Search Results on rules for query: "BAR COUNCIL OF INDIA RULES PART-I TO III"
Related Section(s)(1) There shall be a Bar Council--
(a) for each of the States of Andhra Pradesh, Bihar, Gujarat, 1[Jammu and Kashmir], 2[Jharkhand], 3[Madhya Pradesh and Chhattisgarh], 4***, 5***, 6[Karnataka], Orissa, 7[Rajasthan, Telangana 8[Uttar Pradesh], 9[Uttaranchal, Meghalya, Manipur and Tripura]] to be known as the Bar Council of that State; 10[(b) for the States of Arunachal Pradesh, Assam, Mizoram and Nagaland to be known as the Bar Council of Arunachal Pradesh, Assam, Mizoram and Nagaland;] (c) for the State of Kerala and the Union territory of 11[Lakshadweep] to be known as the Bar Council of Kerala; 12(cc) for the 13[State of Tamil Nadu] and the Union territory of Pondicherry to be known as the Bar Council of Madras;] 14[(ccc) for the States of Maharashtra and Goa and the Union territories of Dadra and Nagar Haveli and and Daman and Diu, to be known as the Bar Council of Maharashtra and Goa;] 15[(d) for the States of Punjab and Haryana and the Union territory of Chandigarh, to be known as the Bar Council of Punjab and Haryana; (dd) for the State of Himachal Pradesh, to be known as the Bar Council of Himachal Pradesh;] (e) for the State of West Bengal and the 16[Union territory of Andaman and Nicobar Islands], to be known as the Bar Council of West Bengal; and (f) for the Union territory of Delhi, to be known as the Bar Council of Delhi. (2) A State Bar Council shall consist of the following members, namely: (a) in the case of the State Bar Council of Delhi, the Additional Solicitor-General of India, ex officio; 17[18[in the case of the State Bar Councils of Assam, Arunachal Pradesh, Mizoram and Nagaland, the Advocate-General of each of the States of Assam, Arunachal Pradesh , Mizoram and Nagaland] ex officio; in the case of the State Bar Council of Punjab and Haryana, the Advocate-General of each of the States of Punjab and Haryana, ex officio;] and in the case of any other State Bar Council, the Advocate-General of the State, ex officio; 19[(b) in the case of a State Bar Council with an electorate not exceeding five thousand, fifteen members, in the case of a State Bar Council with an electorate exceeding five thousand but not exceeding ten thousand, twenty members, and in the case of a State Bar Council with an electorate exceeding ten thousand, twenty-five members, elected in accordance with the system of proportional representation by means of the single transferable vote from amongst advocates on the electoral roll of the State Bar Council:] 20[Provided that as nearly as possible one-half of such elected members shall, subject to any rules that may be made in this behalf by the Bar Council of India, be persons who have for at least ten years been advocates on a State roll, and in computing the said period of ten years in relation to any such person, there shall be included any period during which the person has been an advocate enrolled under the Indian Bar Councils Act, 1926 (38 of 1926).] 21[(3) There shall be a Chairman and a Vice-Chairman of each State Bar Council elected by the Council in such manner as may be prescribed. (3A) Every person holding office as Chairman or as Vice-Chairman of any State Bar Council immediately before the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), shall, on such commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be: Provided that every such person shall continue to carry on the duties of his office until the Chairman or the Vice-Chairman, as the case may be, of each State Bar Council, elected after the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), assumes charges of the office.] 21[(4) An advocate shall be disqualified from voting at an election under sub-section (2) or for being chosen as, and for being, a member of a State Bar Council, unless he possesses such qualifications or satisfies such conditions as may be prescribed in this behalf by the Bar Council of India, and subject to any such rules that may be made, an electoral roll shall be prepared and revised from time to time by each State Bar Council. (5) Nothing in the proviso to sub-section (2) shall affect the term of office of any member elected before the commencement of the Advocates (Amendment) Act, 1964 (21 of 1964), but every election after such commencement shall be held in accordance with the provisions of the rules made by the Bar Council of India to give effect to the said proviso.] 22[(6) Nothing in clause (b) of sub-section (2) shall affect the representation of elected members in any State Bar Council as constituted immediately before the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), until that State Bar Council is reconstituted in accordance with the provisions of this Act.]
