Act Number: 38

Act Name: The Chartered Accountants Act, 1949

Year: 1949

Enactment Date: 1949-05-01

Long Title: An Act to make provision for the regulation of the profession of chartered accountants.

Ministry: Ministry of Corporate Affairs

Department:

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--
         (i) 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
         2[(ii) is of unsound mind and stands so adjudged by a competent court; or]
         (iii) is an undischarged insolvent 3[or an undischarged bankrupt]; or
3[(iiia) is declared bankrupt under the Insolvency and Bankruptcy Code, 2016 (31 of 2016); 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 4*** 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
         5[(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 1[Register of members] until the expiry of such period.]
Notes:
1.Subs. by Act 12 of 2022, s. 7, for “Register” (w.e.f. 10-5-2022).
2. Subs. by s. 7, ibid., for clause (ii) (w.e.f. 1-7-1959).
3 Ins. by Act 12 of 2022, s. 7 (w.e.f. 10-5-2022).
4. The words “transportation or” omitted by s. 7, ibid. (w.e.f. 10-5-2022).
5. Subs. by Act 15 of 1959, s. 7, for clause (vi) (w.e.f. 1-7-1959).
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