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CS Professional · Drafting, Pleadings and Appearances · Art of Advocacy and Appearances

Arjun Kapoor, a Company Secretary, was removed from membership of the Institute for two years after an inquiry found him guilty of professional misconduct. After one year he applies for re-entry in order to represent a Section 8 company. Under the Company Secretaries Act, 1980, what is the position?

He cannot be re-entered until the two-year period of removal expires. The proviso to the disabilities provision says a person removed for a specified period is not entitled to entry in the Register of members until that period ends; the bar is not permanent.

  1. AHe is entitled at once, as the inquiry is over
  2. BHe is not entitled until the specified two-year period expiresCorrect
  3. CHe is permanently barred from re-entry
  4. DHe is entitled if the Central Government orders so in writing

Explanation

Section 8(f) disables a person removed for misconduct, and the proviso says one removed for a specified period cannot have his name entered until that period expires. Only one year has passed. The Central Government order route applies to offence convictions, not to this case, and the bar is not permanent.

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