Section 9:
Constitution of the Council of the Institute
(1) There shall be a Council of the Institute for the management of the affairs of the Institute and for discharging the functions assigned to it under this Act.
1[(2) The Council shall be composed of the following persons, namely:--
(a) not more than thirty-two persons elected by the members of the Institute from amongst the fellows of the Institute chosen in such manner and from such regional constituencies as may be specified:
Provided that a fellow of the Institute, who has been found guilty of any professional or other
misconduct and whose name is removed from the 2[Register of members] or has been awarded penalty of fine, shall not be eligible to contest the election,--
(i) in case of misconduct falling under the First Schedule of this Act, for a period of 3[four years];
(ii) in case of misconduct falling under the Second Schedule of this Act, for a period of 4[eight years, ]from the completion of the period of removal of name from the 2[Register of members] or payment of fine, as the case may be;
(b) not more than eight persons to be nominated in the specified manner, by the Central
Government.]
5[(3) No person holding a post under the Central Government or a State Government shall be eligible for election to the Council under clause (a) of sub-section (2).
(4) No 6[member of the Institute or any partner of a firm] who has been auditor of the Institute shall be eligible for election to the Council under clause (a) of sub-section (2), for a period of 7[four years] after he ceases to be an auditor.]
Notes:
1. Subs. by Act 9 of 2006, s. 6, for sub-section (2) (w.e.f. 5-9-2006).
2. Subs. by Act 12 of 2022, s. 8, for "Register" (w.e.f. 10-5-2022).
3. Subs. by s. 8, ibid., for "three years" (w.e.f. 10-5-2022).
4. Subs. by s. 8, ibid., for "six years" (w.e.f. 10-5-2022).
5. Ins. by Act 9 of 2006,s. 6 (w.e.f. 5-9-2006).
6. Subs. by s. 8, ibid., for three years (w.e.f. 10-5-2022).
6. Subs. by Act 12 of 2022, s. 8, for person (w.e.f. 10-5-2022).