1. Ins. by Act 60 of 1973, s. 4 (w.e.f. 31-1-1974).
2. Ins. by Act 30 of 2000, s. 28 (w.e.f. 15-11-2000). 3. Subs. by Act 28 of 2000, s.24, for "and Madhya Pradesh" (w.e.f. 1-11-2000). 4. The word "Madras" omitted by Act 26 of 1968, s. 3 and Sch. 4. 5. The word "Maharashtra" omitted by Reg. 8 of 1963, s. 12 (w.e.f. 1-7-1965). 6. Subs. by the Mysore State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974, for "Mysore" (w.e.f. 1-11-1973). 7. Subs. by Act 6 of 2014, s. 34, for "Rajasthan, Uttar Pradesh" (w.e.f. 2-6-2014).br 8. Subs. by Act 29 of 2000, s. 29, for "and Uttar Pradesh" (w.e.f. 9-11-2000). 9. Subs. by Act 26 of 2012, s. 9, for "and Uttaranchal" (w.e.f. 23-3-2013). 10. Subs. by Acts 26 of 2012, s. 9, for clause (b) (w.e.f .23-3-2013). 11. Subs. by "the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973 (34 of 1973), s. 5, for the Laccadive, Minicoy and Amindivi Islands" (w.e.f. 1-11-1973). 12. Ins. by Act 26 of 1968, s. 3 and the Sch. 13. Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1970, for "State of Madras" (w.e.f. 14- 1-1969). 14. Subs. by Act 18 of 1987, s. 21, for clause (ccc) (w.e.f. 30-5-1987). 15. Subs. by Act 53 of 1970, s. 24, for clause (d) (w.e.f. 25-1-1971). 16. Subs. by Act 81 of 1971, s. 34, for "Union territories of Tripura and the Andaman and Nicobar Islands" (w.e.f. 21-1-1972). 17. Ins. by Act 60 of 1973, s. 4 (w.e.f. 31-1-1974). 18. Subs. by Act 26 of 2012, s. 9, for "in the case of the State Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, the Advocate-General of each of the States of Assam, Manipur, Meghalaya, Nagaland and Tripura" (w.e.f. 23-3-2013). 19. Subs. by Act 60 of 1973, s. 4, for clause (b) (w.e.f. 31-1-1974). 20. Ins. by Act 21 of 1964, s. 2 (w.e.f. 16-5-1964). 21. Subs. by Act 38 of 1977, s. 2, for sub-sections (3) and (3A) (w.e.f. 31-10-1977). 22. Ins. by Act 60 of 1973, s. 4 (w.e.f. 31-1-1974). 1[2[48AA. Review.-- The Bar Council of India or any of its committees, other than its disciplinary
committee, may of its own motion or otherwise review any order, within sixty days of the date of that order,
passed by it under this Act.]
