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.

Note:

1. Subs. by Act 12 of 2022, s. 78, for “Register” (w.e.f.10-5-2022).

2. Ins. by s. 78, ibid. (w.e.f. 10-5-2022).

3. Subs by s. 78, ibid., for “without India” (w.e.f. 10-5-2022).