Chartered Accountants Act, 2053 (1997)


Published: 1997

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chartered accountants act, 2053


Nepal Chartered Accountants Act, 2053 (1997)
Date of Authentication and Publication
2053.10.17(30 Jan.1997)
Amendments:
1. The Nepal Chartered Accountants (First
Amendment) Act, 2059 (2002) 2059.3.24 (8 July 2002)
2. Strengthening Republic and Some
Nepal Laws Amendment Act, 2066
(2010) 2066.10.7 (31 Jan. 2010)
Act No. 22 of the year 2053 (1997)
An Act Made To Establish and Provide for the Institute of Chartered
Accountants of Nepal
Preamble: Whereas, it is expedient to established an institute of accountants of
Nepal in order to enhance social recognition and faith in the accountancy by
raising public awareness towards the importance of the accountancy as well as
towards economic and social responsibility of the accountants to have economic
development of the country and to have development, pro ection and promotion of
the accountancy by making the accountants understand heir responsibility
towards the importance of the accountancy and the accounts;
Now, therefore, be it enacted by parliament in the Twenty Fifth year of the
reign of His Majesty the King Birendra Bir Bikram Shah Dev.
Chapter-1
Preliminary
1. Short Title and Commencement: (1) This Act may be called as the
"Nepal Chartered Accountants Act, 2053 (1997)".



(2) Sections 29 and 49 of this Act shall commence from such date as
Government of Nepal may by a Notification in the Nepal Gazette, appoint
and the other Sections shall commence immediately.
2. Definitions: In this Act, unless the subject or the contest otherwise
requires,-
(a) “Institute” means the Institute of Chartered Accountants of Nepal
established pursuant to Section 3.
(b) “Council” means the Council constituted pursuant to Section 7.
(c) “Chairperson” means the chairperson of the Council.
(d) “Vice-Chairperson” means the vice-chairperson of the Council.
(e) “Councilor” means a member of the Council and this expression also
includes the chairperson and the vice-chairperson.
(f) “Secretary” means the secretary appointed pursuant to Section 38.
(g) “Member” means a person who has obtained membership of the
Institute by getting his or her name registered in the Institute
pursuant to this Act.
(h) “Chartered accountant” means a person who has obtained the
membership of the Institute pursuant to Sub-section (2) of Section
16.
(h1) “Fellow Chartered Accountant (F.C.A.)” means a member who has
obtained the membership of the Institute pursuant to Section 17.
(i) “Registered Auditor” means a person having obtained the certificate
of auditor under the Auditors Act, 2031 (1975).
Amended by the Nepal Chartered Accountants (First Amendment) Act, 2059 (2003). Inserted by the Nepal Chartered Accountants (First Amendment) Act, 2059 (2003).



(j) “Professional Certificate” means the certificate issued under Section
28 to practice accountancy in a professional manner.
(j1) “Auditing” means auditing to be carried out in accordance with the
laws in force, after having obtained the professional certificate.
(j2) “Foreign Accountancy Practitioner Institute” means a chartered
accountants institute of national level or accountancy practitioner
institute equivalent thereto which is authorized to regulate public
accountancy in a foreign country.
(j3) “Accounting Standards Board” means the accounting board formed
pursuant to Section 15A.
(j4) “Standards on Auditing Board” means the standards on auditing
board formed pursuant to Section 15D.
(j5) “Accounting Standards” means those accounting standards and
guidelines and interpretations pertaining thereto as provided or
recommended by the Accounting Standards Board in order to
systematize and regulate the accountancy and financial reports.
(j6) “Standards on Auditing” means those standards on auditing and
guidelines and interpretations pertaining thereto as provided or
recommended by the Standards on Auditing Board in order to
systematize and regulate the accountancy and auditing.
(k) “Prescribed” or “as prescribed” means prescribed or as prescribed in the
Rules or Bye-laws framed under this Act.
Amended by the Nepal Chartered Accountants (First Amendment) Act, 2059 (2003). Inserted by the Nepal Chartered Accountants (First Amendment) Act, 2059 (2003).



Chapter-2
Establishment and Provision of the Institute
3. Establishment of Institute: (1) An institute by the name of the Institute of
Chartered Accountants of Nepal is, hereby, established for the development
of the accountancy.
(2) The Institute may be called as “the Institute of Chartered
Accountants of Nepal” in the English language.
(3) The Head Office of the Institute shall be located in Kathmandu
Valley, and the Institute may, as per necessity, set up its training centre,
branch and sub-branch office in any place within Nepal.
4. Institute to be autonomous body: (1) The Institute shall be an
autonomous and body corporate with perpetual succession.
(2) The Institute shall have a separate seal of its own for its business
and acts.
(3) The Institute may, like an individual, acquire, own, sell, dispose
of, or otherwise deal with, any movable and immovable property.
(4) The Institute may, like an individual, sue and also be sued by its
own name.
5. Objectives of Institute: The objectives of the Institute shall be as follows:
(a) To play the role of a regulatory body to encourage the members to
carry on accountancy within the scope of the code of conduct in
order to consolidate and carry on developing the accountancy for the
economic development of the nation.
(b) To enhance social recognition and faith in the accountancy by
raising awareness of the general public towards the importance of



