Section 37 in Bar Council of Uttarakhand Nainital Amendment Rules, 2014
37. Procedure how to deal with Complaints under Section 35 (sic of) Advocates Act. - The following procedure shall be adopted for deciding the complaints received for misconduct under Section 35 of the Advocate Act.
On receipt of the complaint, the secretary being ex-officio registrar of the council shall scrutinize the complaint received and if it lacks for any reason, he shall communicate to rectify the deficiency within a period of 15 days from the receipt of the notice from the registrar. If the complainant fails to comply with the instructions issued, the secretary with the approval for the chairman shall reject the complaint.In case the complaint is found well in order or after the defects have been removed as stated above the secretary/registrar shall put the complaint before the chairman who, may also ask for the comments on affidavit from the person complained against i.e. the advocate concerned.That, thereafter the complaint shall be referred to the council to find out if the complaint is prima facie maintainable. If found so the chairman shall refer the complaint to one of the disciplinary committee for its hearing on merits and disposal.In case no prima-facie case is made in the complaint, it shall be forthwith rejected and the chairman in consultation with the members may also impose penalty on the complainant for making a baseless and fictitious complaint.On receipt of the complaint, the disciplinary committee shall observe the rules and norms provided in the Advocates Act Rules framed there under and the Rules prescribed by the Bar Council of India in regard to the hearing of the complaints.The procedure to be adopted for hearing shall be extensive one and evidence may be received on affidavits.The disciplinary committee shall make every effort to dispose of the complaint within one year from the cognizance of the disciplinary committee, as per Section 36(b) of the Advocates Act, 1961.
