The Company Secretaries Act, 1980 · II — INSTITUTE OF COMPANY SECRETARIES OF INDIA

Section 8. Disabilities

In force · As amended up to 2026-08

8. Disabilities.— Notwithstanding anything contained in section 4, a person shall not be entitled to have his name entered in, or borne on, the[6] [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[6] [Register of members]; or (b) is of unsound mind and stands so adjudged by a competent court; or (c) is an undischarged insolvent[7] [or undischarged bankrupt]; or 7 [(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 1. Subs. by Act 12 of 2022, s. 76, for "Register" (w.e.f.10-5-2022). 2. Subs. by Act 8 of 2006, s. 5, for sub-section (2) (w.e.f. 8-8-2006). 3. The words "which shall not exceed rupees three thousand," omitted by Act 12 of 2022, s. 77 (w.e.f.10-5-2022). 4. The proviso omitted by s. 77, ibid ., (w.e.f 10-5-2022). 5. Ins. by Act 8 of 2006, s. 5, (w.e.f. 8-8-2006). 6. Subs. by Act 12 of 2022, s. 78, for "Register" (w.e.f.10-5-2022). 7. Ins. by s. 78, ibid . (w.e.f. 10-5-2022). (e) has been convicted by a competent court, whether within or[1] [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[2] [Register of members] until the expiry of such period.

Source: India Code

How this section changed

  1. substituted by Act 8 of 2006, s. 5

    In force from 8 Aug 2006

    Footnote: 2. Subs. by Act 8 of 2006, s. 5, for sub-section (2) (w.e.f. 8-8-2006).

  2. substituted by Act 12 of 2022, s. 76

    In force from 10 May 2022

    Earlier wording: “Register”

    Footnote: 1. Subs. by Act 12 of 2022, s. 76, for "Register" (w.e.f.10-5-2022).