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Section 36 of Advocates Act 1961 - Disciplinary powers of Bar Council of India

 

 

What are the Disciplinary powers of Bar Council of India? Section 36 of Advocates Act, 1961

Section 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 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, 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committee of a State Bar Council can make under sub-section (3) of section, 35 and where any proceedings have been withdrawn for inquiry before the disciplinary committee of the Bar Council of India the State Bar Council concerned shall give effect to any such order.

 

ADVOCATES ACT 1961

Section 36 : Disciplinary powers of Bar Council of India

Section 36A : Changes in constitution of disciplinary committee

Section 36B : Disposal of disciplinary proceedings

Section 37 : Appeal to the Bar Council of India

Section 38 : Appeal to the Supreme Court

 

 

Section 39 : Application of sections 5 and 12 of Limitation Act, 1963

Section 40 : Stay of order

Section 41 : Alteration in roll of advocates

Section 42 : Powers of disciplinary committee

Section 42A : Powers of Bar Council of India and other committees

 

 

Section 43 : Cost of proceedings before a disciplinary committee

Section 44 : Review of orders by disciplinary committee

Section 45 : Penalty for persons illegally practicing in courts and before other authorities

 

 

Section 46 - Payment of part of enrolment fees to the Bar Council of India

Section 46A : Financial assistance to State Bar Council

Section 47 : Reciprocity

Section 48 : Indemnity against legal proceedings

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