Project Report ON Professional Ethics: Powers and Procedures of Disciplinary Committee of Bar Council of India

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PROJECT REPORT

ON
PROFESSIONAL ETHICS

POWERS AND PROCEDURES OF


DISCIPLINARY COMMITTEE OF BAR
COUNCIL OF INDIA

SUBMITTED TO- Ms.Amritpal Kaur


SUBMITTED BY-Yash Sura

ACKNOWLEDGEMENT
I express my heartfelt gratitude towards my sub
teacher from showing the confidence in me and
giving me an opportunity to take up this project so I
could enhance my sphere of knowledgement. I would
also like to thank panjab university for providing us
with such esteemed faculty and giving us an
opportunity to be a part of this university.
In the end I would like to thank lord almighty and
parents for being my constant back and helping me
pass all my endeavors with flying colors.
Submitted to : Ms. Amritpal Kaur
Submitted by: Yash Sura

36. Disciplinary powers of Bar Council of India(1) Where on receipt of a complaint or otherwise the Bar Council of India has reason to believe
that any advocate (Note:- The words "on the common roll" omitted by Act 60 of 1973, sec.25)
whose name is not entered on any State roll has been guilty of professional or other misconduct,
it shall be refer the case for disposal to its disciplinary committee.

(2) Notwithstanding anything contained in this Chapter, the disciplinary committee of the Bar
Council of India may, [(Note:- Subs. by Act 60 of 1973, sec.25, for the words "of its own
motion".) either of its own motion or on a report by any State Bar Council or 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 disposing of any case under this
section, shall observe, so far as may be, the procedure laid down in Section 35, the references 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 a State Bar Council
can make under sub-section (3) of section, 35 and where any proceedings have been withdrawn
for inquiry [(Note:- Subs. by Act 60 of 1973, sec.26) before the disciplinary committee of the Bar
Council of India] the State Bar Council concerned shall give effect to any such order.
Section 36 of the Advocates Act empowers the Bar Council of India to refer, in certain
circumstances, the case for disposal to its disciplinary committee. Sub-section (1) of section 36
provides that where on reciept of a complaint or 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.
Sub-section (2) of section 36 provides that the Disciplinary Committee of the Bar Council of
India may either on its own motion or on report by any State Bar Councilvor 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. The Rules framed by the Bar Council of India on this issue
are notable. These are found in Chapter I of Part VII of the Rules of Bar Council of India. Rule 18

provides that where a State Bar Council makes a report referred to in Section 36(2) of the Act, the
Secretary of the State Bar Council shall send to the secretary of the Bar Council of India all the
records of the proceedings alongwith the report. An application by a person interested in the
withdrawal of a proceeding referred to in Section 36(2) of the Advocates Act shall be signed by
him and it shall set out the necessary facts supported by an affidavit and accompanied by the fee
prescribed. For making an order on an application of a party or otherwise under section 36(2) of
the Act, the disciplinary committee of the Bar Council of India may call for a Report of the
Disciplinary Committee seized of the proceeding and issue notice to the respondant. It may
require the parties to file such statements as it considers necessary and call for the record of the
proceedings. It may examine the witnesses. In the proceeding before the disciplinary committee
of the Bar Council of India under section 36,unless otherwise directed, the parties may appear in
person or by advocate who shall file a vakalatnama.
Sub-section (3) of Section 36 provides that in disposing of the case, the disciplinary committee of
the Bar Council of India shall observe, so far as may be, the procedure laid down in Section 35,
references to the Advocate-General in that section being construed as reference to the AttorneyGeneral of India.
Sub-section (4) of Section 36 provides that where any 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. It also makes it clear that 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 a State Bar Council can make under sub-section
(3) of Section 35.
42. Powers of disciplinary committee.
(1) The disciplinary committee of the Bar Council shall have the same powers as are vested in a
civil court under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following
matters, namely ;a. summoning and enforcing the attendance of any person and examining him on oath ;
b. requiring discovery and production of any documents ;
c. receiving evidence on affidavits ;
d. requisitioning any public record or copies thereof from any court or office ;
e. issuing commissions for the examination of witness or documents ;
f. any other matter which may be prescribed ;
Provided that no such disciplinary committee shall have the right to require the attendance of
a. any presiding officer of a court except with the previous sanction of the High Court to which
court is subordinate ;
b. any officer of a revenue court except with the previous sanction of the State Government.
(2) All proceedings before a disciplinary committee of a Bar Council shall be deemed to be
judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860
(45 of 1860), and every such disciplinary committee shall be deemed to be a civil court for the
purpose of sections 480, 482 and 485 of Code of Criminal Procedure, 1898 (5 of 1898).
(3) For the purpose of exercising any of the powers conferred by sub section (1), a disciplinary

