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CS Professional · Compliance Management, Audit and Due Diligence · Values, Ethics and Professional Conduct

Mr. Arvind Rao, a CS, was removed from membership of the Institute for a specified period of three years after an inquiry found him guilty of professional misconduct. Two years later he applies to have his name re-entered in the Register of members. What is the position under the Act?

He is not entitled to re-entry until the three-year period expires. The Act disables a person removed from membership for misconduct, and the proviso allows a person removed for a specified period to be re-entered only after that period has ended.

  1. AHe is entitled, because removal for a specified period lapses after two thirds of the period
  2. BHe is not entitled until the specified period expiresCorrect
  3. CHe is entitled if the Central Government removes the disability by written order
  4. DHe is permanently disqualified from re-entry

Explanation

Section 8(f) disables a person removed for misconduct, and its proviso says one removed for a specified period cannot have his name entered until that period expires. Mr. Rao has served only two of three years. The Central Government order route applies to convictions under clause (e), not to this case.

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