Power of Council to refuse registration or to remove name from Register in certain cases.

§22

Summary

(1) The Council may refuse to permit the registration, or direct the removal from the register, of the name of any person,- (a) who has been convicted of an offence involving moral turpitude ; or (b) who has been found guilty of infamous conduct in his professional capacity by a majority of at least two-thirds of the Members of the Council after a due enquiry into his conduct : Provided that, no such refusal or removal shall be made without affording such person a reasonable opportunity of being heard : Provided further that, any refusal or removal under this sub-section may be rescinded by the Council, if the conduct on the basis of which refusal or removal was directed is condoned by it for good and sufficient reasons : Provided also that, if any person, whose name has been removed from the register, such person shall forthwith surrender his certificate of registration to the Council. (2) The Council may, on receipt of reliable information regarding the death of a person whose name is entered in the register, and on making such enquiry as it may think fit, direct the removal of his name from the register and thereupon the Registrar shall cancel the entry relating to such person. (3) In holding any enquiry under clause (b) of sub-section (1), the Council shall have the same powers as are vested in Civil Courts under the Code of Civil Procedure, 1908 (V of 1908), when trying suits in respect of the following matters, namely :- (a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents ; and (c) issuing of commissions for the examination of witnesses. (4) All enquiries under this section shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (XLV of 1860). (5) For the purpose of advising the Council on any question of law arising in any enquiry under this section, there may, in all such enquiries, be an assessor who has been for not less than ten years an Advocate enrolled under the Advocates Act, 1961 (25 of 1961). (6) Any assessor under sub-section (5) may be appointed either for general enquiries or for any particular enquiry or class of enquiries, and shall be paid the prescribed remuneration.

(1) The Council may refuse to permit the registration, or direct the removal from the register, of the name of any person,- (a) who has been convicted of an offence involving moral turpitude ; or (b) who has been found guilty of infamous conduct in his professional capacity by a majority of at least two-thirds of the Members of the Council after a due enquiry into his conduct : Provided that, no such refusal or removal shall be made without affording such person a reasonable opportunity of being heard : Provided further that, any refusal or removal under this sub-section may be rescinded by the Council, if the conduct on the basis of which refusal or removal was directed is condoned by it for good and sufficient reasons : Provided also that, if any person, whose name has been removed from the register, such person shall forthwith surrender his certificate of registration to the Council. (2) The Council may, on receipt of reliable information regarding the death of a person whose name is entered in the register, and on making such enquiry as it may think fit, direct the removal of his name from the register and thereupon the Registrar shall cancel the entry relating to such person. (3) In holding any enquiry under clause (b) of sub-section (1), the Council shall have the same powers as are vested in Civil Courts under the Code of Civil Procedure, 1908 (V of 1908), when trying suits in respect of the following matters, namely :- (a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents ; and (c) issuing of commissions for the examination of witnesses. (4) All enquiries under this section shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (XLV of 1860). (5) For the purpose of advising the Council on any question of law arising in any enquiry under this section, there may, in all such enquiries, be an assessor who has been for not less than ten years an Advocate enrolled under the Advocates Act, 1961 (25 of 1961). (6) Any assessor under sub-section (5) may be appointed either for general enquiries or for any particular enquiry or class of enquiries, and shall be paid the prescribed remuneration.

← Previous Section Next Section →

Explore this Chapter