Saturday, February 16, 2013

Punishment of advocates for misconduct


35. Punishment of advocates for misconduct.—(1) Where on
receipt of a complaint or otherwise a State Bar Council has
reason to believe that any advocate on its roll has been guilty of
professional or other misconduct, it shall refer the case for
disposal to its disciplinary committee.
1
[(1A) The State Bar Council may, either of its own motion or on
application made to it by any person interested, withdraw a
proceeding pending before its disciplinary committee and direct
the inquiry to be made by any other disciplinary committee of
that State Bar Council.]
(2) The disciplinary committee of a State Bar Council 2
[***] shall
fix a date for the hearing of the case and shall cause a notice
thereof to be given to the advocate concerned and to the
Advocate-General of the State.
(3) The disciplinary committee of a State Bar Council after giving
the advocate concerned and the Advocate-General an opportunity
of being heard, may make any of the following orders, namely:—
(a) dismiss the complaint or, where the proceedings were
initiated at the instance of the State Bar Council, direct that the
proceedings be filed;
(b) reprimand the advocate;
(c) suspend the advocate from practice for such period as it
may deem fit;
(d) remove the name of the advocate from the State roll of
advocates.
(4) Where an advocate is suspended from practice under clause
(c) of sub-section (3), he shall, during the period of suspension,
be debarred from practising in any court or before any authority
or person in India.
(5) Where any notice is issued to the Advocate-General under
sub-section (2), the Advocate-General may appear before the
                                             
1
 Inserted by Act 60 of 1973 w.e.f. 31.01.1974.
2
The words “, if it does not summarily reject the complaint,” omitted by Act
60 of 1973 w.e.f. 31.01.1974.disciplinary committee of the State Bar Council either in person
or through any advocate appearing on his behalf.

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