Thanks for your response but the act is not very clear it only talks of suspension for Misconduct and not about what happens when a Advocate is convicted wether he is barred from practice where as section 24 of the act talks about disqualification prior to enrolment and does not mention anything what happens after conviction ..
35. Punishment of advocates for misconduct.-
(1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee.
(1A) 3[ The State Bar Council may, either of its own motion or on application made to it by any person interested, withdraw a proceeding pending before its disciplinary committee and direct the inquiry to be made by any other disciplinary committee of that State Bar Council.]
(2) The disciplinary committee of a State Bar Council 4[ shall fix a date for the hearing of the case and shall cause a notice thereof to be given to the advocate concerned and to the Advocate- General of the State.
(3) The disciplinary committee of a State Bar Council after giving the advocate concerned and the Advocate- General an opportunity of being heard, may make any of the following orders, namely:--
(a) dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed;
(b) reprimand the advocate;
(c) suspend the advocate from practice for such period as it may deem fit;
(d) remove the name of the advocate from the State roll of advocates.
(4) Where an advocate is suspended from practice under clause (c) of sub- section (3), he shall, during the period of suspension, be debarred from practising in any court or before any authority or person in India.
(5) Where any notice is issued to the Advocate- General under sub- section (2), the Advocate- General may appear before the disciplinary committee of the State Bar Council either in person or through any advocate appearing on his behalf. 1[ Explanation.-- In this section, 2[ section 37 and section 38], the expressions" Advocate- General" and" Advocate- General of the State" shall, in relation to the Union territory of Delhi, mean the Additional Solicitor General of India.]
[24A. Disqualification for enrolment.—(1) No person shall be
admitted as an advocate on a State roll—
(a) if he is convicted of an offence involving moral turpitude;
(b) if he is convicted of an offence under the provisions of the
Untouchability (Offences) Act, 1955 (22 of 1955);
4[(c) if he is dismissed or removed from employment or office
under the State on any charge involving moral turpitude.
Explanation.—In this clause, the expression “State” shall have the
meaning assigned to it under Article 12 of the Constitution:]
Provided that the disqualification for enrolment as aforesaid shall
cease to have effect after a period of two years has elapsed since
his
5[release or dismissal or, as the case may be, removal].
(2) Nothing contained in sub-section (1) shall apply to a person
who having been found guilty is dealt with under the provisions
of the Probation of Offenders Act, 1958 (20 of 1958)
