SECTION 35: Punishment of Advocates for misconduct:-(1) where
on receipt of a complaint or otherwise a state Bar council has
reason(1) to believe that any advocate on its roll has been guily of
professional or other misconduct ,it shall refer the case for
(1 A) The State Bar Council may, either of its own motion or on
application made to it by any person interested,withdraw a
proceeding pending before its Disciplinary Committee and direct
the enquiry to be made by any other Disciplinary Committee of
that State Bar Council.
(2) The Disciplinary Committee of a State Bar Council shall fix a
date for the hearing of the case and shall cause a notice there of to
be given to the advocate concerned and to the Advocate-General
of the State.
(3) 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,namely:-
(a) dismiss the complaint or,where the proceedings were initiated
at the instance of State Bar Council , direct that the proceedings
(b) reprimand the advocate;
(c) suspend the advocate from practice for such period as it may
(d) remove the name of the advocate from the state roll of
(4) Where an advocate is suspended from practice under clauce
(c) of sub-section (3), he shall, during the period of suspension be
debarred from practising in any court or before any authority or
person in India.
(5) where any notice is issued to the Advocate-General under sub –
section (2), the Advocate-General may appear before the
Disciplinary Committee of the State Bar Council either in person or
through any advocate appearing on his behalf.
Explanation:- In this section 37 and the section 38,the
expressions “Advocate-General” and “Advocate-General of the
State” shall ,in relation to the Union Territotry of Delhi mean the
Additional Solicitor General of India.