accountancy and the economic and social responsibility of …... the
accountants.
(c) To develop, protect and promote the accountancy by making …...the accountants understand their responsibility towards the
importance of the accountancy and accounts.
(d) To develop the registration, qualifications of the accountants and the
examination system in consonance with international norms and
practice so as to make the accountancy respectable and reliable.
6. No one else allowed to use name, emblem and power of Institute: Upon
the establishment of the Institute pursuant to this Act, no person shall be
allowed to use the name or emblem resembling the name of the Institute or
to provide the certificate of any type to be granted by the Institute to any
one or to give directions of any type to any one on behalf of the Institute as
well as to exercise any of such powers as may be exercisable by the
Institute.
Chapter-3
Constitution and Functions, Duties and Powers of Council
7. Constitution of Council: (1) A Council shall be constituted for carrying
out, or causing to be carried out, the programmes ncessary for the
attainment of the objectives of the Institute in a well planned manner and
for monitoring and managing all the acts and actions f the Institute.
(2) Except as otherwise provided elsewhere in this Act, the Council
shall exercise all the powers and perform all the duties conferred on and
assigned to the Institute, subject to this Act and the Rules and Bye-laws
framed under this Act.
(3) The Council shall consist of the following councilors:
Deleted by the Nepal Chartered Accountants (First Amendment) Act, 2059 (2003).



(a) Ten persons elected by the chartered
accountant members from amongst
themselves


-Member
(b) Four persons elected by the registered
auditors from amongst themselves

-Member
(c) Three persons nominated by Government of
Nepal upon the recommendation of the
Auditor General, from amongst the persons
having experience on accountancy


-Member
(4) The councilors shall elect the chairperson and the vice-
chairperson from the first class chartered accountants out of the councilors
referred to in Clause (a) of Sub-section (3).
(5) The term of office of the chairperson and the vice- chairperson
shall be One year; and upon the expiry of their term of office, they may be
elected for One more term.
(6) The term of office of the councilors shall be Three years; and
upon the expiry of their term of office, they may be re-elected or re-
nominated.
(7) The procedures relating to the election of counilors shall be as
prescribed.
(8) The functions, duties and powers of the chairperson and the vice-
chairperson shall be as prescribed.
8. Circumstance where councilor ceases to hold office: (1) A councilor
shall cease to hold his or her office in any of the following circumstances:
Amended by the Nepal Chartered Accountants (First Amendment) Act, 2059 (2003).



(a) If the councilor ceases to be a member of the Institute,
Provided that, this provision shall not be
applicable to the nominated councilor;
(b) If resignation tendered by the councilor from his or her
office is accepted by the Council;
(c) If the councilor absents himself or herself from three
consecutive meetings of the Council without giving a
notice with reason to the Council;
(d) If the term of office of the councilor expires;
(e) If it is proved that the councilor has not abided by the
conduct referred to in Section 34;
(f) If the councilor dies.
(3) While tendering resignation pursuant to Clause (b) of Sub-
section (1), the chairperson shall tender it to the vic -chairperson and the
other councilors, to the chairperson.
9. Vacancy and fulfillment: (1) Where the remaining term of office of any
councilor elected pursuant to Clause (a) or (b) of Sub-section (3) of Section
7, whose office has become vacant due to his or her death or resignation or
being disqualified to be a member of the Institute pursuant to the provisions
of this Act, is less than One year, the Council shall designate as the
councilor any member of the Institute as referred to in the said respective
Clauses of Sub-section (3) of the said Section, and where such term is more
than One year, the vacancy shall be filled by way of election.
(2) Any office falling vacant owing to the death of any councilor or
resignation tendered by a councilor nominated pursuant to Clause (c) of
Sub-section (3) of Section 7 shall be fulfilled by nominating a person as the
councilor by following the procedures set forth in the said Clause, for the
remaining term of office of such a councilor.



9. Meeting and decision of Council: (1) The Executive Director shall
convene the meeting of the Council on such date and at such time and place
as may be appointed by the chairperson.
(2) The Council shall generally meet Six times a year, and the
interval between the Two consecutive meetings shall not be more than
Three months.
(3) The chairperson shall chair the meeting of the Council, and in his
or her absence, the vice-chairperson and in the absnce of both the
chairperson and the vice-chairperson; a councilor selected by the councilors
from amongst themselves shall chair the meeting of the Council.
(4) If Twenty Five percent councilors of the total number of
councilors make an application in writing to the chairperson that it is
necessary to convene a meeting of the Council, the chairperson shall direct
the Executive Director to convene a meeting of the Council within Fifteen
days of such application.
(5) The presence of Fifty percent councilors of the total number of
councilors shall be deemed to constitute a quorum for a meeting of the
Council.
(6)The majority of opinion at a meeting of the Council shall be
deemed to be a decision of the Council, and in the case of a tie, the person
chairing the meeting shall exercise the casting vote.
(7) The decisions of the Council shall be authenticated by the
Executive Director.
(8) The Council may, if it deems so necessary, invite any officer of
Government of Nepal, any national or foreign expert, advisor or highly
reputed person related with the accountancy to attend a meeting of the
Council as an observer.