committee may send to any civil court in the territories to which this Act extends, any summons
or other process, for the attendance of a witness or the production of a document required by the
committee or any commission which it desires to issue, and civil court shall cause such process to
be served or such commission to be issued as the case may be, and may enforce any such process
as if it were a process for attendance or production before itself.
(4) (Note:- Sub-sections (4) and (5) ins. by Act 60 of 1973, sec.32) Notwithstanding the absence
of the Chairman or any member of a disciplinary committee on a date fixed for the hearing of a
case before it, the disciplinary committee may, if it so thinks fit, hold or continue the proceedings
on the date so fixed and no such proceedings and no order made by the disciplinary committee in
any such proceedings shall be invalid merely by reason of the absence of the Chairman or
member thereof on any such date.
Provided that no final orders of the nature referred to in sub-section (3) of Section 35 can be
made in any proceedings unless the Chairman and other members of the disciplinary committee
are present.
(5) Where no final order of the nature referred to in sub section (3) of section 35 can be made in
any proceedings in accordance with the opinion of the Chairman and the members of a
disciplinary committee either for want of majority opinion amongst themselves or otherwise, the
case, with their opinion thereon, shall be laid before the Chairman of the Bar Council concerned
or if the Chairman if 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, as the case may be, after such hearing as he thinks fit, shall deliver
his opinion and the final order of the disciplinary committee shall follow such opinion.

1[42A. Powers of Bar Council of India and other committees


The provisions of section 42, shall so far as may be, apply in relation to the Bar Council of India,
the enrolment committee, the election committee, the legal aid committee, or any other committee
of a Bar Council as they apply in relation to the disciplinary committee of a Bar Council].

43. Cost of proceedings before a disciplinary committee


The disciplinary committee to a Bar Council may, make such order as to the cost of any
proceedings before it as it may deem fit and any such order shall be executable as if it were an
order:
(a) in the case of an order of the disciplinary committee of the Bar Council of India, of the
Supreme Court;
(b) in the case of an order of the disciplinary committee of a State Bar Council, of the High Court.
COMMENTS
Under s. 43(b) an order for costs passed by the Disciplinary Committee of State Bar Council is,
by fiction, made executable as if it were an order of the High Court. But it is not an order passed
by the High Court. Such an order, however, is to be treated like, an order passed by the court and
to that order s. 38, CPC would apply. It is for the party to apply for execution before the
disciplinary committee itself and then have the decree transferred to such a court as an execute it.AIR 1974 Raj 20.

44. Review of orders by disciplinary committee


The disciplinary committee of a Bar Council may of its own motion or otherwise review any
order 1[within sixty days of the date of that order] passed by it under this Chapter:
PROVIDED that no such order of review of the disciplinary committee of a State Bar Council
shall have effect unless it has been approved by the Bar Council of India.
COMMENTS
The powers of review are not circumscribed by the Act. The analogy of the CPC must not be
carried too far. Such powers may be exercised in a suitable case for or against an advocate even
after the matter has gone through the hands of the disciplinary committee at some stage or even
through the Supreme Court. -AIR 1971 SC 107.

Section 42 deals with the powers of the disciplinary committee of a Bar Council. The provisions
of Section 42 have already been stated in this Chapter in the context of the powers of the
disciplinary committee of the State Bar Council. Section 42-A makes it clear that the provisions
of Section 42 shall, so far as may be, apply in relation to the disciplinary committee of the Bar
Council of India.
From Section 43 it becomes clear that the disciplinary committee of the Bar Council of India may
make such order as to the costs of any proceedings before it as it may drew fit and any such order
shall be executable as if it were an order of the Supreme Court.
Section 44 provides that the disciplinary committee of a Bar Council may of its own motion or
otherwise review any order within 60 days of the date of that order passed by it under Chapter V
dealing with the punishment of advocate for misconduct.

