Cost and works accountant Act

An Act to make provision for the regulation of the profession of cost and works accountants. BE it enacted by Parliament in the Tenth Year of the Republic of India as follows :—

CHAPTER I

PRELIMINARY

Short title, extent and commencement

1. (1) This Act may be called the Cost and Works Accountants Act, 1959.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.*** Definitions and interpretation.

2. (1) In this Act, unless the context otherwise requires,

— (a) “associate” means an associate member of the Institute;

[(aa) “Authority” means the Appellate Authority referred to in section 22A;

(aaa) “Board” means the Quality Review Board constituted under section 29A;]

(b) “cost accountant” means a person who is a member of the Institute;

(c) “Council” means the Council of the Institute;

(d) “dissolved company” means the Institute of Cost and Works Accountants registered under the Companies Act, 1956 (1 of 1956);

(e) “fellow” means a fellow of the Institute;

(f) “Institute” means the Institute of Cost and Works Accountants of India constituted under this Act; 

[(fa) “notification” means a notification published in the Official Gazette;]

(g) “prescribed” means prescribed by regulations made under this Act;

(h) “President” means the President of the Council;

(i) “Register” means the Register of members maintained under this Act;

[(ia) “specified” means specified by rules made by the Central Government under this Act;

(ib) “Tribunal” means a Tribunal established under sub-section (1) of section 10B;]

(j) “Vice-President” means the Vice-President of the Council;

(k) “year” means the period commencing on the 1st day of April of any year and ending on the 31st day of March of the succeeding year.

(2) Save as otherwise provided in this Act, a member of the Institute shall be deemed “to be in practice” when, individually or in partnership with one or more members of the Institute in practice, he, in consideration of remuneration received or to be received,

— (i) engages himself in the practice of cost and works accountancy; or

(ii) offers to perform or performs services involving the costing or pricing of goods or services or the preparation, verification or certification of cost accounting and related statements or holds himself out to the public as a cost accountant in practice; or