(9) Other Rules of procedures relating to the meeting of the Council
shall be as determined by the Council itself.
11. Functions, duties and powers of Council: ....... The functions, duties and
powers of the Council shall be as follows:
(a) To conduct examinations of candidates who join the accountancy. (b) To determine the procedures in relation to the membership of
the Institute and registration of name as a member having
obtained professional certificate.
(c) To provide a person who holds the required qualific tion with
an appropriate type of membership of the Council pursuant to
Section 16.
(d) To make coordinative development of the accountancy by
having maximum utilization of the available means and
resources.
(e) To determine the qualification required for efficient human
resources for the development of the accountancy.
(f) To determine the type of curriculum and practical training
required to pursue the qualification necessary for obtaining
the membership.
(g) To carry out different teaching and training programmes in
cooperation with any university or other educational i stitute
by the Institute itself. (h) To grant the professional certificate to the memb rs for
carrying on the accountancy.
(i) To enhance the capacity of members by providing them with
career development opportunities.
Deleted by the Nepal Chartered Accountants (First Amendment) Act, 2059 (2003). Amended by the Nepal Chartered Accountants (First Amendment) Act, 2059 (2003).



(j) To monitor as to whether or not the members or members
having obtained the professional certificate have acted in
conformity with the professional code of conduct prescribed
for the members or members having obtained the professional
certificate. (k) In accordance with the recommendation of the disciplinary
committee, to take necessary action against any members and
members having obtained the professional certificate for their
acts and actions in contravention of the professional code of
conduct.
(l) To give theoretical or practical directions and guidelines in
various aspects of the accountancy and auditing and c rry out
other functions as may be necessary for the professi nal
development. (m) To observe, or cause to be observed, accounting s andards
and standards on auditing provided or recommended by the
Accounting Standards Board and Standards on Auditing
Board, and to regulate whether such standards have been
observed or not.
(n) To safeguard and promote the rights, interests and reputation
of the members.
(o) To render advice and suggestion to Government of Nepal for
the improvement of the various laws in force in thefields
related with industry, commerce, finance, revenue and
accountancy.
Amended by the Nepal Chartered Accountants (First Amendment) Act, 2059 (2003).



(p) To accept membership of the International Federation of
Accountants, and regional and sub-regional federations, and
establish contact with the accountants institutes of other
countries.
(q) To recommend appropriate educational standards for
accounting education in coordination with universities and
other educational institutes.
(r) To conduct necessary trainings, symposia and seminars in
order to enhance professional efficiency of the regist red
auditors.
(s) To conduct short term or long term trainings, symposia etc.
for the benefit of accountancy human resources in service.
(t) To publish materials relating to the accountancy.
(u) To operate a library relating to the accountancy.
(v) To determine the procedures to be followed by the
committees to be formed by the Council.
(w) To approve the budget of the Institute and manage the funds.
(x) To appoint such employees as may be required for the
Institute and prescribe their remuneration and other facilities. (x1) To provide for on-going professional education f r members. (x2) To develop educational system in order to prepa account
technicians and do necessary acts pertaining thereto.
(y) To carry out such other functions as are prescribed by this Act
or the Rules and Bye-laws framed under this Act.
(z) To carry out such other functions as may be necessary for the
attainment of the objectives of this Act.
Inserted by the Nepal Chartered Accountants (First Amendment) Act, 2059 (2003).



12. Act and action not to be invalid: In cases where any act and action has
been done in pursuance of a decision of the Council when the seat of any
councilor is vacant or a person who has not possessed uch qualification as
required to become a councilor has been elected or nominated as the
councilor, such act and action already done shall not be invalid by that only
reason.
13. Committees of Council: (1) The Council may form the following
permanent committees which shall be responsible to it:
(a) Disciplinary committee;
(b) Examination committee;
(c) Executive committee;
(d) Professional guidance committee.
(2) The Council may, as per necessity, form other committees for the
attainment of the objectives of the Institute.
(3) The functions, duties and powers of the committees formed
pursuant to this Section shall be as prescribed. (4) In forming a committee under Sub-section (1), the committee
shall not be so formed that the members of one committee, save the
chairperson and the vice-chairperson, are also included in another
committee.
14. Disciplinary committee: (1) There shall be a disciplinary committee as
follows to inquire into a complaint and recommend the Council for
necessary action in cases where any one lodges a complaint in the Institute
that any member has done any act or action contrary o this Act or the
Rules or code of conduct framed under this Act, or where the Institute
receives such information:
Amended by the Nepal Chartered Accountants (First Amendment) Act, 2059(2003).



(a) A fellow chartered accountant designated by the
Council from amongst the councilors referred to in
Clause (a) of Sub-section (3) of Section 7


-Chairperson
(b) Three persons nominated by the Council from
amongst the councilors

-Member
(c) Two persons nominated by the Council from
amongst the members

-Member
(d) One person nominated by the Auditor General -Memb r
(2) Notwithstanding anything contained in Sub-section (1), the
chairperson or any member of the disciplinary committee shall not be
entitled to take part and cast vote at a meeting which is to be held to inquire
into a complaint made that the chairperson or the member has done any act
and action contrary to this Act or the Rules, bye-laws or codes of conduct
framed under this Act and to make recommendation to the Council for
necessary action.
(3) The procedures relating to the meeting of disciplinary committee
and the term of office of the chairperson and members of the disciplinary
committee shall be as prescribed.
(4) The disciplinary committee shall have the same powers as are
vested in the court in respect of issuing an order to the concerned person,
receiving evidence and examining witnesses. (5) The disciplinary committee shall make recommendation, along
with its opinion and finding, to the Council for taking necessary action
against a member found guilty from its investigation; and the Council may,
Amended by the Nepal Chartered Accountants (First Amendment) Act, 2059(2003).



