CHARTERED ACCOUNTANTS PRACTICING IN RESIDENTIAL AREAS - UNJUSTIFIED TREATMENT BY THE GOVERNMENT
The Chartered Accountants practicing in
residential areas of Karol bagh , Daryaganj,
Laxmi Nagar, Shakarpur and all other
residential colonies of Delhi are still facing
risk of their offices being sealed by the
Government arising out of orders of
Honorable Supreme Court. The notification
of 7th September 2006 has been issued in
such a complex manner that legal experts
are still struggling to interpret its real intent.
The Government vide this notification has also permitted professional activities by Chartered Accountants in all residential areas, subject to the following conditions:
The Government vide this notification has also permitted professional activities by Chartered Accountants in all residential areas, subject to the following conditions:
- Professional activities by Chartered Accountants shall be permitted if carried out by the resident himself / herself;
- Group Housing / Plots with multiple dwelling units, professional activities shall be permitted on any floor, subject to maximum 50% of permissible or sanctioned FAR for each dwelling unit.
- In case of single dwelling unit plots, chartered accountant activities shall be permissible on any one floor only, but restricted to less than 50% of the permissible or sanctioned FAR on that plot.
Similar facility has been given to other professionals including
doctors, lawyers and architects. The requirements insist on a
condition that professional activity shall be permitted only if
it is carried out by the resident himself / herself.This has
following implications :
- The Chartered Accountant concerned should be residing in the same premises.
- The professional activity is to be carried on by him / him self. This creates an apprehension that Partnership Firms or large setups may not be permitted.
The aforesaid condition of mandatory requirement of residing
in the same premises by the Chartered Accountant concerned
is practically infeasible in most of the cases. Most of the
Chartered Accountant Firms have proper staff and are required
to have necessary infrastructure like computer, scanners
and various other modern gadgets to enable them to provide
high quality services. In a number of cases more than one
chartered accountants are associated or working jointly to carry
on the professional practice. ICAI has been promoting merger
and networking of firms to enable delivery of all specialised services under one roof. The Government
is trying to reverse the growth process of
the economy.
The Government of India and the Delhi
Government have miserably failed to
provide adequate commercial spaces to take
care of all-round growth and development
of Delhi's economy. There is a need to
urgently develop at least 10-20 thousand
acres in Delhi for commercial purpose. The
Yamuna bed and wasteland in the midst of
Delhi should be targeted for low cost
availability. The Government should
provide alternate accommodation in
commercial areas at reasonable rates to all
those who are being displaced due to
decision of Honorable Supreme Court or due to non- compliance
of reversed master plan. The Government of India vide Notification
dated 7th September, 2006 has also
permitted commercial usage by retail shops,
schools, nurseries, guest houses, banks,
fitness centres in the residential areas,
subject to certain conditions as to the width
of the road and the category of the colony
etc.There is no requirement for such users
to reside in the same premises. But in all
such cases the professional activity can be
carried on by the Chartered Accountants
and other professionals only subject to the
conditions outlined in the 1st paragraph.
These improper The Government of India vide Notification
dated 7th September, 2006 has also
permitted commercial usage by retail shops,
schools, nurseries, guest houses, banks,
fitness centres in the residential areas,
subject to certain conditions as to the width
of the road and the category of the colony
etc.There is no requirement for such users
to reside in the same premises. But in all
such cases the professional activity can be
carried on by the Chartered Accountants
and other professionals only subject to the
conditions outlined in the 1st paragraph.
These improper condationalities are far
from being logical and just not
acceptable to the profession and we need
to fight unitedly against such oppressive
policies of the Government. are far
from being logical and just not
acceptable to the profession and we need
to fight unitedly against such oppressive
policies of the Government. The All India Chartered Accountants'
Society is in the process of formulating a
Joint Forum with doctors including
various medical associations, lawyers
including Supreme Court Bar Association,
Delhi High Court Bar Association and
other associations of lawyers and
architects, to enable formation of joint
strategy and action including lobbying with
the Government. The possibility of filing
an appropriate writ petition with Delhi
High Court and / or Hon'ble Supreme Court
is also being examined.
We have also submitted detailed
memorandum to the Chief Minister of
Delhi, Urban Development Minister Jai
Pal Reddy, State Urban Development
Minister Ajay Makan and Commissioner,
Municipal Corporation of Delhi, to consider
the needs of the Chartered Accountants in
a more judicious and sympathetic manner.
We have outlined detailed justification
to permit Chartered Accountants to
operate from residential areas without
any restrictions or conditions. We
strongly believe that Chartered
Accountants are providing very
important services to the society and
their activities are neither hazardous
nor create any pollution or create any
other nuisance or disturbances to the inhabitants around their offices. There
is no justification to prohibit Chartered
Accountants to operate from residential
areas or to put any condition.
It is very important for the Chartered
Accountants lobby to become active and
take up the issue strongly so that the
Government could be persuaded to
appropriately modify the Master Plan of
Delhi. We need your support to take up the
issue with the judiciary, Members of
Legislative Assembly, Members of
Parliament and the Minister of Urban
Development besides Senior Leaders of
the Congress, BJP and other political
parties. The issue can be effectively taken
up with the help of individual connectivity
and relationship of Chartered Accountants.
Today it is Delhi, tomorrow it may
be any other. If we are able to
effectively take up this issue for Delhi,
it will be much easier to similarly
convince the other State Governments
to permit Chartered Accountants to
operate freely from residential areas.
Kindly feel free to get in touch with me
at my Mobile No. 9811040004 or at my
E-mail : vinodjainca@gmail.com or
vinodjain@inmacsindia.com. Let us
unitedly fight for this common cause
for the benefit of Chartered Accountants
community, society and the Indian economy.
0 comments:
Post a Comment