Report No. 266

22. Amendment of section 35. In section 35 of the Advocates Act, -

(i) after sub-section(1A), the following sub-section shall be inserted, namely:-

"(1AB) The decision of referring a case under sub-section(1), to the disciplinary committee shall be taken by the concerned Bar Council within a period of six months from the date of receipt of the complaint.

(1AC) The complaint to the State Bar Council shall be made in such form and accompanied by such fees, as may be prescribed by the State Bar Council.";

(ii) in sub-section (3), the following clauses shall be inserted, namely:-

"(e) impose a fine which may extend of rupees three lakhs and the cost of proceedings;

(f) award compensation of such an amount, subject to a maximum of rupees five lakhs as it may deem fit, payable to the person aggrieved by the misconduct of the advocate;

(g) impose costs, subject to a maximum of rupees two lakhs,-

(i) on the complainant in case the complaint is found to be vexatious, false or frivolous;

(ii) on the advocate concerned in case he is found to be not cooperating in the disciplinary proceedings under the Act.",

(iii) after sub-section(5), the following sub-section shall be inserted, namely:-

"(6) During the pendency of a disciplinary proceeding in the complaints of grave misconduct, the State Bar Council, if deems fit, it may suspend the advocate concerned from practice during the pendency of such proceedings, provided no such suspension shall be made without the recommendation of a Committee consisting of (a) a former Judge of the High Court who will be the Chairman of the Committee; and (b) two Senior Advocates, as may be constituted by the State Bar Council.

(iv) after sub-section (6), the following proviso shall be inserted, namely:-

"Provided that if the advocate is convicted under section 24A, he shall be deemed to have been guilty of professional misconduct unless operation of such conviction is stayed by a court of competent jurisdiction.".