in view of such recommendation, impose any of the following penalties on
the concerned member, according to the gravity of the offence:
(a) Reprimanding;
(b) Removing from the membership for a period not
exceeding Five years;
(c) Prohibiting from carrying on the accountancy for any
specific period; (d) Canceling the professional certificate or membership.
(6) Where the disciplinary committee, upon investigating the matter
that any councilor has done any act or action contrary to this Act or Rules,
bye-laws or code of conduct framed under this Act, has made
recommendation, along with its opinion and findings, to the Council for
instituting necessary action against the councilor, such councilor shall not
be entitled to take part and cast vote at the meeting of the Council while
taking decision by the Council on such recommendation. (7) Before imposing penalty as referred to in Sub-section (5), the
Council shall provide a reasonable opportunity to the concerned member to
defend himself/herself. (8) The concerned member may, if he or she is not satisfied with
the decision referred to in Sub-section (5), make an appeal to the Court of
Nepal.
15. Executive committee: (1) There shall be formed an executive committee
comprising of the following members in order to carry out the day-to-day
business of the Institute, under the direction of the Council:
(a) Chairperson -Chairperson
(b) Vice-chairperson -Vice-chairperson
Amended by the Nepal Chartered Accountants (First Amendment) Act, 2059 (2003).



(c) Two persons nominated by
the Council from amongst
the councilors -Member
(d) Executive Director -Member-secretary
(2) The functions, duties and powers of the executive committee and
the procedures of its meetings shall be as prescribed.
Chapter-3A
Accounting Standards Board
15A. Formation of Accounting Standards Board: (1)s Government of Nepal
shall form an Accounting Standards Board in order to systematize and
regulate the accountancy and financial reports.
(2) The Accounting Standards Board shall consist of the following
members:
(a) One person nominated by Government
of Nepal from amongst the fellow
chartered accountants -Chairperson
(b) Representative, Ministry of Finance -Member
(c) Representative, Office of Auditor
General -Member
(d) Representative, Office of Financial
Comptroller General -Member
(e) Registrar, Office of Company
Registrar -Member
Inserted by the Nepal Chartered Accountants (First Amendment) Act, 2059 (2003).



(f) Director General, Department of Tax -Member
(g) Chairperson, Securities Board -Member
(h) Five persons nominated by
Government of Nepal from amongst
the chartered accountants, upon the
recommendation of the Council


-Member
(i) One person nominated by Government
of Nepal from amongst the registered
auditors, upon the recommendation of
the Council -Member
(3) The Accounting Standards Board may, if it deems so necessary,
invite any concerned expert to attend its meeting as an observer.
(4) The term of office of the members mentioned in Clauses (a), (h)
and (i) of Sub-section (2) shall be Three years, and they may, on the expiry
of their term, be re-appointed or nominated.
(5) The Rules of procedures relating to the meeting of the
Accounting Standards Board shall be as determined by the Board itself.
(6) The secretariat of the Accounting Standards Board shall be
situated in the Head Office of the Institute.
15B. Functions, duties and powers of Accounting Standards Board: The
functions, duties and powers of the Accounting Standards Board shall be as
follows:
(a) To provide for accounting standards, also based on international
accounting standards, in order to systematize and regulate the
accountancy and financial reports;



(b) To prepare appropriate modalities in order to develop accounting
standards and publish materials relating to accounting standards;
(c) To amend, improve and revise accounting standards;
(d) To interpret accounting standards;
(e) To perform other acts relating to accounting standards.
15C. Circumstance where member ceases to hold office: (1) A member of the
Accounting Standards Board shall cease to hold his or her office in any of
the following circumstances:
(a) If the member tenders resignation;
(b) If the member absents himself or herself from three
consecutive meetings of the Accounting Standards Board
without giving a notice;
(c) If the member is convicted by a court of a criminal offence
involving moral turpitude and punished for such offence;
(d) If the member becomes insane;
(e) If the member dies;
(f) If, in the case of a member of the Institute, the name of the
member is removed from the membership register pursuant to
Section 22.
Chapter-3B
Standards on Auditing Board
15D. Formation of Standards on Auditing Board: (1) Government of Nepal
shall form a Standard on Auditing Board in order to systematize and
regulate the accountancy and auditing.
(2) The Standards on Auditing Board shall consist of the following
members:
(a) One person nominated by Government
of Nepal from amongst the fellow -Chairperson



chartered accountants
(b) Representative, Ministry of Finance -Member
(c) Representative, Office of Auditor
General -Member
(d) Three persons nominated by
Government of Nepal from amongst the
chartered accountants, upon the
recommendation of the Council


-Member
(e) One person nominated by Government
of Nepal from amongst the registered
auditors, upon the recommendation of
the Council

-Member
(3) The Standards on Auditing Board may, if it deems so necessary,
invite any concerned expert to attend its meeting as an observer.
(4) The term of office of the members mentioned in Clauses (a), (d)
and (e) of Sub-section (2) shall be Three years, and they may, on the expiry
of their term, be re-appointed or nominated.
(5) The Rules of procedures relating to the meeting of the Standards
on Auditing Board shall be as determined by the Board itself.
(6) The secretariat of the Standards on Auditing Board shall be
situated in the Head Office of the Institute.
15E. Functions, duties and powers of Standards on Auditing Board: The
functions, duties and powers of the Standards on Auditing Board shall be as
follows:



(a) To provide for standards on auditing, also based on international
standards on auditing, in order to systematize and regulate the
accountancy and financial reports;
(b) To prepare appropriate modalities in order to develop standards on
auditing and publish materials relating to standards on auditing;
(c) To amend, improve and revise standards on auditing;
(d) To interpret standards on auditing;
(e) To perform other acts relating to standards on auditing.
15F. Circumstance where member ceases to hold office: (1) A member of the
Standards on Auditing Board shall cease to hold his or her office in any of
the following circumstances:
(a) If the member tenders resignation;
(b) If the member absents himself or herself from three consecutive
meetings of the Standards on Auditing Board without giving a
notice;
(c) If the member is convicted by a court of a criminal offence involving
moral turpitude and punished for such offence;
(d) If the member becomes insane;
(e) If the member dies;
(f) If, in the case of a member of the Institute, the name of the member
is removed from the membership register pursuant to Section 22.
Chapter-4
Membership of Institute 16. Membership of Institute: (1) The membership of the Institute shall be
divided into the following classes:
(a) Chartered accountant; and
(b) Registered auditors.
Amended by the Nepal Chartered Accountants (First Amendment) Act, 2059(2003).



(2) The membership of chartered accountant shall, subject to Section
18, be given to a person having possessed the following qualification:
(a) One who has a certificate of registered auditor of class
‘A’ pursuant to the Auditors Act, 2031 (1975) or a
certificate of registered auditor of class ‘B” based on
the ground of having passed the chartered accountancy
examination, at the time of the commencement of this
Act.
(b) One who has passed the chartered accountancy
examination or equivalent thereof from the Institute or
any foreign other institute of chartered accountants
recognized by the Institute and obtained a professional
training relating to the accountancy.
(3) The membership of registered auditor shall, subject to Section
16, be granted to a person who has obtained the certificate of auditor of
class ‘B’, ‘C’, or ‘D’ pursuant to the Auditors Act, 2031 (1975) at the time
of the commencement of this Act. 17. Fellow chartered accountant (FCA): The membership of fellow chartered
accountant may be granted to the following members in uch manner as
prescribed:
(a) Those who have obtained the certificate of regist red auditor of class
‘A’ pursuant to the Auditors Act, 2031 (1975), at the time of the
commencement of this Act;
(b) The chartered accountant members who have been engaged in the
accountancy for at least Five years.
Amended by the Nepal Chartered Accountants (First Amendment) Act, 2059 (2003).



18. Disqualification for membership registration: The following person
shall not be deemed to be qualified to be enrolled as a member of the
Institute:
(a) One who has not the qualification referred to in Sub-sections (2) and
(3) of Section 16;
(b) One who has not attained the age of Twenty One years;
(c) …………….
(d) One who has become insolvent being unable to repay loan to
creditors;
(e) One who has been convicted by the court of a criminal offence
involving moral turpitude;
(f) One who is of unsound mind.
19. Name to be registered: (1) A person who intends to become a member of
the Institute and has possessed the qualification referred to in this Act shall
submit an application setting out the details as prescribed to the Institute in
the format as prescribed.
(2) The fees as prescribed shall be paid to have the name registered
for the purpose of obtaining membership of the Institute pursuant to Sub-
section (1). (3) Where a person having possessed the qualification to obtain the
membership pursuant to Sub-section (3) of Section 16 desires to have his or
her name registered in the membership of the Institute, he or she shall
submit an application to the Institute no later than Six months after the date
of the commencement of Sections 29 and 49 of this Act, by Government of
Nepal upon notification in the Nepal Gazette. A person who fails to submit
Deleted by the Nepal Chartered Accountants (First Amendment) Act, 2059 (2003). Amended by the Nepal Chartered Accountants (First Amendment) Act, 2059(2003).



an application for the membership within that period shall not be entitled to
obtain the membership as referred to in this Act.
20. Certificate of membership registration: (1) If a person making
application under Sub-section (1) of Section 19 is found to be eligible to be
enrolled as a member of the Institute, the Council shall register the name of
such person in the membership of the Institute and grant the certificate of
membership registration with setting out the class of member, in the format
as prescribed.
(2) The Institute shall maintain separate membership registration
book as prescribed as per the class of membership.
(3) Other provisions relating to the registration of membership of the
Institute shall be as prescribed.
21. To notify in the event of ceasing to carry on profession or changing
address: Where a member ceases to practice his or her professi n or
change his or her address, he or she shall notify the Institute thereof within
Thirty-five days from the date on which he or she ceases to practice the
profession or changes the address.
22. Provision on removal and re-registration of name: (1) The Council may
issue an order to remove the name of any member from the membership
register, in any of the following circumstances:
(a) If the member is convicted by a court of a criminal
offence involving moral turpitude and punished for
such offence;
(b) If the member fails to pay the fees required to be paid
to the Institute;
(c) If the member fails to abide by the professional
conduct referred to in this Act and the Rules framed
under this Act;



(d) If the member becomes insane; or
(e) If the member dies.
(2) If a person whose name has been removed from mebership
pursuant to Sub-section (1) makes an application, accompanied by a
reasonable ground, to again obtain membership, the Council may decide to
grant membership, by re-registering his or her name, upon receipt of the
fees as prescribed.
23. Certificate to be cancelled: Where an information is received that the
name of any person has happened to be registered in the membership of the
Institute by fraud or mistake and such matter is found to be true upon
holding an inquiry into the matter, the Council may cancel the membership
registration certificate of such person, and also the accountancy certificate,
if any, granted to such person; and a notice thereof shall be published in a
newspaper.
Chapter-5
Provisions Relating to Examination
24. To provide for curricula and course-books: (1) The Council may
determine such educational standards, curricula andcourse-books as
required to become an accountancy practitioner or accountancy technician
and hold examinations.
(2) If, in providing for the examinations as referred to in Sub-section
(1), the Council considers necessary, it may also seek advice and assistance
of any university in Nepal and accountancy institute or organization in any
other country or any expert.
(3) The Council may itself or with the assistance of any native or
foreign university or other institute hold the examinations as referred to in
Sub-section (1).
Inserted by the Nepal Chartered Accountants (First Amendment) Act, 2059(2003).



