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      Question

      Under the Schedules, the dividing line between “other

      misconduct” in the First Schedule (Part IV) and the Second Schedule (Part III) for a member held guilty by a court is based on:
      A Whether the offence was committed in or outside India Correct Answer Incorrect Answer
      B Whether the member is an associate or a fellow Correct Answer Incorrect Answer
      C Whether the member is in practice or in service Correct Answer Incorrect Answer
      D Whether the offence involved a financial loss to a client Correct Answer Incorrect Answer
      E Whether the offence is punishable with imprisonment up to six months (First Schedule) or exceeding six months (Second Schedule) Correct Answer Incorrect Answer

      Solution

      First Schedule, Part IV treats a member as guilty of other misconduct if he is held guilty by a civil or criminal court of an offence punishable with imprisonment for a term not exceeding six months (or, in the Council's opinion, brings disrepute to the profession). Second Schedule, Part III treats a member as guilty of other misconduct if he is held guilty of an offence punishable with imprisonment for a term exceeding six months. The dividing line is thus the maximum imprisonment - up to six months versus more than six months - making it correct.

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