This article has been written by SWAPNIL DUTT VYAS Triple MBA in (Finance ,Marketing and Insurance ) from Top university of India AICTE approve and Completed three year full time L.L.M (Master of Law ) in (Business law/corporate law)
Introduction
Chapter V of the Advocates Act, 1961, outlines the essential “Conduct of Advocates,” setting the benchmark for ethical standards in the legal profession. Uphold these guidelines to maintain client trust, enhance your reputation, and contribute to a just legal system.
Section 35 Punishment of advocates for misconduct.―
State Bar Council after receving the complaint has reason to believe that advocate is guilty of professional or other misconduct, it will refer the case to disciplinary committee for disposal .
State Bar Council by its own motion or on application by any other person withdraw proceeding before disciplinary committee and direct any other disciplinary committee of that State Bar Council for inquiery disciplinary committee of State Bar Council will fix a date for the hearing of the case and will give a notice to the advocate , Advocate-General of the State[1].
Disciplinary committee of a State Bar Council after giving advocate and Advocate-General an opportunity of being heard, will make any of the orders like ,dismiss the complaint and direction for proceedings to be filed, Reprimand the advocate, suspend the advocate from practice ,remove the name of the advocate from the State roll of advocates,suspension of advocate , debarred from practising in any court or before any authority or person in India. In respect of appearance Advocate-General will appear before the disciplinary committee of the State Bar Council in person or through any advocate Advocate-General and Advocate-General of the State will , in relation to the Union territory of Delhi, mean the Additional Solicitor General of India.
Section 36 Disciplinary powers of Bar Council of India.―
Bar Council of India after receipt of complain related to guilty of professional or mis conduct of advocate whose name not entered on any state roll it will refer the case for disposal to its disciplinary committee.
-Disciplinary committee of the Bar Council of India with own motion or report by any State Bar Council or application made person interested mae inquiry and dispose the proceeding against the advocate .
– Disciplinary committee of the Bar Council of India for disposing of any case will observe the procedure laid down in section 35 and references to the Advocate-General is like as to the Attorney-General of India.
– State Bar Council concerned will give effect to any such order which order make under section 35 subsection (3) by disciplinary committee of the Bar Council of India.
Section 36A Changes in constitution of disciplinary committees.―
Whenever in respect of any proceedings under section 35 or section 36, a disciplinary committee of the State Bar Council or a disciplinary committee of the Bar Council of India stop to exercise jurisdiction in thos case other disciplinary committee of the State Bar Council or the disciplinary committee of the Bar Council of India will continue the proceedings at the stage from that stage predecessor committee left or stop the proceeding .
Section 36B Disposal of disciplinary proceedings.―
(1) Disciplinary committee of a State Bar Council will conclude the case proceedins within one year after receving the complaint under section 35.
Bar council of India after getting proceedings from state bar council will dispose of as per section 36 sub section (2) .s
where on the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), disciplinary proceedings against an advocate is pending before the disciplinary committee of a State Bar Council, will dispose of within a period of six months from the date of such commencement or within a period of one year from the date of the receipt of the complaint , the date of initiation of the proceedings at the instance of the State Bar Council, whichever is later, failing which such proceedings shall stand transferred to the Bar Council of India for disposal.
Section 37 Appeal to the Bar Council of India.―
(1) if person dissatisfied by an order of the disciplinary committee of a State Bar Council made as mentioned under section 35 , the Advocate-General of the State, within sixty days of the date of the order to him, can appeal to the Bar Council of India.
(2) appeal shall be heard by the disciplinary committee of the Bar Council of India can pass such order concern with varying punishment award by state bar council of india or as deems fit ,after providing opportunity of being heard to dissatisfied person disciplinary committee of the Bar Council of India will vary decision of disciplinary committee of the State Bar Council .
Section 38 Appeal to the Supreme Court.―
Any person dissatisfied by an order made by the disciplinary committee of the Bar Council of India under section 36 or section 37 or the Attorney-General of India or the Advocate-General of the State concerned, as the case may be within sixty days of the date can appeal to the Supreme Court and the Supreme Court may pass such order concern with order varying the punishment awarded by the disciplinary committee of the Bar Council of India or as it deems fit, after providing opportunity of being heard to dissatisfied person Supreme Court of India will vary decision of disciplinary committee of the Bar Council of India[2] .
