage of filing of the returns of income or after the stage of filing of such returns the figures in the counter-foil of challans showing payment of self assessment tax were manipulated/forged and refund claim was made on the basis of such fake challans. That such refunds were obtained from the Income Tax Department, credited in various Bank Accounts and monies withdrawn from such Bank Accounts. The only dispute between the parties, viz. complainant and the respondent is : Whether the respondent is liable for the fraud. The respondent denies the same outright. The Disciplinary Committee and the petitioner Council have found the respondent guilty by coming to the conclusion that the entire exercise was carried out by the respondent or at his behest and his conduct is unbecoming of a professional within the meaning of the term "other misconduct" under Section 21 read with Section 22 of the Act. ( 13 ) A brief resume of the relevant provisions of the Act and the Regulations framed thereunder. 13. 1 the Chartered Accountants Act, 1949 (the Act) has been brought on Statute Book with the object of developing and establishing a system in which the Accountants will, in autonomous association of themselves, largely assume responsibilities involved in the discharge of their public duties by securing maintenance of the requisite standards of professional qualifications, discipline and conduct. 13. 1 the Chartered Accountants Act, 1949 (the Act) has been brought on Statute Book with the object of developing and establishing a system in which the Accountants will, in autonomous association of themselves, largely assume responsibilities involved in the discharge of their public duties by securing maintenance of the requisite standards of professional qualifications, discipline and conduct. That the control of the Central Government shall be confined to a very few specified matters. Preamble of the Act makes it clear that it is expedient to make provision for the regulation of profession of Chartered Accountants. Section 2 (1) (e) of the Act defines institute to mean the Institute of Chartered Accountants of India constituted under the Act. Section 3 provides for incorporation of the Institute and takes within its fold all persons whose names are entered in the Register under the provisions of the Act so as to constitute a body corporate with perpetual succession and common seal. Section 9 of the Act provides for constitution of the Council of the Institute which will manage the affairs of the Institute and discharge the functions assigned to it under the Act. Section 15 of the Act lays down the functions of the council and under sub-section (2) of Section 15 of the Act in particular without prejudice to the generality of the foregoing power under Sub-section (1) - the duties of the Council shall include various items denoted from (a) to (l ). Section 17 of the Act empowers the Council to constitute from amongst its members the Standing Committees namely (i) Executive Committee, (ii) Examination Committee, (iii) Disciplinary Committee. Sub-section (3) of Section 17 specifies the composition of each of such Standing Committees, namely, the President and the Vice President , ex officio, and three other members of the Council elected by the Council; but the Proviso under sub-section (3) specifies that out of such three other members of the Council, elected by the Council, two shall be elected by Council and the third shall be nominated by the Central Government, from amongst the persons nominated to the Council by Central Government under Section 9 of the Act. Therefore, the legislature has advisedely, to remove the charge of bias, provided by virtue of Sections 9 and 17 (3) of the Act, nomination of certain members by Central Government. 13. 2 chapter V of the Act deals with misconduct. Therefore, the legislature has advisedely, to remove the charge of bias, provided by virtue of Sections 9 and 17 (3) of the Act, nomination of certain members by Central Government. 13. 2 chapter V of the Act deals with misconduct. Section 21 provides for procedure in inquiries relating to misconduct of members of Institute. Sub-section (1) of Section 21 states that Council shall refer a case to the Disciplinary Committee where the Council is in receipt of information or is in receipt of a complaint and is of prima facie opinion that any member of the Institute in regard to whom the information or complaint has been received, has been guilty of any professional or other misconduct. Upon such reference being made the Disciplinary Committee shall hold inquiry in the manner prescribed and shall report the result of the inquiry to the Council. Sub-section (2) of Section 21 provides that if the Council on receipt of such report finds that the member is not guilty of any professional or other misconduct it shall record such a finding accordingly and direct the proceeding to be filed or the complaint to be dismissed. Sub-section (3) of Section 17 of the Act lays down that upon receipt of the report of the Disciplinary Committee if the Council finds the member guilty of any professional or other misconduct, it shall record the finding accordingly and shall proceed in the manner laid down in the succeeding sub-sections. Sub-section (4) of Section 21 of the Act specifies that where the Council finds a member guilty of professional misconduct specified in First Schedule, the Council shall afford an opportunity of hearing to the Member before an order is passed against such member and the orders that may be passed shall be any one of the following :- [a] reprimand the member; [b] remove the name of the member from the Register for such period not exceeding five years, as the Council thinks fit. 13. 