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Report No. 266

24. Amendment of section 36B.

For sub-section (1) of section 36B of the Advocates Act, the following sub-section shall be substituted, namely:-

"(1)(a) The disciplinary committee of the State Bar Council shall dispose of the complaint received by it under section 35 expeditiously and in each case the proceedings shall be concluded by the concerned Bar Council within a period of six months from the date of receipt of the complaint.

(b) The proceedings initiated by the State Bar Council either on the complaint or suo motu shall be completed within a period of six months from the date of initiation subject to extension for a maximum period of six months by the Bar Council of India, for the reasons to be recorded in writing.

(c) In the event of,-

(i) a decision not being taken whether to initiate the proceeding within a period of six months from the date of receipt of the complaint, or

(ii) the proceedings being initiated, but not completed within a period of six months or the extended period, as the case may be, then, such complaint or the proceedings shall stand transferred to the Bar Council of India, which may dispose of the same as if it were a proceeding withdrawn for inquiry under sub-section(2) of section 36.".



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