Union of India - Act
Bar Council Of India Rules
UNION OF INDIA
India
India
Bar Council Of India Rules
Rule BAR-COUNCIL-OF-INDIA-RULES of 1965
- Published on 15 January 1965
- Commenced on 15 January 1965
- [This is the version of this document from 15 January 1965.]
- [Note: The original publication document is not available and this content could not be verified.]
300.
Rules made by the Bar Council of India in exercise of its rule-making powers under the Advocates Act, 1961.Part I – DEFINITIONS
Definitions.- In these rules, unless the context otherwise requires,-Part II – Matters Relating To The Bar Council Of India
Chapter I
[Rules under section 15(2)(c), (d), (f) and (g) read with sections 4 and 10-B of the Act]
A. ELECTION OF MEMBERS OF THE COUNCIL1. Notice of every meeting of the Council and committees shall ordinarily be sent by the Secretary not less than 15 days before the date of the meeting except when the Chairman requires a meeting to be called on short notice on grounds of urgency. If any five or more members of the Council require in writing, a meeting to be called on short notice of not less than 10 days for consideration of specified matters, the Secretary shall convene the meeting on such date as requisitioned and the agenda for such meeting shall include matters specified by such members. No proceeding shall be invalidated merely on the ground that the rule relating to notice is not strictly complied with.
2.
3. The election of a member of the Council shall be conducted by the Secretary of the State Council who shall act as the Returning Officer.
4. A person elected as a member of the Council under section 4(1)(c) of the Act shall cease to be such member-
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6.
7. Every notice by the Secretary of the State Council fixing a date for the election of a member to the Council under these rules shall be sent not less than 15 clear days before the date fixed for the election. A copy of the said notice shall be sent simultaneously to the Secretary of the Council.
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11. [
A member of the Council elected as Chairman or Vice-Chairman or member of any Committee of the Council, shall cease to hold office as such Chairman,Vice-Chairman or member of Committee on the expiry of his term as a member of the Bar Council of India.][11-A.No member shall have the right to resign from the membership of the Bar Council of India on grounds which are not considered genuine or for the purpose of sharing the terms fixed by the Statute.]C. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN12.
13. If the Chairman or the Vice-Chairman ceases to be a member of the Council for any reason, the vacancy shall be filled up by election as far as possible at the next meeting of the Council.
14. The result of the election of the Chairman or the Vice-Chairman shall be sent forthwith to the Gazette of India for publication.
D. POWERS AND DUTIES OF THE CHAIRMAN AND VICE-CHAIRMAN15. Save as otherwise provided in these rules, and subject to the resolutions of the Council, the Chairman shall exercise general control and supervision over the affairs of the Council.
16. He shall preside over the deliberations of the Council and of all Committees of which he is a member.
q Save as otherwise decided at a meeting of the Council or the Committee, as the case may be, he shall cause the meetings of the Council or the Committee convened at such time as he may fix. He shall also settle the items for agenda for the meetings of the Council.18. He shall have power to pass interim orders in revisional and other matters arising out of the supervisory jurisdiction of the Council.
19. He shall have power to punish any employee of the Council by way of censure or reprimand and may initiate proceedings for suspension, removal or dismissal.
20. He shall be the authority to sanction the disbursement of salaries of the staff and to order payment of any bill outstanding against the Council.
21. The Vice-Chairman shall exercise all the powers and discharge all the functions of the Chairman in his absence and under his direction.
22. [
On a motion of "No Confidence" being passed by Bar Council of India by a Resolution passed by majority of not less than 3/4th of the Members present and voting and such majority passing "No Confidence Motion" is more than 2/3rd of the total number of members constituting the Bar Council for the time being,the Chairman or Vice-Chairman or any other office bearer against whom the motion is passed shall cease to hold office forthwith.Notwithstanding anything contained in the Act or the rules made thereunder, the Chairman or Vice-Chairman shall not preside over the meeting in which motion of"No Confidence" is discussed against him and such meeting shall be convened on a notice of at least one month. The Chairman or the Vice-Chairman shall have the right to vote, speak or take part in the proceeding of the meeting.]Chapter II
Meetings Of Council And Its Committees Other Than Those Of The Disciplinary committees
[Rules under section 15(2)(h) and (j) of the Act]1. Notice of every meeting of the Council and the Committees shall ordinarily be sent by the Secretary not less than 15 days before the date of the meeting,except when the Chairman or any two members require a meeting to be called on short notice on grounds of urgency. No proceedings shall be invalidated merely on the ground that the rule relating to notice is not strictly complied with.
2. Notice of the meeting shall specify the time and place of the meeting and shall contain the agenda fixed for the meeting.
