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CONDUCT OF ADVOCATES

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

disciplinary committee.

(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

be filed;

(b) reprimand the advocate;

(c) suspend the advocate from practice for such period as it may

deemfit;

(d) remove the name of the advocate from the state roll of

advocates.

(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.

 

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