Section 39 Application of sections 5 and 12 of Limitation Act, 1963.―
Sections 5 and 12 provision of the Limitation Act, 1963 , will follow to appeals under section 37 and section 38 of advocate act .
Section 40 Stay of order.―
Appeal, under section 37 or section 38, will not consider as a stay of the order for which against appeal made , The disciplinary committee of the Bar Council of India, The Supreme Court with sufficient cause, direct the stay of order with terms and conditions as it may deem fit.
(2) Where an application is made for stay of order under section 37 or section 38, the disciplinary committee of the State Bar Council, or the disciplinary committee of the Bar Council of India, direct the stay of such order with terms and conditions as it may deem fit.
Section 41 Alteration in roll of advocates.―
The advocate against whome order is made under this Chapter for reprimanding or suspending an advocate, advocate there name should me stated in following place .
– in a State roll and advocate name will be struck off from state roll, advocate enrolment shall be recall to whome suspened or remove from practice and granted certificated under section 22 .
Section 42 Powers of disciplinary committee.―
Power of disciplinary committee of a Bar Council same as civil court under the Code of Civil Procedure, 1908 (5 of 1908),like summoning and examing of any person ,production and discovery of documents, evidence on affidavits, calling for public record copies from any office or court , for the examination of witnesses issuing commissions , other matter as prescribed.
-Disciplinary committee will have the right to require the attendance of any presiding officer of a court except with the previous sanction of the High Court to which such court is subordinate, officer of a revenue court except with the previous sanction of the State Government.
– All proceedings before a disciplinary committee of a Bar Council will be judicial proceedings related to sections 193 and 228 of the Indian Penal Code (45 of 1860), disciplinary committee will be deemed to be a civil court for the purposes of sections 480, 482 and Code of Criminal Procedure, 1898 for section of 485.
-Disciplinary committee will send to civil court , any summons or other process, for the attendance of a witness and for the production of a document required by the committee or any commission which it desires to issue, and the civil court will process the summon and commission to be issued, enforce process for attendance or production before itself.
In the absence of the Chairman or member of a disciplinary committee on a date of hearing of a case disciplinary committee will continue the proceedings on the date so fixed and no such proceedings and no order made by the disciplinary committee in proceedings will be invalid by reason of the absence of the Chairman or member on any such date, after the presence of Chairman and other members of the disciplinary committee final order will be made under section (35) subsection (3).
(5) If no final orders under sub- section (3) of section 35 will be made accordance with the opinion of the Chairman and the members of a disciplinary committee because of lack of majority opinion shall be laid before the Chairman of the Bar Council concerned or if the Chairman of the Bar Council is acting as the Chairman or a member of the disciplinary committee, before the Vice-Chairman of the Bar Council, and the said Chairman or the Vice-Chairman of the Bar Council, after such hearing as he thinks fit, shall deliver his opinion and the final order disciplinary committee will follow it .
Section 42A Powers of Bar Council of India and other committees.―
provisions of section 42 as apply on disciplinary commitee of a Bar Council ,will same applicable on the Bar Council of India, the enrolment committee, the election committee, the legal aid committee, or any other committee of a Bar Council .
Section 43 Cost of proceedings before a disciplinary committees.―
Disciplinary committee of a Bar Council will make order related to costs of any proceedings as deemd fit and such order will be executable as it is disciplinary committee of the Bar Council of India of the Supreme Court and the disciplinary committee of a State Bar Council, of the High Court.
Section 44 Review of orders by disciplinary committee.―
Disciplinary committee of a Bar Council review any order within sixty days of the order passed by it and order of review of disciplinary committee of State Bar Council will be effective after approved by the Bar Council of India.
[1] V. Dakshinamoorthy vs The Commission Of Inquiry And Ors. on 29 August, 1979 madras high court
[2] Pandurang Dattatreya Khandekar vs The Bar Council Of Maharashtra, Bombay SCI 1983