(4) The qualification required to attend an examination relating to
accountancy practitioner or accountancy technician shall be as prescribed.
(5) The other provisions relating to the holding of examinations shall
be as prescribed.
(6) The provisions relating to teaching and study to be conducted by
the Institute pursuant to this Chapter shall be as pre cribed.
25. To issue certificate: The Council shall give certificate, as prescribed, to the
person who has passed the examination given pursuant to this Chapter.
Chapter-6
Recognition of Educational Qualification
26. Council to give recognition: (1) A person who has passed the chartered
accountancy or examination equivalent thereto and tken training from any
foreign accountancy practitioner institute shall make an application, as
prescribed, to the Institute for the recognition of such examination and
training; and if an application is so made for recognition, the Council shall
make decision to or not to recognize such examinatio and training. (2) If the Council holds that any term has to be fulfilled by the
applicant prior to recognizing the examination and training referred to in
Sub-section (1), such term shall also be specified.
(3) If any term to be fulfilled is so specified under Sub-section (2),
an application may be made for the membership of the Institute under this
Act only after the fulfillment of such term. 27. Recognition to foreign accountancy practitioner institute: (1) The
Council may, with the prior approval of Government of Nepal, recognize
any foreign accountancy practitioner institutes and the examinations and
trainings held and provided by such institutes.

Amended by the Nepal Chartered Accountants (First Amendment) Act, 2059 (2003).



(2) The Council shall maintain a list of institutes recognized
pursuant to Sub-section (1); and it shall not be necessary to fulfill the
procedures set forth in Section 26 in relation to any examinations held and
trainings provided by such institutes.
Chapter-7 Professional Certificate
28. Professional certificate: (1) A member who intends to provide auditing
service shall make an application in the format as prescribed to the Institute
to obtain the professional certificate.
(2) After the member making application pursuant to Sub-section (1)
has fulfilled the terms as prescribed, the Council shall grant the profession
certificate in the format as prescribed to such memb r.
(3) The Council may determine the terms for the memb rs who have
obtained the professional certificate and require th m to observe such
terms, and make and enforce the code of conduct for such members. 28A. Registration of accountancy practitioner institute: (1) If a member who
has obtained the professional certificate intends to operate auditing service
by the name of an accountancy practitioner institute, the member shall
make an application in the format as prescribed to the Institute for the
registration of such institute.
(2) The procedures relating to the registration of the accountancy
practitioner institute shall be as prescribed.
(3)After the procedures referred to in Sub-section (2) have been
fulfilled, the Council shall grant the certificate of registration of
accountancy practitioner institute in the format as prescribed.
Amended by the Nepal Chartered Accountants (First Amendment) Act, 2059 (2003).
Inserted by the Nepal Chartered Accountants (First Amendment) Act, 2059 (2003).



29. Prohibition on providing auditing service: No person shall be entitled to
provide the auditing service without obtaining the professional certificate.
Provided that, this Section shall not be deemed to prevent the
making of separate provisions and, carrying out regulation, by Government
of Nepal in relation to auditing, other than the auditing of any company or
professional organization established under the Companies Act. 30. Special provision relating to registered auditor: Notwithstanding
anything contained elsewhere in this Act, the Council shall, subject to this
Act and the Rules and Bye-laws framed under this Act, classify, as
prescribed, the registered auditors existing at the time of the
commencement of this Section and grant the professional certificate to
them to provide the auditing service pursuant to this Act.
Provided that, such registered auditors shall not be deprived of such
facilities as they have been obtaining under the Auditors Act, 2031 (1975). 30A. Ceiling of auditing: The ceiling of auditing which the members who have
been classified under Section 30 and have obtained th professional
certificate can carry out shall be as prescribed by the Council, with the
approval of Government of Nepal. 30B. Upgrading of class of professional certificate: The Council may, in
pursuance of the procedures as prescribed, upgrade the class of the
professional certificate by a registered auditor pursuant to Section 30.
31. Matters to be set out in report: A member having obtained the
professional certificate shall set out the matters as prescribed in the report
of audit carried out by him or her.
Amended by the Nepal Chartered Accountants (First Amendment) Act, 2059 (2003).
Inserted by the Nepal Chartered Accountants (First Amendment) Act, 2059 (2003).



