Advocates Act, 1961 — back to Table of Contents
Section 42. Powers of disciplinary committee
(1) A disciplinary committee has the same powers as a civil court under the Code of Civil Procedure, 1908 in respect of: (a) summoning and enforcing attendance and examining on oath; (b) requiring discovery and production of documents; (c) receiving evidence on affidavit; (d) requisitioning public records; (e) issuing commissions for examining witnesses/documents; (f) any other prescribed matter.
Proviso: A disciplinary committee cannot require attendance of a presiding officer of a court without the sanction of the superior High Court, or of a revenue court officer without State Government sanction.
(2) All proceedings before a disciplinary committee are deemed judicial proceedings under sections 193 and 228 of the Indian Penal Code, and the committee is deemed a civil court for specified purposes of the Code of Criminal Procedure.
(3) A disciplinary committee may route summons or commissions through a civil court for enforcement.
(4) Proceedings may continue despite the absence of the Chairman or a member on a fixed hearing date, but final orders under section 35(3) require the Chairman and all members to be present.
(5) Where no final order can be made for want of majority opinion, the case is laid before the Chairman (or Vice-Chairman, if the Chairman is a committee member) of the Bar Council concerned, whose opinion the final order follows.