3. No member shall be entitled to bring forward for the consideration of the meeting any matter of which he has not given ten days 'notice to the Secretary,unless the Chairman, in his discretion, permits him to do so.
4. The minutes of the previous meeting shall ordinarily be read and recorded at the subsequent meeting.
5. The quorum for the meeting of the Council shall be seven and for all other Committees except the Executive Committee and the Legal Education Committee,the quorum shall be two. The quorum for the Executive Committee and the Legal Education Committee shall be four.
6. If urgent action by the Council or by any Committee of the Council other than a Disciplinary Committee becomes necessary, the Chairman of the Council or of such Committee, as the case may be, may permit the business to be transacted by circulation of papers to the members of the Council or the Committee, as the case may be. The action proposed to be taken shall not be taken unless agreed to by a majority of the members of the Council or the Committee, as the case may be. The action so taken shall be forthwith intimated to all the members of the Council or the Committee concerned. The papers shall be placed before the next meeting of the Council or the Committee concerned for confirmation.
7. The Council or any Committee may adjourn from day to day or any particular day, without further notice.
8. A member shall address the chair when speaking at a meeting of the Council and he shall be entitled to speak only once on each subject, unless otherwise required or permitted by the Chairman to do so.
9. Save as otherwise provided in these rules, the decision on any matter shall be by majority, and in the case of equality of votes, the Chairman of the meeting shall have a second or casting vote.
10. No matter once decided shall be reconsidered for a period of three months unless the Council by a two-third majority of the members present so permits.
11. Any Committee may refer for advice any matter to the Council.
12. In the absence of the Chairman and the Vice-Chairman at any meeting, a member chosen by members present shall preside at the meeting.
Chapter III
Constitution, Functions And Procedure Of Committees Of The Bar Council Of India
[Rules under sections 9, 9-A, 10 and 15(2)(i) and (j) of the Act]1. The Council may appoint from amongst its members, one or more Committees as it may deem necessary, in addition to those specified in the Act and delegate such powers, duties and functions to such Committees as it deems fit.
2. Any casual vacancy in the above Committees shall be filled up by the Council.
3. Save where the Chairman or the Vice-Chairman is a member of the Committee or the Sub-Committee, the Committee or the Sub-Committee shall choose its Chairman for the meeting, unless at the time of the constitution thereof the name of the Chairman has been specified.
4. Unless otherwise determined at the time of election, the term of the members of the Committees of the Council shall be as follows:-
2. years
| (a)Executive Committee | |
| (b) Disciplinary Committee | 3 years |
| (c) Legal Education Committee | 4 years. |
| (d) Legal Aid Committee | 2years. |
| (e) Advocates Fund Committee | 2years. |
| (f) Any other Committee not falling under the above 2 years. | 2 years. |
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6.
7. A casual vacancy in the Committee shall be filled in by the Council from amongst its members or non-members as the case may be, in the manner specified in rule 6 above.
8. The Committee shall have the following powers and duties:-
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10. For the purpose of determining the senior-most member of a Disciplinary Committee under section 9 of the Advocates Act, 1961, the seniority-
11.
Election of Representatives .-The procedure for electing its representative to the Press Council of India under Press Council Act, 1965, or for electing any other representative or representatives by or from amongst its members to any other statutory body by virtue of any special power conferred under any other enactment or for any other election by the Council provided that any member so requires, shall be in accordance with the same procedure and shall in so far as it may be applicable, be as laid down in rule 12, Chapter I, Part II.[CHAPTER IV [Chapter IV in Part II amended w.e.f. 1.4.1997. ] Qualifications And Conditions Of Service Of The Secretary, Accountant And Other members Of The Staff[Rules under-section 15(2)(k) of the Act]BAR COUNCIL OF INDIA EMPLOYEES SERVICE RULES, 19971. These rules shall be called "Bar Council of India Employees Service Rules,1997" .
2. These rules shall come into force from the date to be specified by the Executive Committee.
3. Under the rules, the appointing authority shall mean Executive Committee of the Bar Council of India except in the case of Secretary as provided in Chapter-III, rule 5(4)(e) of the Bar Council of India Rules.
4. The qualifications and conditions of service of the Secretary, Accountant and other members of staff are those as specified in Schedule I to these rules.
5. Recruitment shall be by direct appointment/promotion of the employees in the Bar Council of India as provided in the First Schedule to these rules.
6. That for the purpose of direct recruitment, vacancies shall be advertised in atleast one daily newspaper.
7. That recruitment/promotion to the post shall only be made in the case of vacancy.
8. That for recruitment/promotion a person must possess qualifications as provided in Schedule I to these rules.
9. In case it is not possible to find eligible person for promotional post it may be filled by direct recruitment but the person must possess eligibility criteria as prescribed under Schedule I.