PART VII
DISCIPLINARY PROCEEDINGS AND REVIEW
CHAPTER-I
Complaints against Advocates and Procedure to be followed
by Disciplinary Committees of the State Bar Council and the Bar
Council of India
(Rules under Section 49 (1) (f) of the Act)
A. Complaint and Enquiry under Section 35, 36 and 36B of the
Act
1. (1) A complaint against an advocate shall be in the form of a
petition duly signed and verified as required under the Code of Civil

Procedure. The complaint could be filed in English or in Hindi or in


regional language where the language has been declared to be a
State language and in case the complaint is in Hindi or in any other
regional language, the State Bar Council shall translate the complaint
in English whenever a disciplinary matter is sent to the Bar Council
of India under the Advocates Act.
Every complaint shall be accompanied by the fees as prescribed
in the rules framed under Section 49 (h) of the Act.
(2) The Secretary of the Bar Council may require the
complainant to pay the prescribed fees if not paid, to remove any
defects and call for such particulars or copies of the complaint or
other documents as may be considered necessary.
(3) On a complaint being found to be in order, it shall be
registered and placed before the Bar Council for such order as it may
deem fit to pass.
(4) No matter taken up by the State Bar Council suo motu or
arising on a complaint made under Section 35 of the Act shall be
dropped solely by reason of its having been withdrawn, settled or
otherwise compromised, or that the complainant does not want to
proceed with the enquiry.
2. Before referring a complaint under Section 35 (1) of the Act to
one of its Disciplinary Committees to be specified by it, the Bar
Council may require a complainant to furnish within a time to be
fixed by it, further and better particulars and may also call for the
comments from the advocate complained against.
3. (1) After a complaint has been referred to a Disciplinary
Committee by the Bar Council, the Registrar shall expeditiously send
a notice to the advocate concerned requiring him to show cause
within a specified date on the complaint made against him and to

submit the statement of defence, documents and affidavits in support


of such defence and further informing him that in case of his nonappearance
on the date of hearing fixed, the matter shall be heard
and determined in his absence.
Explanation : Appearance includes, unless otherwise directed,
appearance by an advocate or through duly authorised
representative.
(2) If the Disciplinary Committee requires or permits, a
complainant may file a replication within such time as may be fixed
by the Committee.
4. The Chairman of the Disciplinary Committee shall fix the date,
hour and place of the enquiry which shall not ordinarily be later than
thirty days from the receipt of the reference. The Registrar shall give
notice of such date, hour and place to the complaintant or other
person aggrieved, the advocate concerned and the Attorney General
or the Additional Solicitor General of India or the Advocate General
as the case may be, and shall also serve on them copies of the
complaint and such other documents mentioned in Rule 24 of this
Chapter as the Chairman of the Committee may direct at least ten
days before the date fixed for the enquiry.
5. (1) The notices referred to in this Chapter shall subject to
necessary modification, be in Form Nos. E-1 and E-2 be sent to the
advocates appearing for the parties. Notice to a party not appearing
by the advocate shall be sent to the address as furnished in the
complaint or in the grounds of appeal. The cost of the notices shall
be borne by the complainant unless the Disciplinary Committee
otherwise directs.*
(2) The notices may be sent ordinarily through messenger or by
registered post acknowledgement due and served on the advocate or

