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Advocates Act, 1961

Chapter V


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 of its disciplinary committee.

(1A) [ (Note:- Sub-section (1-A) ins. by Act 60 of 1973, sec.24)  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  (Note:- Certain words omitted by Act 60 of 1973, sec.24)  shall fix a date for the hearing of the case 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 periods 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 practicing 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 disciplinary committee of the State Bar Council either in person or through any advocate appearing on his behalf.

[Explanation -  (Note:- Ins. by Act 21 of 1964, sec.17)  In this section, [ (Note:- Ins. by Act 60 of 1973, sec.24)  section 37 and section 38] the expression "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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