10. That for the recruitment to the service of the Bar Council of India the incumbent 's minimum age shall not less than 21 years and not more than 35years on the date of appointment except for the posts of Secretary and Accountant.
11. The Secretary, the Accountant and other members of the staff shall retire on attaining the age of 60 years provided that in case the Executive Committee so recommends and the Council approves, they may be given extension for a period not exceeding two years.
[Explanation.-An employee of the Council shall retire on the forenoon of the last day of the month in which he attains the prescribed age of superannuation.However, an employee whose date of birth is the first of a month, shall retire on the afternoon of the last day of the preceding month.]12. (i) That promotion shall be made on the basis of seniority-cum-merit upto grades of Assistants.
13. That it shall be necessary to maintain annual confidential records of all employees of the Bar Council of India. The annual confidential records of the Secretary shall be maintained by the Chairman and records of all other employees shall be maintained by the Secretary who shall place it with his remarks before the Chairman of the Bar Council of India annually and if a person is aggrieved by any adverse communication of remark, he can file an appeal before the Executive Committee of the Bar Council of India.
14. That the post of Chowkidar/Peon/Gardener and Guest Room Attendant shall be inter-changeable regardless of their appointment.
15. The pay scale and allowances of the employees and other conditions of the service shall be as determined by the Executive Committee and approved by the Bar Council of India.
16. (i) The pay scales of the Secretary and members of staff are those as specified in Schedule II to these rules.
17. All the permanent employees of the Council shall be entitled to the benefit of provident fund and gratuity in accordance with the rules framed by the Executive Committee and approved by the Bar Council of India.
18. That strength of posts in the Bar Council of India shall be as specified in the Second Schedule to the rules.
19. The posts re-designated shall cease to exist. The post not mentioned in Schedule II shall also cease to exist as soon as the employees holding the post demits the office.
20.
Chapter V
Rules Relating To Finance
[Rules under-section 15(2)(l), (m) and (n) of the Act]1. All monies received on behalf of the Council shall be acknowledged by a receipt signed by the Secretary or any other person authorised by the Executive Committee. Amounts received shall be credited into the account of the Council in the Bank on the next working day of the Bank.
2. The books of account and registers shall be strongly bound and paged. On the1st or title page, the number of pages of the book or the register shall be entered and the entry shall be signed by the Secretary. Corrections in the entries shall be made in red ink and attested by the Accountant. Erasures shall on no account be permitted.
3. Receipt forms shall be numbered consecutively and bound into books of 50 or100 forms each. On the front page of each book shall be entered the first and the last number of the receipts in that book be so certified by the Secretary. Receipts shall be in triplicate. The third part shall remain in the book and the second part shall be kept for the record. And the first part shall be given to the payee. All receipts shall be signed by the Secretary or by such person as the Council may direct.
4. Payments of Rs. 50 and over shall ordinarily be by cheque.
5. Bills presented for payment shall be examined by the Accountant and on his being satisfied that the claim is admissible, and the payment is duly authorised by the Secretary, the Accountant shall pay the amount against a receipt. The entry in the account book shall show if the payment is made by cash or by cheque. The bill and the relevant receipt shall be pasted together and shall be numbered consecutively in the year as payment voucher and shall be pasted in the bound book.
6. Salary bills shall be in such form as the Executive Committee may direct.
7. A bill presented for payment three months after the money becomes due shall not be paid without sanction of the Executive Committee.
8. The Executive Committee may fix the amount of a permanent advance to be made to the Secretary and the Accountant, as the case may be.
9. The Accountant shall maintain an acquittance register in the following form/or in such other form as the auditor may direct:-
DesignationPayDearness allowances,etcTotal salary (add Cols.3 and 4)Contribution towards provident fundNet salary payable (Col.5 minus 6)Instalment amount towards provident fund loan takenAmount of interest payable on the principal loan amount outstandingTotalSignature with date.| Name | ||||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
10. All monies received and spent shall be immediately brought into account in the cash book and ledger. The cash book shall be balanced at the close of every month and signed by the Secretary and the Accountant.
[10-A. The Bar Council of India shall have power to borrow money from any Bank or other Financial Institution or others for the purposes of acquiring or construction of any property or building on a specific authorisation of the Bar Council of India.10.
-B. That for the purpose of borrowing, the Bar Council of India may authorise any officer or office bearer to sign necessary documents.] [Rr. 10-A and 10-B came into force w.e.f. 11.2.1990. ][10-C. The Bar Council of India shall have power to mortgage property belonging to the Council for the purpose of taking loans from Banks and other Financial Institutions.] [R.10-C came into force w.e.f. 22.4.1990. ]11.
