THE COST AND WORKS ACCOUNTANTS (ELECTION TRIBUNAL) RULES, 2006 (as amended in 2011)

rules · 1959 · State unknown

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Parent: THE COST ACCOUNTANTS ACT, 1959 (6862d2d0df4fe563db21018138b596c7463ac60c)

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THE COST AND WORKS ACCOUNTANTS (ELECTION TRIBUNAL) RULES, 2006 (as amended in 2011) The Cost and Works Accountants (Election Tribunal) Rules, 2006 Rules Page No_ Short title and commencement Definitions Constitution of Tribunal Terms and conditions of service of the Presiding Officer and Members of the Tribuna Allowances Travelling and daily Allowance Meetings of Tribunal Procedure to be adopted by the Tribunal Powers of the Tribunal Duration of the Tribunal Residuary provision 115 2_ 115 115 3 4 116 5 116 6_ 116 7 117 8_ 117 9 118 10 . 118 11. 118 6 THE COST AND WORKS ACCOUNTANTS (ELECTION TRIBUNAL) RULES 2006 MINISTRY OF COMPANY AFFAIRS NOTIFICATION New Delhi, the 17th November; 2006 GS.R 710(E): In exercise of the powers conferred by clause (b) of sub-section (2) of section 38A, read with sub-section (3) of section 1OB of the Cost and Works Accountants Act; 1959 (23 of 1959), the Central Government hereby makes the following rules namely 1. Short title and commencement (1) Thesc Rules may be called the Cost and Works Accountants (Election Tribunal) Rules, 2006. (2) Thy shall come into force o the date of their publication in the Official Gazette. 2_ Definitions In these Rules, unless the context otherwise requires; "Act means the Cost and Works Accountants Act; 1959; b "aggrieved person means a person who contested that election to the Council to which the dispute pertains; "dispute" means a dispute raised by an aggrieved person arising out of the election to the Council of the Institute; (d) ~election means election to the Council held under sub-section (2) of section 9 of the Act; ~~legal practitioner' means a person registered with Bar Council of India or any of the State Bar Councils and is eligible to appear before a Court of law; ~Tribunal' means the Tribunal f

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7 · Meetings of Tribunal (1) All meetings of the Tribunal shall be held at the headquarters of the Institute: Provided that; if the Tribunal is of the opinion that in the interest of justice it is expedient to hold meeting at any other place than the headquarters of the Institute, it may hold a meeting at such a place. (2) The date or dates and time of meetings shall be fixed by the Presiding Officer in consultation with other members of the Tribunal: Provided that a notice f not less than 15 days before the scheduled date of every such meeting shall be given by the Presiding Officer to the other members of the Tribunal, Secretary of the Institute and the parties involved. (3) The quorum for transaction of business at a meeting of the Tribunal shall be two 4) The Presiding Officer shall chair all the meetings ofthe Tribunal: Provided that in the absence of Presiding Officer; the member appointed under clause (c) of sub-section (2) of section IOB of the Act shall chair the meeting: (5) All questions which come up before any meeting ofthe Tribunal shall be decided by majority of the members present and voting, and in the event of an equality of votes, the Presiding Officer or in his absence, the member presiding, shall have a second or casting vote_ 8 Procedure to be adopted by the Tribunal (1) In the discharge of its functions, the Tribunal shall be guided by the principles of natural justice and, subject to the other provisions of the Act and these Rules, the Tribunal shall regulate its own procedure: Provided that; as far as practicable, the Tribunal shall try - to ensure that a dispute is heard and decided by it within six months from the date of its constitution. (2) Every party appearing before the Tribunal shall have the right to be represented before it by a legal practitioner O; with the permission of the Tribunal, by any other person: (3) At the time of giving its decision; the Tribunal may; - [117|