Section 8 – The Chartered Accountants Act, 1949

Disabilities

Notwithstanding anything contained in Section 4, a person shall not be entitled to have his name entered in or borne on the Register if he –

(i) has not attained the age of twenty-one years at the time of his application for the entry of his name in the Register; or

1[(ii) is of unsound mind and stands so adjudged by a competent Court;] or

(iii) is an undischarged insolvent; or

(iv) 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

(v) has been convicted by a competent Court whether within or without India, of an offence involving moral turpitude and punishable with transportation or 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

2[(vi) 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 until the expiry of such period.]

 

Amendment

1 Substituted, for the following, by the Chartered Accountants (Amendment) Act, 1959 :–

“(ii) has been adjudged by a competent Court to be of unsound mind;”

2 Substituted, for the following, by the Chartered Accountants (Amendment) Act, 1959 :–

“(vi) has been found on inquiry to have been guilty of conduct which renders him unfit to be a member of the Institute. ”

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