Disciplinary
Committee |
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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.
4[(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.] |
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The disciplinary committee of a State Bar Council 1[*
* *] 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. |
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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:- |
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dismiss
the complaint or, where the proceedings were initiated
at the instance of the State Bar Council, direct that
the proceedings be filed; |
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reprimand
the advocate; |
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suspend the
advocate from practice for such period as it may deem
fit; |
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remove
the name of the advocate from the State roll of advocates.
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Where an advocate is suspended from practice under clause
(c) of sub-section (3), he shall, during the period
of suspension, be debarred from practicing in any court
or before any authority or person in India |
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Where
any notice is issued to the Advocate-General under sub-section
(2), the Advocate-General may appear before the disciplinary
committee of the State Bar Council either in person
or through any advocate appearing on his behalf.
2[Explanation.-In
this section, 3[section 37 and section 38],
the expressions "Advocate-General" and Advocate-General
of the State" shall, in relation to the Union territory
of Delhi, mean the Additional Solicitor General of India.]
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1 |
Certain words omitted by Act 60 of 1973, sec. 24
(w.e.f 31-1-1974) |
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2 |
Ins. by Act 21 of 1964, sec. 17.
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3 |
Ins. by Act 60 of 1973, sec. 24 (w.e.f. 31-1-1974).
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4 |
Sub-section (1A) ins. by Act 60 of 1973, sec. 24 (w.e.f.
31-1-1974).
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