Logo_of_Bar_Council_of_India

Disciplinary Power of Bar Council of India

Section 36: Disciplinary Power of Bar Council of India:-

Image result for Disciplinary Power of Bar Council of India

(1) where on receipt of complaint of otherwise the Bar Council of India has reason to believe that any advocate whose name is not entered on any state roll has been guilty of professional or other misconduct,it shall refer the case for disposal to its Disciplinary Committee.

(2) Not with standing anything contained in this Chapter in this chapter, the Disciplinary Committee of the Bar Council of India  may,either of its own motion or on a report by any state Bar Council  or on an application made to it by any person interested, withdraw for inquiry before itself any proceedings for Disciplinary action against any advocate pending before the Disciplinary committee of any State Bar Council and dispose of the same.

(3) The  Disciplinary committee of the Bar Council of India, in choosing of any case under this section,shall observe,so far as may be,the procedure laid down insection 35, the refernces to the Advocate-General in that section being construed as references to the Attorney-General of India.

(4) In disposing of any proceedings under this section the Disciplinary committee of the Bar Council of India may make any order which the Disciplinary committee of the Bar Council  can make under sub-section(3) of section 35, and proceedings have been withdrawn for enquiry before the Disciplinary committee of the Bar Council  of India, the State Bar Council concerned shall give effect to any such order.

Section 36-A:Changes in constitution of Disciolinary 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

Related image

ceases to exercise jurisdiction and is succeeded by another committee which has and exercises jurisdiction ,the Disciplinary committee of the State Bar Council  or the Disciplinary committee of the Bar Council  of India, as the case may be so succeeding may continue the proceedings from the stage at which the proceedings were so left by its predecessor committee.

Section 36-B : Disposal of disciplinary proceedings:-

  • The Disciplinary committee of a State Bar Council shall dispose of the complaint received by it under Section 35 expeditiously and in each case the proceedings shall be concluded within a period of one year from the date of the receipt of the complaint or the date of initiation of the proceeding at the instance of the State Bar Council , as the case may be failing which such proceedings shall stand transferred to the Bar Council of India which may dispose the same as if it were a proceeding withdrawn for inquiry under sub-section(2) of Section 36.
  • Notwithstanding anything contained in sub-secrtion (1) where on the Commencement of the Advocate (Amendment) Act,193, any proceedings in respect of any Disciplinary matter against an advocate is pending before the Disciplinary committee of a State Bar Council that Disciplinary committee of a State Bar Council shall dispose of the same 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 or, as the case may be, the date of initiation 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 under sub-section(1).

Leave a Reply

Your email address will not be published. Required fields are marked *