Section 40:
Stay of order.
1[(1)] 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[(2) Where an application is made for stay of the order before the expiration of the time allowed for
appealing therefrom 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.]
Notes:
1. Section 40 re-numbered as sub-section (1) of that section by s. 30, ibid. (w.e.f. 31-1-1974).
2. Ins. by s. 30, ibid. (w.e.f. 31-1-1974).