1. Ins. by Act 21 of 1964, s. 19 (w.e.f. 16-5-1964)
. 2. Ins. by Act 60 of 1973, s. 37 (w.e.f. 31-1-1974). 1[(1)] The Bar Council of India may
make rules for discharging its functions under this Act, and, in particular, such rules may prescribe--
2[(a) the conditions subject to which an advocate may be entitled to vote at an election to the State Bar Council including the qualifications or disqualifications of voters, and the manner in which an electoral roll of voters may be prepared and revised by a State Bar Council; (ab) qualifications for membership of a Bar Council and the disqualifications for such membership; (ac) the time within which and the manner in which effect may be given to the proviso to sub-section (2) of section 3; (ad) the manner in which the name of any advocate may be prevented from being entered in more than one State roll; (ae) the manner in which the seniority among advocates may be determined; 3[(af) the minimum qualifications required for admission to a course of degree in law in any recognised University;] (ag) the class or category of persons entitled to be enrolled as advocates; (ah) the conditions subject to which an advocate shall have the right to practise and the circumstances under which a person shall be deemed to practise as an advocate in a court;] (b) the form in which an application shall be made for the transfer of the name of an advocate from one State roll to another; (c) the standards of professional conduct and etiquette to be observed by advocates; (d) the standards of legal education to be observed by Universities in India and the inspection of Universities for that purpose; (e) the foreign qualifications in law obtained by persons other than citizens of India which shall be recognised for the purpose of admission as an advocate under this Act; (f) the procedure to be followed by the disciplinary committee of a State Bar Council and by its own disciplinary committee; (g) the restrictions in the matter of practice to which senior advocates shall be subject; 4[(gg) the form of dresses or robes to be worn by advocates, having regard to the climatic conditions, appearing before any court or tribunal;] (h) the fees which may be levied in respect of any matter under this Act; 5[(i) general principles for guidance of State Bar Councils and the manner in which directions issued or orders made by the Bar Council of India may be enforced; (j) any other matter which may be prescribed:] 6[Provided that no rules made with reference to clause (c) or clause (gg) shall have effect unless they have been approved by the Chief Justice of India:] 7[Provided further that] no rules made with reference to clause (e) shall have effect unless they have been approved by the Central Government. 7[(2) Notwithstanding anything contained in the first proviso to sub-section (1), any rules made with reference to clause (c) or clause (gg) of the said sub-section and in force immediately before the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), shall continue in force until altered or repealed or amended in accordance with the provisions of this Act.]
1. Section 49 re-numbered as sub-section (1) of that section by Act 60 of 1973, s. 38 (w.e.f. 31-1-1974).
2. Subs. by Act 21 of 1964, s. 20, for clause (a) (w.e.f. 16-5-1964). 3. Subs. by Act 60 of 1973, s. 38, for clause (af) (w.e.f. 31-1-1974). 4. Ins. by s. 38, ibid. (w.e.f. 31-1-1974). 5. Subs. by Act 21 of 1964, s. 20, for clause (i) (w.e.f. 16-5-1964). 6. Subs. by Act 60 of 1973, s. 38, for "Provided that" (w.e.f. 31-1-1974). 7. Ins. by s. 38, ibid. (w.e.f. 31-1-1974). 1[(1)] The functions of the Bar Council of India shall be
2* * * * * (b) to lay down standards of professional conduct and etiquette for advocates; (c) to lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of each State Bar Council; (d) to safeguard the rights, privileges and interests of advocates; (e) to promote and support law reform; (f) to deal with and dispose of any matter arising under this Act, which may be referred to it by a State Bar Council; (g) to exercise general supervision and control over State Bar Councils; (h) to promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils; (i) to recognise Universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities 3[or cause the State Bar Councils to visit and inspect Universities in accordance with such directions as it may give in this behalf]; 4[(ia) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest; (ib) to organise legal aid to the poor in the prescribed manner; (ic) to recognise on a reciprocal basis foreign qualifications in law obtained outside India for the purpose of admission as an advocate under this Act;] (j) to manage and invest the funds of the Bar Council; (k) to provide for the election of its members; (l) to perform all other functions conferred on it by or under this Act; (m) to do all other things necessary for discharging the aforesaid functions. 4[(2) The Bar Council of India may constitute one or more funds in the prescribed manner for the purpose of-- (a) giving financial assistance to organise welfare schemes for indigent, disabled or other advocates; (b) giving legal aid or advice in accordance with the rules made in this behalf. 5[(c) establishing law libraries.] (3) The Bar Council of India may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under that sub-section.]