the party concerned or his agent or other person as provided for in


Order V of the Civil Procedure Code.
(3) Notice may also, if so directed by the Committee be sent for
service through any Civil Court as provided for under Section 42 (3)
of the Advocates Act.
(4) Where the notice sent to any party cannot be served as
aforesaid it may be served by affixing a copy thereof in some
conspicuous place in the office of the Bar Council, and also upon
some conspicuous part of the house (if any) in which the party
concerned is known to have last resided or had his office, or in such
other manner as the Committee thinks fit. Such service shall be
deemed to be sufficient service.
(5) Payment of bills and/or charges for summons to witness etc.
shall be in accordance with the rules under Section 49 (h) of the Act.
6. (1) The parties can appear in person or by an advocate who
should file a vakalatnama giving the name of the Bar Council in
which he is enrolled, his residential address, telephone number if
any, and his address for service of notices. A Senior Advocate is
entitled to appear with another advocate who has filed a
vakalatnama.
(2) The Bar Council or its Disciplinary Committee may at any
stage of a proceeding appoint an advocate to appear as Amicus
Curiae. Such advocate may be paid such fee as the Council or the
Committee may decide.
(3) Excepting when the Committee has otherwise directed,
service on the advocate shall be deemed to be sufficient service on
the parties concerned, even if copies of the notices are in addition
sent to the parties, whether the parties have or have not been served.
(4) Unless otherwise indicated, where more than one Advocate

appears for the same party, it is sufficient to serve the notice on any
of them.
7. (1) If in an enquiry on a complaint received, either the
complainant or the respondent does not appear before the
Disciplinary Committee in spite of service of notice, the Committee
may proceed ex-parte or direct fresh notice to be served.
(2) Any such order for proceeding ex-parte may be set aside on
sufficient cause being shown, when an application is made supported
by an affidavit, within 60 days of the passing of the ex-parte order.
Explanation : The provisions of Section 5 of the Limitation Act,
1963 shall apply to this sub-rule.
8. (1) The Disciplinary Committee shall hear the Attorney General or
the Additional Solicitor General of India or the Advocate General, as
the case may be or their advocate and parties or their advocates, if
they desire to be heard and determine the matter on documents and
affidavits unless it is of the opinion that it should be in the interest of
justice to permit cross examination of the deponents or to take oral
evidence, in which case the procedure for the trial of civil suits shall
as far as possible be followed.
(2) On every document admitted in evidence, the following
endorsement shall be made which shall be signed by the Chairman
or any member of the Committee :The Disciplinary Committee of Bar Council of .....................
Exhibit No .............................. Date of Document..............................
Produced by ................................. Date .....................................
Signature of .................
(3) The exhibits shall be marked as follows :(a) Those of the complainant as C1,C2, etc.
(b) Those of Respondent as R1, R2,etc.

(c) Those of Disciplinary Committee as D1, D2, etc.


(4) The Disciplinary Committee may at any stage direct the
parties or their advocates to furnish such further and better
particulars as it considers necessary.
9. (1) Evidence given before the Disciplinary Committee shall be
recorded preferably in English by any member of the Committee or
any other person authorised by the Committee. The evidence so
recorded shall be signed by the Chairman or if the Chairman is not
there when the evidence is recorded by any member of the
Committee.
(2) Whenever the record of a case decided by the State Bar
Council or its Disciplinary Committee in which evidence has been
recorded in a language other than English is required to be sent to
the Bar Council of India or its Disciplinary Committee, a translation
thereof in English made by a person nominated by Committee or
Registrar certifying the same to be true copy shall also be sent.
10. (1) Every Disciplinary Committee shall make a record of its day
to day proceedings.
(2) The Registrar of the Disciplinary Committee shall maintain a
case diary setting out shortly in order of date, all relevant information
concerning the date of filing, the date for hearing and despatch and
service of the notices on the parties or the Advocates or the Attorney
General or the Additional Solicitor General or the Advocate General
as the case may be, of statements or petitions filed and/or of the
order thereon and of other proceedings in the matter before the
Committee.
11 (1) If in any enquiry pending before the Disciplinary Committee,
the complainant dies and there is no representative who is willing to
conduct the case on his behalf, the Disciplinary Committee may,

