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Rules applicable to disciplinary proceedings

Click here to see the Advocates Act, 1961

Click here to see Parts I, II and III of the Bar Council of India Rules

Click here to see Part IV of the Bar Council of India Rules (Rules on Legal Education)

Click here to see Parts V, VI, VII, VIII and IX of the Bar Council of India Rules

Proceedings to be in camera

All the proceedings before the Disciplinary Committee shall be held in camera.

Inspection of Records and Copies

Inspection of any of the records in any proceeding before the Disciplinary Committee may be permitted to the parties. They have to present an application duly signed by the applicant or his advocate. They also have to pay a prescribed fee. The permission is given on any working day except during the summer or other vacations of the Supreme Court.

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 with a  pencil.

Copies of Records and Judgments

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.

A copy of a final judgment in a decided case may be given to any person applying for the same on payment of the prescribed fee. However, the name of the advocate against whom the proceedings were taken shall be omitted.

Order Awarding Costs

All orders where costs are awarded in disciplinary proceedings shall specify the amount of costs awarded. It shall also state the party against whom the order is made and the time within which the amount is payable.

As soon as possible after such an 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. This is signed by the Secretary of the State Bar Council or the Bar Council of India as the case may be, as Registrar of the Disciplinary Committee and bearing the seal of the State Bar Council or the Bar Council of India as the case may be.

This decretal order shall be furnished to any party to the proceeding on application made and on payment of the charges prescribed under the rules.

Copies of Final Orders

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.

It shall be 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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