Now the bells
for elections 2012 are ringing round the corner. We shall again elect 32 council
members to manage the affairs of the Institute. The first meeting shall happen
around 5th February. The elections of president and vice president shall held
and ALL OUR ELECTED 32 REPRESENTATIVES & 8 NOMINATED MEMBERS shall kill
the democracy and shall authorise THE PRESIDENT to take further action for and
on behalf of Council.
The president becomes SAMRAT OF ICAI ESTATE .The same
practice happens at REGIONAL COUNCIL and there THE CHAIRMAN BECOMES the KING of
the regional estate. Our council members are murderers to the democratic system
of council. Our leaders are supreme because they enjoy the privileges being
head of an Autonomous body and further strengthen with the council undemocratic
resolution of authorization.
The office of
the President has now become a house for the misuse of the power vested in him
for the smooth functioning of the Institute. If the latest news paper items of Nagpur
land for ICAI are true, then you can understand the standards of our leaders.
This is not for the first time that such news of misusing the money and power surfaced.
Three years ago the council has decided to withdraw the powers from the then President.
The president then accepted various limitations to his powers and partially it
was withdrawn for the balance of his term.
The news is
nothing but a misappropriation of 100 crores of rupees. It attracts the penal
provisions. The council should call for an Emergency Meeting and withdraw any
such powers which are clearly detrimental to the profession. This is a clear
case of dishonest
misappropriation. His act definitely falls
under Dishonesty is as defined in sec.24, IPC, causing wrongful gain or
wrongful loss to an organization. Here the money has been accounted for excess and
mismanaged by an authorised person. The intention of spending in excess proved
the charge of criminal breach of trust.
This section 405 of the IPC entrusted with
property, or with any dominion over property, dishonestly misappropriates or
converts to his own use that property, or dishonestly uses or disposes of that property
in violation of any direction of law prescribing the mode in which such trust
is to be discharged, or of any legal contract, express or implied, which he has
made touching the discharge of such trust, or willfully suffers any other
person so to do, commits 'criminal breach of trust.' The language of the
section is very wide. The words used are 'in any manner entrusted with
property'. So, it extends to entrustments of all kinds-whether to clerks,
servants, business partners or other persons, provided they are holding a
position of trust. "The term "entrusted" found in a 405, IPC
governs not only the words "with the property" immediately following
it but also the words "or with any dominion over the property"
The definition in a 405 does not
restrict the property to movables or immoveable alone. In R K Dalmia vs Delhi
Administration, the Supreme Court held that the word 'property' is used in the
Code in a much wider sense than the expression 'moveable property'. There is no
good reason to restrict the meaning of the word 'property' to moveable property
only, when it is used without any qualification in s 405. Whether the offence
defined in a particular section of IPC can be committed in respect of any
particular kind of property, will depend not on the interpretation of the word
'property' but on the fact whether that particular kind of property can be
subject to the acts covered by that section. Dominion over Property
The word 'dominion' connotes control
over the property. In Shivnatrayan vs State of Maharashtra, it was held that a
director of a company was in the position of a trustee and being a trustee of
the assets, which has come into his hand, he had dominion and control over the
same.
CA AMRESH VASHISHT, FCA, LLB,DISA(ICAI)
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