(1) The Central Government may, by notification, constitute a National Financial Reporting Authority to provide for matters relating to accounting and auditing standards under this Act.<\/p>\n\n\n\n
<\/span>1<\/sup><\/a><\/span>[(1A) The National Financial Reporting Authority shall perform its functions through such divisions as may be prescribed.]<\/p>\n\n\n\n (2) Notwithstanding anything contained in any other law for the time being in force, the National Financial Reporting Authority shall–<\/p>\n\n\n\n (a) make recommendations to the Central Government on the formulation and laying down of accounting and auditing policies and standards for adoption by companies or class of companies or their auditors, as the case may be;<\/p>\n\n\n\n (b) monitor and enforce the compliance with accounting standards and auditing standards in such manner as may be prescribed;<\/p>\n\n\n\n (c) over see the quality of service of the professions associated with ensuring compliance with such standards, and suggest measures required for improvement in quality of service and such other related matters as may be prescribed; and<\/p>\n\n\n\n (d) perform such other functions relating to clauses (a), (b) and (c) as may be prescribed.<\/p>\n\n\n\n (3) The National Financial Reporting Authority shall consist of a chairperson, who shall be a person of eminence and having expertise in accountancy, auditing, finance or law to be appointed by the Central Government and such other members not exceeding fifteen consisting of part-time and full-time members as may be prescribed:<\/p>\n\n\n\n Provided that the terms and conditions and the manner of appointment of the chairperson and members shall be such as may be prescribed:<\/p>\n\n\n\n Provided further that the chairperson and members shall make a declaration to the Central Government in the prescribed form regarding no conflict of interest or lack of independence in respect of his or their appointment:<\/p>\n\n\n\n Provided also that the chairperson and members, who are in full-time employment with National Financial Reporting Authority shall not be associated with any audit firm (including related consultancy firms) during the course of their appointment and two years after ceasing to hold such appointment.<\/p>\n\n\n\n <\/span>2<\/sup><\/a><\/span>[(3A) Each division of the National Financial Reporting Authority shall be presided over by the Chairperson or a full-time Member authorized by the Chairperson.<\/p>\n\n\n\n (3B) There shall be an executive body of the National Financial Reporting Authority consisting of the Chairperson and full-time Members of such Authority for efficient discharge of its functions under sub-section (2) [other than clause (a) and sub-section (4).]<\/p>\n\n\n\n (4) Notwithstanding anything contained in any other law for the time being in force, the National Financial Reporting Authority shall–<\/p>\n\n\n\n (a) have the power to investigate, either suo motu<\/em> or on a reference made to it by the Central Government, for such class of bodies corporate or persons, in such manners may be prescribed into the matters of professional or other misconduct committed by any member or firm of chartered accountants, registered under the Chartered Accountants Act, 1949 (38 of 1949):<\/p>\n\n\n\n Provided that no other institute or body shall initiate or continue any proceedings in such matters of misconduct where the National Financial Reporting Authority has initiated an investigation under this section;<\/p>\n\n\n\n (b) have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:–<\/p>\n\n\n\n (i) discovery and production of books of account and other documents, at such place and at such time as may be specified by the National Financial Reporting Authority;<\/p>\n\n\n\n (ii) summoning and enforcing the attendance of persons and examining them on oath;<\/p>\n\n\n\n (iii) inspection of any books, registers and other documents of any person referred to in clause (b) at any place;<\/p>\n\n\n\n (iv) issuing commissions for examination of witnesses or documents;<\/p>\n\n\n\n (c) where professional or other misconduct is proved, have the power to make order for–<\/p>\n\n\n\n (A) imposing penalty of–<\/p>\n\n\n\n (I) not less than one lakh rupees, but which may extend to five times of the fees received, in case of individuals; and (II) not less than 2<\/sup>[five lakh rupees], but which may extend to ten times of the fees received, in case of firms;<\/p>\n\n\n\n <\/span>3<\/sup><\/a><\/span>[(B) debarring the member or the firm from–<\/p>\n\n\n\n I. being appointed as an auditor or internal auditor or undertaking any audit in respect t of financial statements or internal audit of the functions and activities of any company or body corporate; or<\/p>\n\n\n\n II. performing any valuation as provided under section 247,<\/p>\n\n\n\n for a minimum period of six months or such higher period not exceeding ten years as may be determined by the National Financial Reporting Authority.]<\/p>\n\n\n\n Explanation.<\/em>–For the purposes of this sub-section, the expression “professional or other misconduct” shall have the same meaning assigned to it under section 22 of the Chartered Accountants Act, 1949 (38 of 1949).<\/p>\n\n\n\n (5) Any person aggrieved by any order of the National Financial Reporting Authority issued under clause (c) of sub-section (4), may prefer an appeal before\u00a0<\/span>4<\/sup><\/a><\/span>[the Appellate Tribunal in such manner and on payment of such fee as may be prescribed].<\/p>\n\n\n\n
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