28.       No woman shall be disqualified for admission to be an advocate foe reason only of her set.

 

29.       An application for admission as an advocate shall be made in the prescribed form to the Bar Council.

 

30.       (1) All applications for admission as an advocate received by the Bar Council shall be referred to its Enrolment Committee.

 

(2)        The Enrolment Committee may either grant the application or return in to the Bar Council recording its reasons for not granting the application.

 

 

(3)        Where any application is so returned, the Bar Council may, after considering the reasons recorded by the Enrolment Committee, either grant or reject the application.

 

31.       An advocate may suspend his practice in such manner as may be prescribed.

 

32. (I)  An advocate on the roll may, in She manner hereinafter provided be reprimanded, suspended or removed from practice if he is found guilty of professional or other misconduct.

 

(2)        Upon receipt of a complaint made to it by any Court or by other person that any such advocate Stan been guilty of misconduct, the Bar Council shall, if it does not summarily  reject the complaint, refer the case for disposal to n Tribunal constituted under Article 33 ( hereinafter referred •to as the Tribunal ) and may of its own motion so refer any case in which it has otherwise reason to believe Cleat any such advocate has been so guilty.

 

33. (1)  The Bar Council may constitute one or more Tribunals and each such Tribunal shall consist of three persons of whom two shall be persons elected by the Council from amongst its members and the other shall be a person co-opted by the Council from amongst the advocates on the roll, and the senior most advocate amongst the members of a Tribunal shall be its Chairman.

 

Provided that the Attorney General foe Bangladesh shall not be a member of any Tribunal.

 

(2)        Notwithstanding anything contained in this Order

 

(a)        where airy enquiry is pending before a Tribunal constituted under the Legal Practitioners and But council Act, 1965 (Act Ill of 1965), such enquiry shall be transferred to a Tribunal constituted by the Bar council under clause (I) and thereupon such Tribunal shall proceed with the enquiry from the stage at which its predecessor had left it.

 

(b)        where any enquiry is pending before a Tribunal constituted under this  Order at the time of the expiry of the term of the Bar Council, such enquiry shall be completed and disposed of by that

Tribunal;

 

Provided that the Chairman of the Bar Council may, by on order in writing, direct that any such enquiry shall be completed and disposed of

 

by a Tribunal constituted by the Bar Council under clause (1) and' thereupon theenquiry shall stand'traaaferred to such Tribunal which shall proceed with the enquiry from the stage at which its predecessor had left it.

 

34.       (1) In enquiries relating to conduct of advocates, a Tribunal shall follosv such procedure as may be prescribed.

 

(2)        The Tribunal shall fix a date for hearing of (he ease and shall cause notice of the day so fised to be given to the advocate concerned and to the Attorney General for Bangladesh and shall afford the advocate concerned and the A~lorncy General an opportanit~' of leading evidence, if any, and of being heard before ordrs are passed in the case.

 

(3)        Notwithstanding anything contained in this Order or any other law for the time being in force, the Chairman of the Tr~buual may empower one of the members of the Tribunal to consider and decide preliminary issues and ~o record evidence.

 

(4)        On completion of the enquiry the Tribunal may either dismiss the complaint or, werereference to the Tribunal was made at the motion of the Bar COuncil, direct that the proceedings be filed or it may make an order imposing any of the penalties referred to in clause (I) of Article 32.

 

(5)        Where the Tribunal makes an order for the suspension of an advocate from practice, it shall specify the period of suspension, and for that period the advocate shall be debarred from practisiug in nay

• court or before any authority or person in Bangladesh.

 

(6)        The Tribunal may make such order as to the costs of Proceedings before it as it may deem fit and where the Tribunal is elf the opinion that a complaint made against advocate is false and vaxatious, it may, in addtion, and without prejudice to any other remedy avaitable to the advocate, impose deterrent costs not exceeding a sam of five hundred tubas upon the complainane, which shall be paid to the advocate as compensation.'

 

(7)        Every order of the Tribunal as to costn or detteeretat costs shall

            •           be executable as an order of the High Court,

 

(8)        The Tribunal mny of its own motion or on application made to it in this behalf, review any order passed under clause (4) or (6) and maintain, vary or rescind the same, as it thinks fit.

 

(9)        When any advocate is reprimanded or suspended under this Order. a record of the puniament shall be entered against big usme in Cite roll and when an advocate is removed from practice his name shall forthwith be struck off the roll and the certificate of any advocate so suspended or removed shall be re-called.

 

35. (I)  For the purpose of any such enquiry as aforesaid, a Tribunal sIn 11 have the sante powers mare vested in a Court under the Code of Civil procedure, 1908 (Act V of 1908), in respect of the following matters, namely

 

(a)        enforcing the attendance of any person,

 

(In) compelling the production of documents, and

(c)        issuing commissions for the exumissation of witnesses:

 

Provided that the Tribunal shall not have power to require the attendance of the Presiding Officer of any Court save with the previous sanction of tsar High Court or, is the case of an officer of a Cr inst or Revenue Court, of the Government.

 

(2)        Every such enquiry shall be deemed to be a judicial proceeding within rhe meaning of sections 193 and 228 of the Bangladesh Penal Code (Act XLV of 1860) and a Tribunal shall be deemed to be Civil Court for the purposes of sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1998).

 

(3)        For the parpsse of enforcing e attendance of any person or compelling the production of documents or issuing commissions

 

(a)        the local limits of the jurisdiction of a Tribunal shall be those of the jurisdiction of the Bar Council and

 

(In)       a Tribunal may send to any Civil Court having jurisdiction is the place where the Tribunal is sittisg any summo~ or other process far the attendance of a witsem or the production of a document required by the Tribunal, or any commission which it desires to issue, and the Civil Court shall serve such process or issue such commission, as the case may be, and may enforce any such process as if it were a process foe attendsce or prod -tine before itsttt

 

(4)        Proceeding before a Tribunal in any such enquiry shall be deemed to be civil proceedings for Cisc purposes of section 132 of the Evidence Act, 1872 (Act I of 1872), and the provisions of that section shall apply accordingly.

 

 

36.       (l) Any person aggrieved by an order of a Tnibanal under'Arlicle

34 may, within ninety days from the date of the communicationof the order to bins, prefer an appeal to the High Court.

(2)        Every such appeal shall be heard by a Division Bench of the High Court which may pass such order thereon as it may deem fit and

•theorder of the High Court shall be final.

 

37.       The provisions of sections 5 and 12 of the Limitation Act, 1908 (Act

OX of 1908), shall so far as may be, apply to appeals made under

Article 36.

38.       An appeal utade under Arlictá 36. shall not operate as stay of the order appealed against, but the High Court may, for sufficient muse, direct the stay of such order on such terms and conditions as it may deem fit.