Advocates Act, 1961
40. Stay of order. -
[(1) (Note:- Section 40 renumbered as sub-section (1) thereof
and sub-section (2) ins. by Act 60 of 1973, sec.30) ] An appeal, made under
section 37 or section 38, shall not operate as a stay of the order appealed
against, but the disciplinary committee of the Bar Council of India or the
Supreme Court, as the case may be, may for sufficient cause direct the stay of
such order on such terms and conditions as it may deem fit.
(2) [ (Note:- Section 40 renumbered as sub-section (1) thereof
and sub-section (2) ins. by Act 60 of 1973, sec.30 Where an application is
made for the stay of the order before the expiration of the time allowed for
appealing there from under Section 37 or Section 38, the disciplinary committee
of the State Bar Council, or the disciplinary committee of the Bar Council of
India, as the case may be, may, for sufficient cause, direct the stay of such
order on such terms and conditions as it may deem fit.]