13. 3 it is further provided by way of Proviso thereunder that where the Council thinks it fit that the case is one in which the name of the member ought to be removed from the Register either permanently or for a period exceeding five years, no order under clause (a) or clause (b) referred above shall be made, but the case shall be forwarded with the recommendation of the Council to the High Court. Similarly under sub-clause (5) of Section 21 of the Act, where the Council finds a member guilty of misconduct other than misconduct as is referred to in sub-section (4), the Council shall forward the case to the High Court with the recommendation of the Council. ( 14 ) UPON receipt of a case either under Section 21 (4) or 21 (5) of the Act, the High Court, after calling upon the parties specified in sub-section (6) of Section 21 of the Act, may make any of the following orders, namely" (A) direct that the proceeding be filed, or dismiss the complaint, as the case may be; (B) reprimand the member; (C) remove him from membership of the Institute either permanently or for such period as the High Court thinks fit; (D) refer the case to the Council for further inquiry and report. "section 22 of the Act defines professional misconduct. However, as stated by the Apex Court in case of Council of the Institute of Chartered Accountants Vs. B. Mukherjea, AIR 1958 SC 72 . "the misconduct alleged on the part of a chartered accountant may not attract any of the provisions in the schedule and may not therefore be regarded as falling within the first part of S. 22; but as the definition given by S. 22 itself purports to be an inclusive definition and as the section itself in its latter portion specifically preserves the larger powers and jurisdiction conferred upon the Council to hold inquiries under the S. 21 sub-s. (1), it would not be right to hold that such disciplinary jurisdiction can be invoked only in respect of conduct falling specifically and expressly within the inclusive definition given by S. 22. Section 8,sub-ss. (v) and (vi) also support the argument that disciplinary jurisdiction can be exercised against chartered accountants even in respect of conduct which may not fall expressly within the inclusive definition contained in S. 22. Section 8,sub-ss. (v) and (vi) also support the argument that disciplinary jurisdiction can be exercised against chartered accountants even in respect of conduct which may not fall expressly within the inclusive definition contained in S. 22. Hence, if a member of the Institute is found, prima facie, guilty of conduct which , in the opinion of the Council, renders him unfit to be a member of the Institute, even though such conduct may not attract any of the provisions of the schedule, it would still be open to the Council to hold an inquiry against the member in respect of such conduct and a finding against him in such an inquiry would justify appropriate action being taken by the High Court. . . . " ( 15 ) SECTION 30 of the Act grants power to the Council to make regulations which shall be published by Notification in the Gazette of India, and Section 30b of the Act provides that every regulation made under the Act shall be laid before each House of Parliament. Thus, Chartered Accountants Regulations 1988 have been duly framed by virtue of the aforesaid power and have the force of a statute. ( 16 ) THE Chartered Accountants Regulations,1988 (the Regulations) provide for various procedural requirements in relation to Members, Examinations, Article Clerks and Audit Clerks, etc. Regulation 12 which falls in Chapter II (dealing with MEMBERS) pertains to complaints and enquiries relating to misconduct of members. Regulation 12 (1) provides that a complaint against a member under Section 21 of the Act shall be investigated and all other inquiries relating to the misconduct alleged shall be held by the Disciplinary Committee. Sub-regulations (2) and (3) provide for the modality and the form in which the complaint shall be made, while sub-regulation (4) provides for payment of the requisite fees accompanying the complaint. In case of failure to comply with the requirements of sub-regulations (2), (3) or (4) the Secretary is required to return the complaint as provided in sub-regulation (5 ). A copy of the complaint is required to be sent by the Secretary to the Member against whom such a complaint is made, ordinarily within a period of 60 days. In case of failure to comply with the requirements of sub-regulations (2), (3) or (4) the Secretary is required to return the complaint as provided in sub-regulation (5 ). A copy of the complaint is required to be sent by the Secretary to the Member against whom such a complaint is made, ordinarily within a period of 60 days. Sub-regulation (7) provides that written statement of defence shall be forwarded to the Secretary by the member against whom such complaint is made within a period of 14 days from the date of service of the copy of the complaint under sub-regulation (6 ). The written statement is then forwarded by the Secretary to the complainant and the complainant is entitled to forward in triplicate, his rejoinder to the written statement within a period of 14 days from the receipt of the written statement. On receipt of such rejoinder from the complainant a copy thereof is to be forwarded to the member and the member is entitled to offer his comments again within a period of 14 days from the date of service of the