32. Publication of name-list: The Institute shall, no later than Three months
after the expiry of each financial year, publish a name-list of members and
accountancy practitioners. 33. Fees to be paid: The members, members having obtained the professional
certificate and accountancy practitioner institutes r gistered pursuant to
Section 28A, shall pay the fees as prescribed to the Institute.
Chapter-8
Conduct
34. Conduct to be observed: (1) The member and member having obtained
professional certificate shall fully observe this Act or the Rules framed
under this Act.
(2) No member shall carry out auditing in collaboration by way of
partnership or otherwise with any person who has not obtained the
accountancy practitioner certificate of his or her class.
(3) No member shall make any kind of partnership in the audit fees
or remuneration received or earned by, or sharing in the profits made by,
that member with any person other than a person who has obtained member
of the Institute nor shall he or she give commission, brokerage etc. from the
professional fees which he or she has received or earned to any person
including a person who has obtained membership.
(4) No member shall, showing fear, terror, swank or influence,
whether directly or indirectly, any person in order to get the business of
accountancy practice.
(5) No member shall supply or disclose any information and
explanation which he or she has got in the course of his or her business to
any person other than the person who employs him or her and the person to
Amended by the Nepal Chartered Accountants (First Amendment) Act, 2059 (2003).



whom he or she is compelled by the laws in force to supply or disclose such
information and explanation.
(6) No member having obtained the professional certificate shall
certify any financial returns or make any kind of report without making
examination and verification by himself or herself or his or her partner or
employee.
(7) While making any kind of report or certifying any financial
returns of an organization in which he or she or his or her partner has
interest, a member having obtained the professional certificate shall also
clearly set down that he or she or his or her partner has such interest.
Provided that, where such member is merely a sharehold r of a
company, he or she shall not be deemed to have an interest.
(8) A member having obtained the professional certifica e shall
clearly show any material details known to him or he in order to actually
reflect any financial statements certified by him or her or shall also clearly
mention the false details or explanations, if any, i herent in the financial
statements certified by him or her, to the best of his or her information.
(9) A member having obtained the professional certifica e shall
carefully perform the duties required to be performed in the course of
practicing his or her profession and shall draw attention of all the concerned
towards any material things which are not or have not been done in
consonance with the laws in force and the recognized principles on
auditing.
(10) No member having obtained the professional certificate shall
base the remuneration to which he or she is entitled for his or her work on a
percentage of profits or on any other uncertain result.



(11) No member shall knowingly or recklessly mentio any false
matter in any notice, explanation or statement requi d to be given to any
office or department of Government of Nepal or any organization.
(12) No member shall carry out auditing of an organiz tion for
which he or she has served, prior to the expiry of at least three years of his
or her retirement from the service of that organization.
(13) No member having obtained the professional certificate shall
accept his or her appointment as an auditor of any organization without
ascertaining that the procedures required by the laws in force for
appointment as an auditor have been fulfilled.
(14) A member shall obtain ample related information prior to
expressing his or her opinion about auditing.
(15) Other matters relating to conduct to be observed by the member
and the member having obtained the professional certifi ate shall be as
prescribed.
35. Complaint to be made: (1) Where a member having obtained the
professional certificate does not observe the conduct set forth in this Act or
the Rules framed under this Act or such member violates this Act or the
Rules framed under this Act, the concerned person may ake a complaint
to the Institute against such member.
(2) Where there is found a fact to believe that a member having
obtained the professional certificate has not observed the conduct required
to be observed, the secretary shall submit a motion, accompanied by the
available fact, to the Council for taking action against such member.
Chapter-9
Fund
36. Fund of Institute: (1) The Institute shall have a separate fund of its own;
and the fund shall consist of the following amounts:



(a) Grants received from Government of Nepal;
(b) Amounts received from any international or foreign
organizations or institutions;
Provided that, prior approval of Government of
Nepal shall be obtained prior to obtaining such
amounts.
(c) Amounts received while registering the names of
members of the Institute or issuing the professional
certificate;
(d) Amounts earned from the movable and immovable
properties of the Institute;
(e) Amounts received by the Institute from any other
sources.
(2) All amounts to be received by the Institute shall be credited to an
account to be opened with any commercial bank within Nepal.
(3) All expenditures to be incurred by the Institute shall be
chargeable on the fund as referred to in Sub-section (1).
Provided that, any amount received by the Institute for any specific
purpose shall be spent for that purpose only.
(4) The secretary shall make expenses chargeable on the fund
subject to the control and supervision of the Council.
(5) The account of the Institute shall be operated s prescribed by the
Council.



37. Accounts and audit of fund of Institute: (1) The accounts of the incomes
and expenditures of the Institute shall be maintained in the format as
prescribed by the Council.
(2) The accounts of the Institute shall be audited by a member
having obtained the professional certificate.
(3) Government of Nepal may, if it so wishes, inspect, or cause to be
inspected, any documents relating to the accounts of he Institute at any
time.
Chapter-10
Provisions Relating to Employees
38. Secretary: (1) The Council shall appoint any person who has experience in
accountancy to the post of secretary in order to carry out administrative
activities of the Institute.
(2) The term of office of the secretary shall be Four years, and the
Council may, if it so wishes, re-appoint him or her.
(3) The Council may designate any officer employee of the Institute
to perform the functions of the secretary during the absence of the latter.
39. Functions, duties and powers of secretary: (1) The functions, duties and
powers of the secretary shall be as follows:
(a) To be responsible to the Council and act as the chief of
the Institute;
(b) To perform the day-to-day administrative busines of
the Institute;
Amended by the Nepal Chartered Accountants (First Amendment) Act, 2059(2003).