having regard to the allegations made in the complaint and the


evidence available, make a suitable order either to proceed with the
enquiry or to drop it.
(2) (a) In the case of an enquiry against only one advocate, on
his death the Disciplinary Committee shall record the
fact of such death and drop the proceedings.
(b) Where the enquiry is against more than one advocate, on
the death of one of them, the Disciplinary Committee
may continue the enquiry against the other advocate
unless it decides otherwise.
(3) No Disciplinary enquiry shall be dropped solely by reason of
its having been withdrawn, settled or otherwise compromised, or that
the complainant does not want to proceed with the enquiry.
12. Unless otherwise permitted, counsel appearing before any of the
Disciplinary Committees of the State Bar Council or Bar Council of
India shall appear in court dress.
13. The Council may from time to time issue instructions on any of
the matter provided for in these rules.
14. (1) The finding of the majority of the members of the
Disciplinary Committee shall be the finding of the Committee. The
reason given in support of the finding may be given in the form of a
judgement, and in the case a difference of opinion, any member
dissenting shall be entitled to record his dissent giving his own
reason. It shall be competent for the Disciplinary Committee to
award such costs as it thinks fit.
(2) The Registrar of the Disciplinary Committee shall send free of
charge to each of the parties in the proceedings, a certified copy of
the final order or judgement as set out in Rule 36 in this Chapter.
(3) The date of an Order made by the Disciplinary Committee

shall be the date on which the said Order is first received in the office
of the Bar Council after it has been signed by all the members
thereof. For the purpose of limitation the date of the Order shall be
the date on which the contents of the Order duly signed as aforesaid
are communicated to the parties affected thereby.
15. Save as otherwise directed by the Disciplinary Committee or the
Chairman thereof, certified copies of the records of a case pending
before the Disciplinary Committee may be granted to the parties or to
their counsel on an application made in that behalf and on payment
of the prescribed fee.
16. (1) The Secretary of a State Bar Council shall send to the
Secretary of the Bar Council of India quarterly statements of the
complaints received and the stage of the proceedings before the State
Bar Council and Disciplinary Committees in such manner as may be
specified from time to time.
(2) The Secretary of the Bar Council of India may however call for
such further statements and particulars as he considers necessary.
17. (1) The Secretary of every State Bar Council shall furnish such
particulars and send such statements as may be considered necessary
by the Secretary of the Bar Council of India for purposes of Section
36B of the Act and send all the records of proceedings that stand
transferred under the said Section.
(2) The date of receipt of the complaint or the date of the
initiation of the proceedings at the instance of the State Bar Council
shall be the date on which the State Bar Council refers the case for
disposal to its Disciplinary Committee under Section 35 (1)* .
(3) Whenever the records of proceedings are transferred under
Section 36B of the Act to the Council, the requirements in Rule 9 (2)
of this Chapter shall be followed by the Disciplinary Committee of

the State Bar Council.


B. Withdrawal of Proceedings under Section 36 of the Act
18. (1) Where a State Bar Council makes a report referred to in
Section 36 (2) of the Act, the Secretary of the State Bar Council shall
send to the Secretary of the Bar Council of India all the records of
the proceedings along with the report.
(2) An application by a person interested in the withdrawal of a
proceeding referred to in Section 36 (2) of the Act shall be signed by
him and it shall set out the necessary facts supported by an affidavit
and accompanied by the fee prescribed.
(3) For making an order on an application of a party or otherwise
under Section 36 (2) of the Act, the Disciplinary Committee of the
Bar Council of India may :
(a) call for a report of the Disciplinary Committee seized of the
proceedings;
(b)issue notice to the respondent;
(c) require the parties to file such statements as it considers
necessary;
(d) call for the records of the proceedings; and
(e) examine any witnesses.
(4) In the proceedings before the Disciplinary Committee of Bar
Council of the India under Section 36, unless otherwise directed, the
parties may appear in person or by advocate who shall file a
vakalatnama as provided for under Rule 6 (1) in this Chapter.
(5) On a consideration of the report of a State Bar Council or
otherwise the Disciplinary Committee of the Bar Council of India
shall pass such orders as it considers proper.
C. Appeal to the Bar Council of India under Section 37 of the Act
19. (1) An appeal to the Council provided for under Section 37 of

