Section 25Chapter 7

Penalty for using name of the Council, awarding degrees of cost accountancy, etc

(1)

Save

as otherwise provided in this Act, no person shall,--

(i)

use a name or a common seal which is identical with the name or the common seal of the

Institute or so nearly resembles it as to deceive or as is likely to deceive the public;

(ii)

award any degree, diploma or certificate or bestow any designation which indicates or

purports to indicate the position or attainment of any qualification or competence in cost accountancy similar to that of a member of the Institute; or

(iii)

seek to regulate in any manner whatsoever the profession of cost accountants.

(2)

Any person contravening the provisions of sub-section (1) shall, without prejudice to any other

proceedings which may be taken against him, be punishable with imprisonment which may extend to six months or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees or with both on first conviction, and on any subsequent conviction with imprisonment which may extend to one year, or with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees, or with both.

Omitted.

(4)

If the Central Government is satisfied that any diploma or certificate or any designation granted or

conferred by any person other than the Institute, which purports to be a qualification in cost accountancy but which, in the opinion of the Central Government, falls short of the standard of qualifications prescribed for cost accountants and does not in fact indicate or purport to indicate the position or attainment of any qualification or competence in cost accountancy similar to that of a member of the

Notes, amendments & references (7)

Institute, it may, by notification in the Official Gazette and subject to such conditions as it may think fit to

impose, declare that this section shall not apply to such diploma or certificate or designation

1. Subs. by Act 10 of 2012, s. 6, for cost and works accountants (w.e.f. 1-2-2012).

2. Subs. by Act 12 of 2022, s. 64, for “be punishable on first conviction with fine which may extend to one thousand rupees”

(w.e.f. 10-5-2022).

3. Subs. by s. 64, ibid., for “six months, or with fine which may extend to five thousand rupees” (w.e.f. 10-5-2022).

4. Sub-section (3) omitted by Act 7 of 2006, s. 23 (w.e.f. 8-8-2006).