Report No. 266
8. Substitution of new section for section 9.
For section 9 of the Advocates Act, the following section shall be substituted, namely:-
"9. Disciplinary Committees.-
A Bar Council shall constitute one or more disciplinary committees, each of which shall consist of five persons of whom-
(i) two persons shall be elected by the Council from amongst its members;
(ii) two persons shall be from amongst eminent persons from fields other than law to be co-opted by the Council; and
(iii) the fifth member shall be a person nominated by the High Court, in the following manner, namely:-
(a) in case of the Bar Council of India, fifth member of such Disciplinary Committees shall be a person, who has been the Chief Justice or a Judge of a High Court, as i`ts nominated member;
(b) in case of a State Bar Council, fifth member of such Disciplinary Committees shall be a person, who has been a district judge, as its nominated member;
Provided that the co-opted member shall not be a member of the Council, in case of Disciplinary Committee constituted by the Bar Council of India, the Judge shall be the Chairman of the Committee, and the the members of a Disciplinary Committee of the State Bar Council, in its first meeting decide as to who shall preside over as the Chairman of the Committee.
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