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Advocates Act, 1961

40. Stay of order. -

[(1)  (Note:- Section 40 renumbered as sub-section (1) thereof and sub-section (2) ins. by Act 60 of 1973, sec.30) ] An appeal, made under section 37 or section 38, shall not operate as a stay of the order appealed against, but the disciplinary committee of the Bar Council of India or the Supreme Court, as the case may be, may for sufficient cause direct the stay of such order on such terms and conditions as it may deem fit.

(2) [ (Note:- Section 40 renumbered as sub-section (1) thereof and sub-section (2) ins. by Act 60 of 1973, sec.30  Where an application is made for the stay of the order before the expiration of the time allowed for appealing there from under Section 37 or Section 38, the disciplinary committee of the State Bar Council, or the disciplinary committee of the Bar Council of India, as the case may be, may, for sufficient cause, direct the stay of such order on such terms and conditions as it may deem fit.]



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