1. Section 7 re-numbered as sub-section (1) of that section by Act 60 of 1973, s. 7 (w.e.f. 31-1-1974).
2. Clause (a) omitted by s. 7, ibid. (w.e.f. 31-1-1974). 3. Added by Act 70 of 1993, s. 3 (w.e.f. 26-12-1993). 4. Ins. by Act 60 of 1973, s. 7 (w.e.f. 31-1-1974). 5. Ins. by Act 70 of 1993, s. 3 (w.e.f. 26-12-1993). (1) There shall be a Bar Council for the territories to which this Act extends to
be known as the Bar Council of India which shall consist of the following members, namely:--
(a) the Attorney-General of India, ex officio; (b) the Solicitor-General of India, ex officio; 1* * * * * (c) one member elected by each State Bar Council from amongst its members. 2[(1A) No person shall be eligible for being elected as a member of the Bar Council of India unless he possesses the qualifications specified in the proviso to sub-section (2) of section 3.] 3[(2) There shall be a Chairman and a Vice-Chairman of the Bar Council of India elected by the Council in such manner as may be prescribed. (2A) A person holding office as Chairman or as Vice-Chairman of the Bar Council of India immediately before the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), shall, on such commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be: Provided that such person shall continue to carry on the duties of his office until the Chairman or the Vice-Chairman, as the case may be, of the Council, elected after the commencement of the Advocates (Amendment) Act, 1977 (38 of 1977), assumes charge of the office.] 4[(3) The term of office of a member of the Bar Council of India elected by the State Bar Council shall,-- (i) in the case of a member of a State Bar Council who holds office ex officio, be two years from the date of his election 5[or till he ceases to be a member of the State Bar Council, whichever is earlier]; and (ii) in any other case, be for the period for which he holds office as a member of the State Bar Council: Provided that every such member shall continue to hold office as a member of the Bar Council of India until his successor is elected.]
1. Clause (bb) omitted by Act 38 of 1977, s. 3 (w.e.f. 31-10-1977).
2. Ins. by Act 60 of 1973, s. 5 (w.e.f. 31-1-1974). 3. Subs. by Act 38 of 1977, s. 3, for sub-sections (2) and (2A) (w.e.f. 31-10-1977). 4. Ins. by Act 21 of 1964, s. 3 (w.e.f. 16-5-1964). 5. Ins. by Act 60 of 1973, s. 5 (w.e.f. 31-1-1974). 1[9. Disciplinary committees.-- (1) A Bar Council shall constitute one or more disciplinary committees,
each of which shall consist of three persons of whom two shall be persons elected by the Council from
amongst its members and the other shall be a person co-opted by the Council from amongst advocates who
possess the qualifications specified in the proviso to sub-section (2) of section 3 and who are not members of
the Council, and the senior-most advocate amongst the members of a disciplinary committee shall be the
Chairman thereof.
(2) Notwithstanding anything contained in sub-section (1), any disciplinary committee constituted prior to the commencement of the Advocates (Amendment) Act, 1964 (21 of 1964) may dispose of the proceedings pending before it as if this section had not been amended by the said Act.]
1. Subs. by Act 21 of 1964, s. 5, for section 9 (w.e.f. 16-5-1964).
1[9A. Constitution of legal aid committees-- (1) A Bar Council may constitute one or more legal aid
committees each of which shall consist of such number of members, not exceeding nine but not less than five,
as may be prescribed.
(2) The qualifications, the method of selection and the term of office of the members of a legal aid committee shall be such as may be prescribed.]
