Section21
The Chartered Accountants Act, 1949

Disciplinary Directorate

In force From 01 Jul 1949 Act 38 of 1949 As on 16 Oct 2026

Act 38 of 1949 Ministry Corporate Affairs Enacted 01 May 1949 In force 01 Jul 1949 Cited by 4 provisions Instruments 8

Section 21 of the Chartered Accountants Act, 1949 deals with disciplinary Directorate. [ [21. Disciplinary Directorate.--(1) The Council shall, by notification, establish a Disciplinary Directorate headed by an officer of the Institute designated as Director (Discipline) and such other employees for making investigations in respect of any information or complaint received by it. The Act came into force on 01 Jul 1949.

1[ 2[21. Disciplinary Directorate.--(1) The Council shall, by notification, establish a Disciplinary Directorate headed by an officer of the Institute designated as Director (Discipline) and such other employees for making investigations in respect of any information or complaint received by it.

(2) On receipt of any information or complaint along with the prescribed fee, the Director (Discipline) shall arrive at a prima facie opinion on the occurrence of the alleged misconduct.

(3) Where the Director (Discipline) is of the opinion that a member is guilty of any rofessional or other misconduct mentioned in the First Schedule, he shall place the matter before the Board of Discipline and where the Director (Discipline) is of the opinion that a member is guilty of any professional or other misconduct mentioned in the Second Schedule or in both the Schedules, he shall place the matter before the Disciplinary Committee.

(4) In order to make investigations under the provisions of this Act, the Disciplinary Directorate shall follow such procedure as may be specified.

(5) Where a complainant withdraws the complaint, the Director (Discipline) shall place such withdrawal before the Board of Discipline or, as the case may be, the Disciplinary Committee, and the said Board or Committee may, if it is of the view that the circumstances so warrant, permit the withdrawal at any stage.]]

Section 21, The Chartered Accountants Act, 1949 (Act 38 of 1949).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Council of the Institute of Chartered Accountants of India v. Manish Agarwal

    High Court 29 Jul 2025 Binding (High Court) Ref./Crl. matter (Kar HC DB); Oral Order 29.07.2025

    Court's Decision & Legal Precedent

    Division Bench Oral Order on ICAI reference under Chartered Accountants Act ss.21(5)/21(6): court examined professional misconduct framework under s.22 and disciplinary reference procedure under s.21 for alleged misconduct warranting removal from Register.

    On this section: s.21 — Disciplinary Directorate / reference under s.21(5)/21(6) for misconduct inquiry

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Judgments citing this section

These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.

  1. Supreme Court of India 23 Feb 2018 SCIN010410022015

    … Leave granted in SLP (Civil) No.1808 of 2016 filed against the order dated 3rd August, 2015 of the High Court of Karnataka in Writ Petition No.17959 of 2012. The petition before the High Court sought direction for exercise of power under Section 21 of the Chartered Accountants Act, 1949 ('CA Act') to initiate investigation against Multi-National Accounting Firms (MAFs) and Indian Chartered Accountancy Firms (ICAFs) having arrangement with such MAFs for breach of Code of Professional Conduct under the CA Act and also to take penal action by way of cancellation …

    Read this order on eCourtsIndia

  2. Supreme Court of India 23 Feb 2018 SCIN010350412013

    … Leave granted in SLP (Civil) No.1808 of 2016 filed against the order dated 3rd August, 2015 of the High Court of Karnataka in Writ Petition No.17959 of 2012. The petition before the High Court sought direction for exercise of power under Section 21 of the Chartered Accountants Act, 1949 ('CA Act') to initiate investigation against Multi-National Accounting Firms (MAFs) and Indian Chartered Accountancy Firms (ICAFs) having arrangement with such MAFs for breach of Code of Professional Conduct under the CA Act and also to take penal action by way of cancellation …

    Read this order on eCourtsIndia

  3. Supreme Court of India 11 Jul 2017 SCIN010276932004

    … the Respondent while issuing the certificates to the units had failed to obtain sufficient information to warrant the expression of his opinion and found him guilty of professional misconduct within the meaning of Clauses (7) and (8) of Part I of the Second Schedule to the Chartered Accountants Act, 1949 read with Sections 21 and 22 of the said Act. The matter was thereafter placed before the Council of the Institute of Chartered Accountants of India, hereinafter referred to as the 'Council'. The Council, after considering the submission of the Respondent herein, vide order dated 17th January, 1998 agreed with the findings of …

    Read this order on eCourtsIndia

Made under this section, and citing it

5 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.

Another 3 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 21

What have the courts held on Section 21 of the Chartered Accountants Act?

Council of the Institute of Chartered Accountants of India v. Manish Agarwal (29 Jul 2025) is the leading judgment on this section among those set out below: s.21 — Disciplinary Directorate / reference under s.21(5)/21(6) for misconduct inquiry.

How do I find court cases under Section 21 of the Chartered Accountants Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Chartered Accountants Act 21, section 21 Chartered Accountants Act, section 21 of the Chartered Accountants Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Council of the Institute of Chartered Accountants of India v. Manish Agarwal (29 Jul 2025).

What should I read with Section 21 of the Chartered Accountants Act, and has it changed?

4 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 5: most recently The Chartered Accountants Act(Procedure of Investigation of Professional and Other Misconduct and Conduct of Cases)Amnendment Rules, 2018 (1.32 MB) (2018), then Rules to amend the Chartered Accountants (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) rules, 2007 (2011), and 3 more.

When did Section 21 of the Chartered Accountants Act come into force?

Section 21 of the Chartered Accountants Act, cited as Chartered Accountants Act 21, came into force on 01 Jul 1949, having been enacted on 01 May 1949. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.