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The Bangladesh Legal Practitioner's and Bar Council Order, 1972 (President's Order)

( ACT NO. 46 Of 1972 )

34. (1) In enquires relating to conduct of advocates, a Tribunal shall follow such procedure as may be prescribed.
 
 
 
 
 
 
(2) The Tribunal shall fix a date for hearing of the case and shall cause notice of the day so fixed to be given to the advocate concerned and to the Attorney-General for Bangladesh and shall afford the advocate concerned and the Attorney-General an opportunity of leading evidence, if any, and of being heard before orders 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 Tribunal may empower one of the members of the Tribunal to consider and decide preliminary issues and to record evidence.
 
 
 
 
(4) On completion of the enquiry the Tribunal may either dismiss the complaint or, where reference 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 (1) 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 practising in any 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 of the opinion that a complaint made against advocate is false and vexatious, it may, in addition, and without prejudice to any other remedy available to an advocate, impose deterrent costs not exceeding a sum of five hundred rupees upon the complainant, which shall be paid to the advocate as compensation.
 
 
 
 
(7) Every order of the Tribunal as to costs or deterrent costs shall be executable as an order of the High Court.
 
 
 
 
(8) The Tribunal may, 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 punishment shall be entered against his name in the 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.

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