(c) To prepare the annual budget of the Institute and
submit it to the Council;
(d) To maintain, or cause to be maintained, the accounts of
the Institute;
(e) To take custody of, and update, or cause to be updated,
the register of members and members having obtained
the professional certificate.
(2) The secretary shall act under supervision and control of the
Council.
(3) The functions, duties and powers, other than those set forth in
this Act, shall be as prescribed.
40. Other employees of Institute: (1) The Council shall appoint the
employees required for the Institute, who shall be under direct supervision
and control of the Director General.
(2) The remuneration, terms and conditions of servic and facilities
of the employees of the Institute shall be as prescribed.
Chapter-11
Punishment 41. Punishment: (1) A person who carries out auditing without obtaining the
professional certificate pursuant to this Act shall be punished with a fine
not exceeding Two Thousand Rupees or with imprisonment for a term not
exceeding Three months or with both.
(2) Any person who uses the name, emblem of the Institute or any
kind of power exercisable by the Institute in violation of Section 6 shall be
punished with a fine not exceeding One Thousand Rupees for the first
Amended by the Nepal Chartered Accountants (First Amendment) Act, 2059(2003).



instance; and where such person is held to have committed such act even
thereafter, such person shall be punished with a fine not exceeding Five
Thousand Rupees or with imprisonment for a term not exceeding Six
months or with both, for each instance.
Provided that, this Sub-section shall not apply to any statutory body
corporate or university or organizations associated with such body.
(3) Where any person who has not obtained the professional
certificate is proved to have signed any document in capacity of a member
having obtained the professional certificate shall be punished with a fine
not exceeding Two Thousand Rupees or with imprisonment for a term not
exceeding Three months or with both.
(4) A member who does any act in violation of this Act or the Rules
framed under this Act, except any act set forth in this Section, shall be
suspended for a period not exceeding Five years and be punished with a
fine not exceeding Two Thousand Rupees or with imprisonment for a term
not exceeding Three months or with both.
(5) Where it is held that any person has, without any reasonable
cause to make a complaint, made a complaint against y member with
intent to harass such member, such person shall be punished with a fine not
exceeding One Thousand Rupees.
(6) Where such complaints are made to the Council against a y
member pursuant to Section 35, the cases other than those to be dealt with
under Section 14 shall be instituted in the concerned Court of Appeal.
Chapter-12
Miscellaneous
42. Formation of ad hoc council: (1) Notwithstanding anything contained
elsewhere in this Act, pending the formation of theCouncil pursuant to
Section 7, there shall be formed an d hoc council consisting of the



following members in order to perform the functions to be performed by
the Council under this Act in relation to issue them mbership registration
certificate by registering the name of a person who has the qualification to
become a member of the Institute and to hold election to the councilors
representing the members to the Council:
(a) Chairperson, Nepal Chartered
Accountants Association

-Chairperson
(b) Three persons nominated by
Government of Nepal from amongst
the auditors who have been registered
as auditors under the Auditors Act,
2031 (1975)



-Member
(c) Gazetted first class officer designated
by Government of Nepal
-Member secretary
(2) The ad hoc Council formed pursuant to Sub-section (1) shall
complete election to the councilors representing the members to the
Council no later than Six months after the date of the commencement of
this Act.
(3) The ad hoc Council formed pursuant to Sub-section (1) shall
determine the rules of procedures of its meetings and other modus operandi
on its own.
(4) The ad hoc council formed pursuant to Sub-section (1) shall ipso
facto be dissolved upon the formation of the Council pursuant to Section 7.
After the ad hoc council is so dissolved, all acts and actions done and taken
by that ad hoc Council on behalf of the Council shall be deemed to have
been done and taken by the Council itself.



43. Saving of act done in good faith: Any member of the Council or a
committee of the Institute or secretary or employee of the Institute shall not
be personally liable for any act and action done and t ken in good faith in
accordance with this Act or the Rules framed under this Act.
44. Delegation of power: (1) The Council may delegate any or all of the
powers conferred to it under this Act to any committee or the secretary, as
per necessity.
(2) Any officer may so delegate any of the powers conferred to that
officer under this Act to any officer employee who is subordinate to that
officer as such powers are to be exercised under his or her general
supervision.
45. Power to give direction: (1) Government of Nepal may give necessary
direction to the Council in relation to the activities of the Institute.
(2) The Auditor General may give necessary direction o the Council
in relation to the development, protection and promotion of the
accountancy.
(3) It shall be the duty of the Council to abide by the direction given
by Government of Nepal or Auditor General pursuant to Sub-section (1) or
(2).
46. Liaison with Government of Nepal: While making contact with
Government of Nepal, the Institute shall do so through the Ministry of
Finance.
47. Power to frame Rules: (1) The Council may frame necessary Rules in
order implement the objectives of this Act.
(2) Notwithstanding anything contained in Sub-section (1), where
the Council is not formed pursuant to Section 7, the ad hoc council formed
pursuant to Section 42 for the purpose of giving certificate of registration of



membership of the Institute and holding election to the councilors may
frame necessary Rules.
(3) The Rules framed pursuant to Sub-sections (1) and (2) shall
come into force only after being approved by Governme t of Nepal.
(4) The Rules framed by the ad hoc council pursuant to Sub-section
(2) shall ipso facto be inoperative upon the coming into force of the Rules
framed by the Council pursuant to Sub-section (1).
48. Power to frame Bye-laws: The Council may, subject to this Act and the
Rules framed under this Act, frame Bye-laws for the op ration of the day-
to-day activities of the Institute.
49. Repeal and saving: (1) Auditors Act, 2031 (1975) is, hereby, repealed. (2) Where an auditor who is recognized by the Office of Auditor
General under any law in force is recognized as a recognized auditor for the
purpose of that law, such recognized auditor shall, after the commencement
of this Act, be deemed to mean a member having the professional
certificate under this Act.


Amended by the Nepal Chartered Accountants (First Amendment) Act, 2059 (2003).