ICAI Election Code of Conduct – 2021 – (31-08-2021)
The Election Code of Conduct containing instructions and norms for compliance by candidates and their authorized representatives shall come into force from the date of issue of notification under Rule 4(2), i.e. 1st September, 2021, and remain in force till counting of votes is completed and election results are notified in the Gazette of India.
1. The Chartered Accountants (Election to the Council) Rules, 2006 have been specified by the Central Government, under The Chartered Accountants Act, 1949. Rule 16 of the said Rules requires the Council of the Institute to approve an Election Code of Conduct, with the view to maintain a healthy and peaceful atmosphere during the election process for ensuring a free and fair election. In accordance with this requirement, the Council of the Institute has approved an Election Code of Conduct for candidates and their authorized representatives for required compliance, which is as follows:
(a) Any infrastructure, forum including programmes, by whatever name called, resources – human or otherwise machinery, facilities, or communication medium – electronic or otherwise, of the Institute, its Regional Councils, Branches, Chapters & Representative Offices outside India, CPE Chapters, CPE & MII Study Circles and CPE Study Groups” shall not be used in any manner whatsoever by any contesting candidate and/ or their authorized representative/s.
(b) No candidate and/ or his/ her authorized representative(s) shall utilize the services of any office bearers and members of Central Council, Regional Councils, Branches, Chapters & Representative Offices outside India, CPE Chapters, CPE & MII Study Circles or CPE Study Groups, in the latter’s official capacity whether held presently or in the past, for campaigning/ canvassing/ electioneering/ propagating. However, such an office bearer can act at his/her own free will, in his/ her individual capacity. Office bearer, for this purpose, will mean all elected/ nominated members of the Council, Regional Councils, Branches, Chapters & Representative Offices outside India and Convenors and Deputy Convenors of CPE Chapters/ CPE & MII Study Circles/ CPE Groups.
(c) While there is no bar on a contesting candidate or their authorized representative from participation in an event/ programme organized by the Institute and/ or its organs, as an participant, however, that forum/ event shall not be used for publicity/ electioneering/ canvassing/ propagating in any form whatsoever. This restriction is equally applicable to any Study Circle, Study Group or Chapters & Representative Offices, by whatever name called, within or outside India, which are affiliated to the Institute/ its Committees, Regional Councils/ their Committees and Branches of the Regional Councils/ their Committees. The same is also applicable to the Voluntary Associations/ Trusts/ Societies/ Organisations, by whatever name called, which are run, controlled or managed by/ for and/ or on behalf of Chartered Accountants within or outside India.
(d) In the event of any invitation being received, by a candidate, from the Central Government/ State Government, The Institute of Cost Accountants of India (ICoAI), The Institute of Company Secretaries of India (ICSI), any other outside agencies such as Industry Associations like CII, FICCI, ASSOCHAM, Chambers of Commerce etc., and Voluntary Bodies like Rotaries, Non Government Organizations etc. for participation in any of their events/ programmes etc., in any capacity – professional or otherwise, while there is no bar for participation in such an event/ programme, as an participant, however, that event/ forum shall not be used for the purpose of publicity/ electioneering/ canvassing/ propagating in any manner whatsoever.