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The Company Secretaries Act, 1980

Section 8. Disabilities.

Notwithstanding anything contained in section 4, a person shall not be entitled to have his name entered in, or borne on, the 1[Register of members]; if he-- (a) has not attained the age of twenty-one years at the time of his application for the entry of his name in the 1[Register of members]; or (b) is of unsound mind and stands so adjudged by a competent court; or (c) is an undercharged insolvent 2[or undischarged bankrupt]; or 2[(ca) is declared bankrupt under the Insolvency and Bankruptcy Code, 2016 (31 of 2016);] (d) 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 (e) has been convicted by a competent court, whether within or 3[outside 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 (f) 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 1[Register of members] until the expiry of such period.

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

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