[2016(3) MLJ 714]in which it held that since the disciplinary committee is a creature of the State Bar Council, what such a disciplinary committee can do can always be done by the State Bar Council. 4. If the Bar Council decides to intervene, it will step in as the Complainant. Notice to Bar Council (1) An Advocate and Solicitor shall within 14 days of any change: (a) in the address of his/her place of practice; or (b) of his/her place of practice (eg if he/she moves to another firm); notify the Bar Council in writing in the form and manner as the Bar The Disciplinary Committee is charged with considering complaints lodged by members of the public concerning members of the legal profession. (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). While section 24A disqualifies a person from being enrolled as an advocate on a conviction for an offence involving moral turpitude, section 35 provides for disciplinary proceedings against an advocate for professional or other misconduct, which may result in reprimand, suspension from practice or even removal from the rolls of the concerned Bar Council. 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, and every such disciplinary committee shall be deemed to be a civil court for the purposes of sections 480, 482 and 485 of the Code of Criminal Procedure, 1898. The period of one year has come to an end on 27-1-1992. Section 35 of Advocate Act 1961 provides for punishment for professional misconduct or other misconduct. 31 of 1991 on the file of the disciplinary committee no. Members of ADDC specialize in State Bar discipline defense and possess a unique understanding of … 1 initiated the proceedings on 27-1-1991. If you have lost your password, you must set a new password. Senior Advocate Prashant Bhushan is now facing Bar Council of India’s disciplinary proceedings for ‘professional misconduct.’ The Disciplinary Committee of the State Bar Council, after giving the advocate concerned and therefore the Advocate-General a chance of being heard, may make any of the subsequent orders, namely: Admittedly, respondent no. Advocates Act, 1961. The bar council on proper investigation starts with the proceedings after which it can pronounce its decision under section 36/37 of the act and if the parties are not satisfied with the decision of the Bar Council of India then the party has an option to file an appeal in the apex court of the country against the order within a time period of 60 days from the date of order. 6. (3) The Disciplinary Committee of the State Bar Council is authorised to inflict punishment, including removal of his name from the rolls of the Bar Council and suspending him from practice for a period deemed fit by it, after giving the Advocate concerned and the 'Advocate General' of the State an opportunity of hearing. Hence, it may be declared that proceedings in d. C. E. No. To begin this process, please key in your 12-digit NRIC No. If the Bar Council decides to intervene in the complaint, am I involved in the inquiry thereafter? The disciplinary committee of a State Bar Council shall dispose of the complaint received by it under Section 35 expeditiously and shall conclude within a period of one year from the date or the receipt of the complaint or the date of initiation of the proceedings at the instance of the State Bar Council, failing which such proceedings shall stand transferred to the Bar Council of India. The Advocates & Solicitors Disciplinary Board of Malaysia was established in 1992 pursuant to section 93 of the Legal Profession Act, 1976. It is an independent body, and hence independent of the Malaysian Bar. (2) Disciplinary Committee of the Bar Council of India may either on 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 any proceedings for disciplinary action against any advocate pending before the disciplinary committee of the State Bar Council and dispose of the same. 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. Proceedings under section 35 of the Advocates' Act 1961 was No. To intervene in the inquiry thereafter the legal profession to intervene, No further action will be taken the! 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