the Act, shall be in the form of a memorandum in writing as set out


in Rule 21 in this Chapter. If the appeal is in a language other than
English, it shall be accompanied by a translation thereof in English.
(2) In every appeal filed under Section 37 (1) of the Act, all
persons who were parties to the original proceedings shall alone be
impleaded as parties.
(3) Save as otherwise directed by the Disciplinary Committee of
the Council, in an appeal by the advocate against an order under
Section 35, in case of death of the complaintant the legal
representatives of the complainant shall be made parties.
20. (1) An appeal may be presented by the appellant or his advocate
or by his recognised agent in the office of the Bar Council of India or
sent by registered post with acknowledgement due so as to reach the
Secretary, Bar Council of India on or before the last day of
limitation.
(2) Any appeal may be admitted after the period of limitation if
the appellant satisfies the Disciplinary Committee that he has
sufficient cause for not preferring the appeal within such period. Any
such application for condonation of delay shall be supported by an
affidavit.
21. (1) The memorandum of appeal referred to in Rule 19 (1) of this
Chapter shall contain necessary particulars as in Form G. The
memorandum of appeal shall state when the order was
communicated to the appellant and how it is in time.
(2) Along with the memorandum of appeal, the appellant shall
file :
(a) either the authenticated or the certified copy of the order
appealed against, signed by the Registrar of the Disciplinary
Committee, and

(b) five additional copies of the memorandum of appeal and of


the order appealed against, if there is only one Respondent;
if there is more than one Respondent, such number of
additional copies as may be necessary. All copies shall be
certified as true copies by the appellant or by his counsel.
(3) Every memorandum of appeal shall be accompanied by the
prescribed fees in cash. In case the memo is sent by post, it shall be
accompanied by the M.O. Receipt issued by the Post Office.
(4) If the papers filed in an appeal are not in order, the Registrar
shall require the appellant to remove such defects within a specified
time.
22. (1) Subject to the provisions contained in Rule 29 (2) in this
chapter, the Chairman of the Executive Committee or in his absence
the Vice-Chairman of the Executive Committee or such other
member authorised in this behalf by the Council shall have the
power to allocate matters relating to the Disciplinary Committee,
save when any such case has been allotted by the Council to any
particular Disciplinary Committee.*
(2) Any matter allotted to a particular Disciplinary Committee
which has not been heard may be reallocated to a different
Disciplinary Committee.
(3) Notwithstanding the provisions of Rule 30 in this Part, the
Chairman of any Disciplinary Committee shall have powers to issue
interim orders on urgent matters which may be placed before him by
the Registrar.
23. Subject to any resolution of the Bar Council of India in this
behalf relating to the places of hearing, the Chairman of the
Disciplinary Committee concerned shall fix the date, hour and place
for the hearing of the appeal.

24. (1) The appellant shall be required to file six typed sets of the
following papers properly paged and indexed if there is only one
Respondent and as many more sets as there may be additional
respondents for the use of the Disciplinary Committee and by the
other parties and for the record :(a) the complaint, statement in the defence of the advocate,
(b) the evidence oral and documentary and such other papers on
which parties intend to rely.
(c) any other part of the record as may be directed by the
Committee.
Where any of the above papers is in a language other than
English, English translations thereof shall be filed.
(2) The Respondent shall, if he so desires, or if so called upon,
file six sets of typed papers of any part of the record on which he
intends to rely. He shall also file English translations of such papers
as are not in English.
25. The Registrar shall give notices to the parties or their advocates
or their recognised agents informing them of the date, time and place
of the hearing of the appeal.
A copy of the memorandum of appeal shall be sent to the
respondent along with the notice of the appeal.
26.
(1) No appeal filed under Section 37 of the Act against an order
of punishment of an advocate shall be permitted to be withdrawn on
account of settlement or compromise or adjustment of the claim
against the advocate.
(2) Every appeal filed under Section 37 of the Act by or against an
advocate shall abate on the death of the advocate so far as he is
concerned.
27. In regard to appearance of a party in the appeal, Rule 6 of this

chapter will apply.


