Section 44 of THE ADVOCATES ACT, 1961 __________
Review of orders by disciplinary committee.
The disciplinary committee of a Bar Council may of
its own motion or otherwise review any order 4[within sixty days of the date of that order,] passed by it under this Chapter:
↩2.Ins. by Act 60 of 1973, s. 32 (w.e.f. 31-1-1974).
↩3.Ins. by s. 33, ibid. (w.e.f. 31-1-1974).
↩4.Ins. by s. 34, ibid. (w.e.f. 31-1-1974).
1. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974), ss. 345(1), 346 and 349.
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.
Summary
- A disciplinary committee can review any order it has passed previously.
- They can start this review because they chose to (on their own motion) or because someone asked them to.
- There is a strict time limit of sixty days from the date of the original order to perform this review.
- If a State Bar Council committee passes a review order, it has no effect unless it is approved by the Bar Council of India.
- This review process allows committees to fix errors or reconsider decisions.
Practical examples
FAQ
1. Can a committee change its mind after it has punished a lawyer?
Yes, they can review and change their order within sixty days.
2. Do I need a special reason to ask for a review?
The Act says "on its own motion or otherwise," meaning they have the flexibility to review an order if they see a reason to do so.
3. What happens if I wait 70 days to ask for a review?
You would be too late, as the law sets a strict limit of sixty days from the date of the order.
4. Is a review from a State Bar Council final?
No, it only takes effect if the Bar Council of India approves it.
5. Can the committee start a review without me asking?
Yes, they can do it "of their own motion."
Test yourself
1.Under Section 44 of THE ADVOCATES ACT, 1961 __, what is the time limit for a disciplinary committee to review its own order?
2.Under Section 44 of THE ADVOCATES ACT, 1961 __, what must happen before a State Bar Council's review order can take effect?
3.Under Section 44 of THE ADVOCATES ACT, 1961 __, who can initiate a review of a disciplinary order?
4.Under Section 44 of THE ADVOCATES ACT, 1961 __, from what date is the sixty-day review period calculated?