copy of the rejoinder. Thereafter, papers are placed before the President and upon consideration of the complaint, written statement, rejoinder and the comments thereon it will be open to the President to call for such additional particulars or documents from either of the parties, if it is considered to be expedient. Otherwise, or after receipt of such additional particulars or documents, the papers are placed before the Council, and where the Council is, prima facie of the opinion that the member is guilty of professional and/or other misconduct, the Council shall cause an inquiry to be made in the matter by the Disciplinary Committee. It is also open to the Council to arrive at a prima facie opinion that the member is not guilty of the misconduct alleged in the complaint and in such an eventuality the complaint shall be filed and both the parties be informed accordingly. It is pertinent to note that sub-regulation (12) provides for the mode of service of notice and the procedure to be adopted in case of notice being returned unserved. ( 17 ) REGULATION 15 deals with the Procedure in inquiry before the Disciplinary Committee. Sub-regulation (3) of Regulation 15 permits the member to exercise his right of defence himself or through a legal practitioner or any other member. ( 17 ) REGULATION 15 deals with the Procedure in inquiry before the Disciplinary Committee. Sub-regulation (3) of Regulation 15 permits the member to exercise his right of defence himself or through a legal practitioner or any other member. Sub-regulation (4) of Regulation 15 provides for the power to the Disciplinary Committee to regulate its procedure in such manner as it considers just and expedient. At the same time sub-regulation (5) of Regulation 15 stipulates that where during the course of an enquiry there occurs a change in the membership of the Disciplinary Committee for any reason whatsoever, any party to the enquiry may demand that the enquiry be held de-novo and upon such demand being made, the Disciplinary Committee may for sufficient cause and for reasons to be recorded in writing order that the enquiry shall be held de-novo. ( 18 ) REGULATION 16 provides for the Report of the Disciplinary Committee which is to be submitted to the Council. In a case where the Disciplinary Committee finds the delinquent member guilty of the misconduct alleged against him a copy of the report of the Disciplinary Committee shall be furnished to such member and he shall be given an opportunity of making representation in writing to the Council. The Council is empowered to order a further inquiry if it finds it necessary after taking into consideration the report of the Disciplinary Committee and the representation in writing of the delinquent member and upon such further inquiry by Disciplinary Committee a further report shall be submitted by the Disciplinary Committee. Thereupon, the Council after considering the report and the further report, if any, along with the representation in writing of the respondent record its finding. However, Proviso to sub-regulation (4) of Regulation 16 places embargo on the Council not to record a contrary finding to the report of the Disciplinary Committee in a case where disciplinary Committee does not find the delinquent member guilty of the misconduct with which he is charged. Finding of the Council has to be communicated to the complainant and the respondent. ( 19 ) REGULATION 17 provides for Procedure in a hearing before the Council. Finding of the Council has to be communicated to the complainant and the respondent. ( 19 ) REGULATION 17 provides for Procedure in a hearing before the Council. As per sub-regulation (1) of Regulation 17, if the Council, in light of its finding arrives at an opinion that an order under Section 21 (4) of the Act is required to be passed, the Council shall furnish to the delinquent member a copy of its findings and give him notice calling upon him to appear before the Council on specified date, or in the alternative, if no personal hearing is requested send within a specified time such representation in writing in connection with the order that may be passed against him under section 21 (4) of the Act. Sub-regulation (2) of Regulation 17 specifically provides for the scope of hearing or the written representation and lays down that the same shall be restricted to the order to be passed under Section 21 (4) of the Act. It will be open to the Council after hearing the delinquent member or after considering his representation to pass such orders as the Council thinks fit, and such order passed by the Council is required to be communicated to the complainant and the delinquent member. ( 20 ) A Chartered Accountant is statutorily required to undertake and carry out various functions as statutorily prescribed under the Companies Act, 1956. Part VI of the Companies Act deals with management and administration. Chapter I in the said part relates to general provisions and there are separate heads regarding accounts and audit. Section 226 (1) of the Companies Act specifically prescribes that a person shall not be qualified for appointment as auditor of a company unless he is a Chartered Accountant within the meaning of the Act. There are various other provisions which prescribe the powers and duties of the Auditors as well as the responsibilities. These provisions are indicative of the extent a Chartered Accountant is looked upon by the society, with special reference to the corporate world, as being competent to discharge various statutory duties and responsibilities as a qualified professional. .