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CS Professional · Insolvency and Bankruptcy - Law and Practice · Professional and Ethical Practices for Insolvency Practitioners

The Board proposes model bye-laws for agencies. Ananya, a graduate with the required qualifications, is refused enrolment by an agency solely because of her place of birth. Which statement is correct under the model bye-law provisions?

The refusal conflicts with the Code. Model bye-laws must make enrolment requirements non-discriminatory, meaning no discrimination on grounds of religion, caste, gender or place of birth and other specified grounds. Place of birth alone is sufficient, and governing board approval cannot validate it.

  1. AThe refusal is valid because agencies may set any enrolment conditions
  2. BThe refusal is valid if the agency's governing board approves it
  3. CThe refusal is invalid only if she is also discriminated against on grounds of religion
  4. DThe refusal conflicts with the requirement that enrolment requirements be non-discriminatory, which covers place of birthCorrect

Explanation

Section 196(2)(c) says enrolment requirements in model bye-laws must be non-discriminatory, meaning no discrimination on grounds of religion, caste, gender or place of birth and other specified grounds. Each ground stands independently, so option C is wrong.

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