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

Mr Rohan Iyer, a company secretary in practice, is engaged to appear for a Section 8 company before the Tribunal. He was convicted by a competent court of an offence involving moral turpitude punishable with imprisonment, with no pardon and no order from the Central Government. Under section 8 of the Company Secretaries Act, 1980, what is the consequence?

He is not entitled to have his name entered in the Register of members. Section 8(e) disables a person convicted of a moral turpitude offence punishable with imprisonment unless he has a pardon or the Central Government has removed the disability by written order.

  1. AHe is entitled to be entered in the Register of members as of right
  2. BHe is not entitled to have his name entered in the Register of membersCorrect
  3. CHe may enter the Register after paying a penalty to the Institute
  4. DHe is disqualified only if the offence was committed outside India

Explanation

Section 8(e) bars entry in the Register of members of a person convicted of an offence involving moral turpitude and punishable with imprisonment, unless pardoned or the Central Government has removed the disability by written order. Neither occurred here, and the place of the conviction (within or outside India) does not matter.

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