28. (1) The Registrar shall issue notice to the State Council
concerned for the complete records to be sent to the Council.
(2) The Registrar of the State Council concerned shall send along
with the records a list containing particulars under the following
columns and comply with such other directions as may be issued.
Serial No. Date of Description of Page No.
of Document Document Document
D. Application for Stay, and other matters
29. (1) An application for stay made under Section 40, sub-section
(1) or (2) of the Act shall be accompanied by an affidavit and the
fees, if any prescribed by the rules of the Council made under
Section 49(1)(h) of the Act. Where the affidavit is not in English, a
translation thereof in English shall be filed. The applicant shall file
with his application at least five copies of the application, and the
affidavit and as many additional copies thereof as there are
respondents. Where the application is not in English five copies with
translation thereof in English shall also be filed.
In every application for stay made to the Council, the applicant
shall state if any application has been made to the State Council and
the orders thereon.
(2) Before a matter is allotted to a Disciplinary Committee under
Rule 22 above, the Registrar may obtain orders on applications for
interim stay or other urgent applications from the Chairman of any of
the Disciplinary Committees.
The orders passed under this sub-rule shall be communicated to
the parties and to the Secretary of the Bar Council concerned.
30. After allotment of a case under Rule 22 in this Chapter to a
Disciplinary Committee, the Registrar may obtain its orders on any

matter of an emergent nature arising therein, by circulation.


30A. The Disciplinary Committee of the Bar Council of India shall
exercise all the powers exercised by the Civil Court or Court of
Appeal under C.P.C.*
31. The order of the Disciplinary Committee disposing of an appeal
shall be communicated to the parties. The date of an order made by
the Disciplinary Committee shall be the date on which the said order
is first received in the office of the Council after it has been signed
by all the members thereof.
E. Rules applicable to all proceedings before the Disciplinary
Committee of the State Bar Councils and the Bar Council of
India.
32. The Rules in this Chapter so far as may be, shall apply to all
proceedings of the Disciplinary Committee of State Bar Councils or
of the Bar Council of India.
Proceedings to be in camera
33. All the proceedings before the Disciplinary Committee shall be
held in camera.
Inspection of records and copies
34. (1) Save as otherwise directed by the Disciplinary Committee or
the Chairman thereof, inspection of any of the records in any
proceeding before the Disciplinary Committee may be permitted to
the parties or their advocates on presentation of an application duly
signed by the applicant or his advocate and on payment of the
prescribed fee on any working day except during the summer or
other vacations of the Supreme Court.
(2) An application for inspection shall be made to the Registrar
of the Disciplinary Committee. The Registrar of the Disciplinary
Committee may permit the inspection in his presence or in the

presence of any member of the staff authorised by him.


The person inspecting shall not be entitled to make copies of the
record of which inspection is granted. He shall, however, be
permitted to make short notes in pencil.
(3) Save as otherwise directed by the Disciplinary Committee or
the Chairman thereof, certifited copies of the records of a case
pending before the Disciplinary Committee may be granted to the
parties or to their counsel on an application made in that behalf and
on payment of the prescribed fee.
(4) A copy of a final judgement in a decided case may be given
to any person applying for the same on payment of the prescribed
fee therefor, provided however that the name of the advocate against
whom the proceedings were taken shall be omitted.
Order awarding Costs : Decretal Order
35. (1) All orders where costs are awarded in disciplinary
proceedings shall specify the amount of costs awarded and also state
the party against whom the order is made and the time within the
amount is payable.
(2) As soon as possible after the order is made by the
Disciplinary Committee, in respect of every order where costs are
awarded to any of the parties, a decretal order shall be drawn up as
in Form J- 1/J-2 at the end of this Chapter signed by the Secretary of
the State Bar Council or the Council as the case may be, as Registrar
of the Disciplinary Committee and bearing the seal of the State Bar
Council or the Council as the case may be.
(3) The Decretal Order aforesaid shall be furnished to any party
to the proceeding on application made therefor, and on payment of
the charges prescribed under the rules.
Copies of Final Orders

36. The Secretary of the State Bar Council or the Bar Council of
India as the case may be, shall send to each of the parties in the
proceedings, a certified copy of the final order made under Sections
35, 36, 36B or 37, signed by him as Registrar of the Disciplinary
Committee and bearing the seal of the State Bar Council/Bar Council
of India as the case may be. No charges shall be payable on the
copies so sent. Charges as prescribed under the rules shall however
be payable for all additional copies of the said order applied for.

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