1. Ins. by Act 60 of 1973, s. 9 (w.e.f. 31-1-1974).
(1) A State Bar Council shall
constitute the following standing committees, namely:--
(a) an executive committee consisting of five members elected by the Council from amongst its members; (b) an enrolment committee consisting of three members elected by the Council from amongst its members. (2) The Bar Council of India shall constitute the following standing committees, namely:-- (a) an executive committee consisting of nine members elected by the Council from amongst its members; (b) a legal education committee consisting of ten members, of whom five shall be persons elected by the Council from amongst its members and five shall be persons co- opted by the Council who are not members thereof. (3) A State Bar Council and the Bar Council of India may constitute from amongst its members such other committees as it may deem necessary for the purpose of carrying out the provisions of this Act. (1) A State Bar Council shall refer every
application for admission as an advocate to its enrolment committee, and subject to the provisions of
sub-sections (2) and (3) 1[and to any direction that may be given in writing by the State Bar Council in this
behalf], such committee shall dispose of the application in the prescribed manner:
2[Provided that the Bar Council of India may, if satisfied, either on a reference made to it in this behalf or otherwise, that any person has got his name entered on the roll of advocates by misrepresentation as to an essential fact or by fraud or undue influence, remove the name of such person from the roll of advocates after giving him an opportunity of being heard.] (2) Where the enrolment committee of a State Bar Council proposes to refuse any such application, it shall refer the application for opinion to the Bar Council of India and every such reference shall be accompanied by a statement of the grounds in support of the refusal of the application. (3) The enrolment committee of a State Bar Council shall dispose of any application referred to the Bar Council of India under sub-section (2) in conformity with the opinion of the Bar Council of India. 1[(4) Where the enrolment committee of a State Bar Council has refused any application for admission as an advocate on its roll, the State Bar Council shall, as soon as may be, send intimation to all other State Bar Councils about such refusal stating the name, address and qualifications of the person whose application was refused and the grounds for the refusal.]
1. Ins. by Act 21 of 1964, s. 14 (w.e.f.16-5-1964).
2. The proviso added by s. 14, ibid. (w.e.f. 16-5-1964) 1[48A. Power of revision-- (1) The Bar Council of India may, at any time, call for the record of any
proceeding under this Act which has been disposed of by a State Bar Council or a committee thereof, and
from which no appeal lies, for the purpose of satisfying itself as to the legality or propriety of such disposal
and may pass such orders in relation thereto as it may think fit.
(2) No order which prejudicially affects any person shall be passed under this section without giving him a reasonable opportunity of being heard.]
1. Ins. by Act 21 of 1964, s. 19 (w.e.f. 16-5-1964).
(1) A Bar Council may make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-- 1[(a) the election of members of the Bar Council by secret ballot including the conditions subject to which persons can exercise the right to vote by postal ballot, the preparation and revision of electoral rolls and the manner in which the results of election shall be published;] 2* * * * * 3[(c) the manner of election of the Chairman and the Vice-Chairman of the Bar Council;] (d) the manner in which and the authority by which doubts and disputes as to the validity of an election to the Bar Council 3or to the office of the Chairman or Vice-Chairman shall be finally decided; 4* * * * * (f) the filling of casual vacancies in the Bar Council; (g) the powers and duties of the Chairman and the Vice-Chairman of the Bar Council; 5[(ga) the constitution of one or more funds by a Bar Council for the purpose of giving financial assistance or giving legal aid or advice referred to in sub-section (2) of section 6 and sub-section (2) of section 7; (gb) organisation of legal aid and advice to the poor, constitution and functions of committees and sub-committees for that purpose and description of proceedings in connection with which legal aid or advice may be given;] (h) the summoning and holding of meetings of the Bar Council, 6*** the conduct of business thereat, and the number of members necessary to constitute a quorum; (i) the constitution and functions of any committee of the Bar Council and the term of office of members of any such committee; (j) the summoning and holding of meetings, the conduct of business of any such committee, and the number of members necessary to constitute a quorum; (k) the qualifications and the conditions of service of the secretary, the accountant and other employees of the Bar Council; (l) the maintenance of books of accounts and other books by the Bar Council; (m) the appointment of auditors and the audit of the accounts of the Bar Council; (n) the management and investment of the funds of the Bar Council. (3) No rules made under this section by a State Bar Council shall have effect unless they have been approved by the Bar Council of India.
1. Subs. by s. 12, for clause (a), ibid. (w.e.f. 31-1-1974).
2. Clause (b) omitted by s. 12, ibid. (w.e.f. 31-1-1974). 3. Ins. by Act 38 of 1977, s. 5 (w.e.f. 31-10-1977). 4. Clause (e) omitted by Act 23 of 1966, s. 3 (w.e.f. 3-9-1966). 5. Ins. by Act 60 of 1973, s. 12 (w.e.f. 31-1-1974). 6. The words "the times and places where such meetings are to be held" omitted by s. 12, ibid. (w.e.f. 31-1-1974). |
