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Report No. 75

II. The Present Law

3. Present law-State Bar Councils.-

The present law is contained in the Advocates Act, 1961, Chapter 5, which deals with the conduct of advocates,1 including disciplinary proceedings for misconduct. Briefly, the scheme is as follows. 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 to its disciplinary Committee.2 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, namely3:-

(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 period as it may deem fit;

(d) remove the name of the advocate from the State roll of advocates.

1. Sections 55-44, Advocates Act, 1961.

2. Section 33 (1).

3. Section 35(3) (a) to (d).

Disciplinary Jurisdiction under the Advocates Act, 1961 Back

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