8. Disabilities
Notwithstanding anything contained in section 4, a person shall not be entitled to have his name entered in or borne on the [Register of members] if he—
has not attained the age of twenty-one years at the time of his application for the entry of his name in the [Register of members]; or [(ii) is of unsound mind and stands so adjudged by a competent court; or]
is an undischarged insolvent [or an undischarged bankrupt]; or [(iiia) is declared bankrupt under the Insolvency and Bankruptcy Code, 2016 (31 of 2016); or]
being a discharged insolvent, has not obtained from the Court a certificate stating that his insolvency was caused by misfortune without any misconduct on his part; or
has been convicted by a competent Court, whether within or without India, of an offence involving moral turpitude and punishable with *** imprisonment or of an offence, not of a technical nature, committed by him in his professional capacity unless in respect of the offence committed he has either been granted a pardon or, on an application made by him in this behalf, the Central Government has, by an order in writing, removed the disability; or
has been removed from membership of the Institute on being found on inquiry to have been guilty of professional or other misconduct:
Provided that a person who has been removed from membership for a specified period, shall not be entitled to have his name entered in the [Register of members] until the expiry of such period.
Amendment notes (5)
- Subs w.e.f. 10-5-2022 .Subs. by Act 12 of 2022, s. 7, for “Register” (w.e.f. 10-5-2022).
- Subs w.e.f. 1-7-1959 . Subs. by s. 7, ibid., for clause (ii) (w.e.f. 1-7-1959).
- Ins w.e.f. 10-5-2022 Ins. by Act 12 of 2022, s. 7 (w.e.f. 10-5-2022).
- omitted w.e.f. 10-5-2022 The words “transportation or” omitted by s. 7, ibid. (w.e.f. 10-5-2022).
- Subs w.e.f. 1-7-1959 . Subs. by Act 15 of 1959, s. 7, for clause (vi) (w.e.f. 1-7-1959).