Section 40 in Bar Council of Uttarakhand Nainital Amendment Rules, 2014
40. Affiliation of Bar Associations. - It is mandatory for each and every Bar Association functioning in Uttarakhand get itself affiliated with the State Bar Council of Uttarakhand. Every Bar Association to be affiliated must have at least 25 members on its roll. The Council may however relax the limitation of minimum members.
Every Bar Association shall, along with the application for affiliation shall furnish a certified copy of its Constitution/By-laws.No Bar Association shall have any advocate as its member who is not enrolled with the State Bar Council of Uttarakhand. It will be obligatory for the President and secretary of the Bar Association to inform the name and other particulars of advocates not enrolled with the State Bar Council of Uttarakhand who might be practicing independently at the place where the Bar Association functions or any such advocate who has been practicing for more than 6 months and have not got their names transferred to the roll of State Bar Council of Uttarakhand to enable the State Bar Council to take necessary action against such advocates since Practicing at any place in Uttarakhand without having been transferred to the roll of the Council comes within the purview of misconduct as defined in Section 35 of the Advocates Act and invite Bar as prescribed in Rule 34 of the rules framed by the Bar Council of India under the Advocates Act.Every bar association adopt the model by-laws made by Bar Council of Uttarakhand and approved by Bar Council of India.The affiliation fee will be hence forth Rs 10,000 for the Bar Association functioning at the district headquarter and Rs 5000 for any other Bar Association at Tehsil level. The Bar Association shall also submit a renewal application for the affiliation after every two year in the month of January and submit Rs 2000 for District level Bar 1000 for Tehsil level Bar renewal fee with the State Bar Council.An advocate shall cast His/Her vote only once in a year in one Bar, no matter whether He/She is the Member of any other Bar Association.An Advocate shall provide an affidavit to ensure the procedure of "One Bar One Vote" and shall provide the information in the above affidavit that where and which Bar Association do He/She wants to cast His/Her vote.If any Advocate casts His/Her vote more than one time in a year in any other Bar Association, the Bar Council shall be ensured to take action against such Advocate under Section 35 of Advocates Act, 1961.The Bar Council of Uttarakhand shall give necessary instructions to all the Bar Associations of Uttarakhand to ensure that their Elections shall be held on the date fixed by them.The concerned Bar shall intimate the Uttarakhand Bar Council before one month in writing prior to the elections. In case of failing to inform about the abovesaid election process in writing to the Bar Council, the affiliation of the said Bar Association shall be cancelled.At the time of Election there shall be Two Members of the Bar Council of Uttarakhand, Nainital, who may (sic be) present at the time of voting as Observers who shall have rights to investigate any controversial harmony and shall be liable to present the report within 10 days before the Bar Council, on with the final decision will be taken in the General House Meeting of the Bar Council of Uttarakhand.Once the Elections are over, the Observers are entitled to take the voter list and the list of the total numbers of voters who have exercised their voting rights at the said Bar Association and will be liable to hand over their reports within 10 days at the Bar Council Office, thereafter the Bar Council shall ensure the further proceedings.
