MCA instructs institutes on steps to be taken against members in respect of information received

Announcement containing certain extracts taken from a communication addressed by the ministry of corporate affairs to the three professional institutes namely, icai, icwai and icsi on the steps to be taken in respect of “information” received against members/firms registered with the respective institutes

(i) As soon as it comes to the notice of the Institute, either on the basis of press reports or otherwise, that a member of the Institute has been, or appears to have been, arrested by the police or any other law enforcement agency, it shall immediately take steps to obtain details in respect of the matter from the concerned agency and such other sources as may be appropriate. On receipt of details, if it is ascertained that the member was indeed arrested, the Institute shall treat this as “information” under Section 21(2) of the respective Acts, and shall initiate disciplinary action and take such further steps as may be necessary.

(ii) If details as per (i) above are not received within 3 weeks of the matter coming to the notice of the Institute, the Institute shall nevertheless initiate disciplinary action on the basis of available information treating it as “information” under Section 21(2) of the respective Acts and take such other steps as may be necessary to pursue the matter. If details are subsequently received from the law enforcement agency or other appropriate source, they shall be appropriately taken into account.

(iii) The Institute shall take steps to pursue such matters vigorously and bring them to a conclusion as early as possible, while following the procedures correctly.

(iv) The Institute shall continuously monitor press reports and take note of matters involving its members which fall within the scope of these directions or otherwise bring disrepute to the profession.

(v) The Institute shall put out the factual details of such cases on its website in all such cases in the following format:-

INFORMATION REGARDING MEMBERS ARRESTED BY LAW ENFORCEMENT AGENCIES

Name of Member	Membership No.	Gist of information received by/available with Institute	Action initiated by the Institute

This information shall remain on the website till the disciplinary proceedings are concluded. The details in the above format shall also be published in the Institute’s journal in the month following initiation of action.

# Certain issues in connection with the above, including timing and nature of disclosure, have been taken up with the Ministry for clarification