PROVIDED that the order of suspension shall cease to be in force when the Advocate concerned pays the amount along with a late fee of Rs. 50/- and obtain a certificate in this behalf from the State Bar Council.
43. An Advocate who has been convicted of an offence mentioned under section 24A of the Advocates Act has been declared insolvent or has taken full time service or part time service or engages in business or any avocation inconsistent with his practising as an Advocate or has incurred any disqualification mentioned in the Advocates Act or the rules made there under, shall send a declaration to that effect to the respective State Bar Council in which the Advocate is enrolled, within ninety days from the date of such disqualification. If the Advocate does not file the said declaration or fails to show sufficient cause for not filing such declaration provided therefor, the Committee constituted by the State Bar Council under rule 42 may pass orders suspending the right of the Advocate to practise:
PROVIDED that it shall be open to the Committee to condone the delay on an application being made in this behalf :
PROVIDED FURTHER that an Advocate who had after the date of his enrolment and before the coming into force of this rule, become subject to any of the disqualifications mentioned in this rule, shall within a period of ninety days of the coming into force of this rule send declaration referred to in this rule to the respective State Bar Council in which the Advocate is enrolled and on failure to do so by such Advocate all the provisions of this rule would apply.
44. An appeal shall lie to the bar councils of India at the instance of an aggrieved Advocate within a period of thirty days from the date of the order passed under Rules 42 and 43.
44A. (1) There shall be a Bar Council of India Advocates Welfare Committee, consisting of five members elected from amongst the members of the Council. The term of the members of the Committee shall be co-extensive with their term in the Bar Council of India.
(2) (i) Every State Council shall have an Advocate Welfare Committee known as Bar Council of India Advocates Welfare Committee for the State.
(ii) The Committee shall consist of member Bar Council of India from the State concerned who shall be the Ex-Officio Chairman of the Committee and two members elected from amongst the members.
(iii) The Secretary of the State Bar Council concerned will act as Ex-Officio Secretary of the Committee.
(iv) The term of the member, Bar Council of India in the Committee shall be co-extensive with his term in the Bar Council of India.
(v) The term of the members elected from the State Bar Council shall be two years.
(vi) Two members of the Committee will form a quorum of any meeting of the Committee.
(3) Every State Bar Council shall open an account in the name of the Bar Council of India Welfare Committee for the State, in any Nationalised Bank.
(4) No amount shall be withdrawn from the Bank unless that cheque is signed by the Chairman of the Welfare Committee and its Secretary.
(5) The State Bar Council shall implement Welfare Schemes approved by the Bar Council of India through Advocates Welfare Committee as constituted under sub-clause (2)(i). The State Bar Councils may suggest suitable modifications in the Welfare Schemes of suggest more schemes, but such modification or such suggested schemes shall have effect only after approval by the Bar Council of India.