Section 15 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 15 puts the Institute under the overall control, guidance and supervision of the Council and vests in the Council the duty of carrying out the Act. Sub-section (2) then lists, without limiting that general power, the particular duties the Council has, from approving academic courses to enabling the working of the disciplinary bodies.
This article is as per the Act as printed in the ICAI edition of 2022 (amended up to the Chartered Accountants, the Cost and Works Accountants and the Company Secretaries (Amendment) Act, 2022). Later amendments and notifications should be checked.
Section 15(1) says the Institute functions under the overall control, guidance and supervision of the Council, and the duty of carrying out the Act is vested in the Council. Section 15(2) lists duties "in particular, and without prejudice to the generality" of that power: courses, fees, qualifications, guidelines on certificates of practice, research, investor education, support for the disciplinary bodies and the Quality Review Board, and ensuring the Institute works as the Act requires. The list was amended in 2022, in force from 10 May 2022, except that the firm-registration duty in clause (c) relies on Chapter IVA, which is not yet in force.
Section 15(1): control and the duty of carrying out the Act
Section 15(1) says the Institute shall function under the overall control, guidance and supervision of the Council and the duty of carrying out the provisions of the Act shall be vested in the Council. The Council is the body that gives effect to the Act; the Institute is the body of members constituted under section 3. The Council's own composition is in section 9. If you need to know which body is the right one to approach on a point, a legal consultation can sort that out.
Section 15(2): the duties, clause by clause
Section 15(2) says that "in particular, and without prejudice to the generality of the foregoing powers, the duties of the Council shall include" the matters below. Because the list is not exhaustive, a duty may exist even if it is not named here.
| Clause | Duty |
|---|---|
| (a) | to approve academic courses and their contents |
| (b) | the prescribing of fees for the examination of candidates for enrolment |
| (c) | the granting or refusal of registration of a firm |
| (d) | the prescribing of qualifications for entry in the Register of members |
| (e) | the recognition of foreign qualifications and training for the purposes of enrolment |
| (f) | the prescribing of guidelines for the grant or refusal of certificates of practice under the Act |
| (fa) | to issue guidelines for the purpose of carrying out the objects of the Act |
| (g) | omitted in 2022 |
| (h) | the levy of fees from members, examinees and other persons |
| (i) | omitted in 2022 |
| (j) | the regulation and maintenance of the status and standard of professional qualifications of members of the Institute |
| (k) | research in accountancy, by granting financial assistance to persons other than members of the Council or in any other manner |
| (l) | to conduct investor education and awareness programmes |
| (la) | to enter into any memorandum or arrangement, with the prior approval of the Central Government, with any agency of a foreign country, for the purpose of performing its functions under the Act |
| (m) | to enable the functioning of the Director (Discipline), the Board of Discipline, the Disciplinary Committee and the Appellate Authority constituted under the Act |
| (n) | to enable the functioning of the Quality Review Board |
| (o) | consideration of the recommendations of the Quality Review Board made under clause (a) of section 28B and the details of action taken thereon in its annual report |
| (p) | to ensure the functioning of the Institute in accordance with the provisions of the Act and in performance of other statutory duties entrusted to the Institute from time to time |
What changed in 2022
The section as it stood after the 2006 Amendment Act was changed in several places by the 2022 Amendment Act. The changes are in force from 10 May 2022:
- Clauses (b) and (c) replaced two earlier clauses, one on the examination of candidates for enrolment together with fees and one on the regulation of the engagement and training of articled and audit assistants. Clause (b) is now only the prescribing of fees for the examination, and clause (c) is the registration of firms.
- Clause (f) is now a duty to prescribe guidelines for the grant or refusal of certificates of practice, and clause (fa) lets the Council issue guidelines to carry out the objects of the Act.
- Clauses (g) and (i), on the Register of persons qualified to practise and on the removal and restoration of names, were omitted, and the words "and collection" were omitted from clause (h). Functions of that kind appear in the new section 15B for the Institute, explained in the next article.
- Clauses (l) and (la), investor education and foreign arrangements, replaced the earlier clause on a library and publications.
The firm-registration duty and the commencement trap
Clause (c) of section 15(2), "the granting or refusal of registration of a firm", was substituted in 2022 along with the rest of the list. The registration of firms is provided for in Chapter IVA (sections 20A to 20D), which is enacted by Act 12 of 2022 but, as per the ICAI 2022 edition and S.O. 2184(E) dated 10 May 2022, not yet brought into force. The clause is therefore a duty that connects to a Chapter that is not yet operating. Read together, the position is:
| Item | Position |
|---|---|
| Clause (c) as printed | in the section, substituted by Act 12 of 2022 |
| Chapter IVA (firm registration, sections 20A to 20D) | enacted but not yet in force as per the edition and S.O. 2184(E) |
| Practical effect | the registration scheme itself sits in Chapter IVA; a later commencement notification should be checked |
The other clauses are not affected by this point.
Clauses worth a closer look
Guidelines (clauses (f) and (fa)). The Council may prescribe guidelines on certificates of practice and issue guidelines to carry out the objects of the Act. The Act does not state any guideline; the Council's guidelines should be read at source. The certificate itself is in section 6.
Disciplinary support (clauses (m) to (o)). The Council must enable the working of the Director (Discipline), the Board of Discipline, the Disciplinary Committee, the Appellate Authority and the Quality Review Board, and must consider the Quality Review Board's recommendations under section 28B(a) and report on the action taken in its annual report. These bodies are created in Chapters V and VIIA and have their own articles. The Council supports them; it does not decide the cases.
Foreign arrangements (clause (la)). The Council may enter into a memorandum or arrangement with an agency of a foreign country only with the prior approval of the Central Government. The Act states no further condition.
Investor education (clause (l)). A new duty from 10 May 2022: to conduct investor education and awareness programmes.
A worked example
The Council is asked whether a guideline on the grant of certificates of practice is within its power. Clause (f) says the Council has a duty to prescribe such guidelines, and clause (fa) supports a wider guideline-making power for the objects of the Act. A member who wants to challenge a particular refusal of a certificate would look at the regulations and the Council's guidelines, which the Act leaves to those instruments.
Need help understanding who does what under the Act?
When a question touches both the Council and the Institute, such as guidelines, firm registration or the disciplinary machinery, it helps to identify the right body before you act. A legal consultation can map the point to the right provision and to the current notifications.
Key takeaways
- The Institute functions under the overall control, guidance and supervision of the Council, which carries out the Act (section 15(1)).
- Section 15(2) lists duties without limiting the Council's general power.
- The list was amended in 2022, in force from 10 May 2022, adding guidelines, firm registration, investor education and foreign arrangements.
- Clause (c) on firm registration depends on Chapter IVA, which is enacted but not yet in force.
- Clause (la) needs the Central Government's prior approval.
- The Council enables the disciplinary bodies; it does not decide their cases.
Read next
- Sections 15A and 15B of the Chartered Accountants Act, 1949: education by universities and functions of the Institute
- Section 9 of the Chartered Accountants Act, 1949: constitution of the Council
- Sections 28A to 28D of the Chartered Accountants Act, 1949: the Quality Review Board
- Sections 15 to 15B of the Cost Accountants Act, 1959: functions of the Council and the Institute
Disclaimer: Based on the Chartered Accountants Act, 1949 as printed in the ICAI edition of 2022 (amended up to Act 12 of 2022), read with S.O. 2184(E) dated 10 May 2022, which brought only part of the 2022 amendments into force, as consulted on 3 October 2026. Regulations, rules, Council guidelines, later amendments and commencement notifications should be checked. This article is general information, not legal advice; check the official text before acting.