12. The Chairman and/or the Vice-Chairman shall be the authority to sanction travelling allowance and daily allowance bills of the members.
13. The accounts of the Council shall be audited once a year.
14. The annual statement of income and expenditure of the year so audited shall be laid before the Executive Committee not later than the 31st July each year.
15. The funds of the Council may be invested as follows:-
16. Budget estimates of Income and Expenditure for the coming year shall be made by the Executive Committee and laid before the Council for approval before the 31st March every year.
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18. All monies and securities belonging to the Council shall stand in the name of the Council.
19. The Council shall open a Provident Fund account in a Bank authorised by the Council in accordance with the Provident Fund Rules.
Chapter VI
Publication Of Rules And Other Information And Date Of Coming Into Force Of The rules
A. MISCELLANEOUS[Rules under-sections 7(m) and 49(j) of the Act]1. Unless the Council otherwise directs, all rules of the Council shall come into force on the date of their publication in the Gazette of India.
2. Information, interalia, on the following matters shall, unless the Council determines otherwise, be communicated to all the State Councils:-
3. Subject to such directions, specific or general, as may be given by the Council, the Secretary shall send to all the State Bar Councils copies of all final orders of the Disciplinary Committees of the Bar Council of India made under sections 36, 36-B and 37 of the Act.
4. Subject to such directions, specific or general, as may be given by the Council, the Secretary of the Council may furnish certified copies of the orders mentioned in rule 3 on payment of the charge of Re. 1 after deleting the name of the Advocate against whom the enquiry is made for publication in any legal journal or to any Bar Association as may apply therefor:
Provided that copies of the orders mentioned in this rule shall not be issued(a) where an appeal has been filed in the Supreme Court, before the disposal of the appeal, and (b) where no such appeal has been preferred to the Supreme Court, before the expiry of the period of limitation for filing the appeal.5. Whenever any disciplinary action is taken or confirmed by the Disciplinary Committee or the Council, as the case may be, against an Advocate, information there of shall be communicated by reference to the name and number of the roll of the Advocates and the date of the enrolment to the following:-
All the State Bar Councils, through the State Bar Council where the Advocate was practising, the High Court, the District Courts, and such Bar Association as the said State Bar Council may deem fit.B. INSPECTION OF RECORDS AND COPIES6.
Chapter VII
Proceedings For Removal Of Name From Roll Under Proviso To Section 26(1) Of The act
1. Whenever a State Council, or any Committee duly authorised by the State Council has credible information from any source whatever that an Advocate on the roll of the State Council has obtained his enrolment under circumstances which, if established, will render his name liable to be removed by the Council under the proviso to section 26(1) of the Act, it shall be the duty of the State Council or the said Committee to enquire into the matter and report its findings to the Council.
In holding such enquiry the Council or the Committee shall hear the Advocate concerned and otherwise follow the principles of natural justice.2. In disposing of any proceedings under the said proviso, whether instituted on a report under rule 1 or otherwise, the Council may, if it considers it just and expedient, cause an enquiry into disputed questions of fact to be made by any State Council or Committee thereof or any other Committee consisting of one or more persons it may deem fit. The State Council or the Committee, as the case may be, shall follow the procedure mentioned in rule 1.
Chapter VIII
Additional Qualification For Enrolment As Advocates
Any person who has held office as a Judge of any High Court in India may on retirement, be admitted as an Advocate on the roll of any State Council where he is eligible to practise.Chapter IX
Revision Under Section 48-A Of The Act
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3. The Council may, after hearing the petitioner, direct notice to the respondent or dismiss the petition, as it may consider fit.
4. Upon notice being issued under the above rules after giving reasonable opportunity of hearing to the parties, the Council may pass such order on the revision petition as it deems proper.
5. Unless the Council otherwise specially directs, the petitioner and the respondent may appear by Advocates, who shall file a vakalatnama signed by the party.
6. A copy of the order on the revision shall be sent to the parties.
Chapter X
Application For Review Under Section 48-Aa Of The Act
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2. The procedure prescribed in the above rules in this Chapter shall apply to the extent to which they are applicable when the Council acts of its own motion.
Chapter XI
Orders Of The Bar Council Of India
1. Every decision of the Council under the proviso to section 26(1) or under-section 48-A or under any other provisions of the Act shall be signed by the Chairman of the meeting at which the said decision was taken or if so authorised by any other member or the Secretary on behalf of the Council.
2. The Secretary shall send to the party or parties concerned, a copy of the order free of charges.
Part III – CERTAIN MATTERS RELATING TO STATE COUNCIL
Chapter I
Electoral Roll, Disqualification Of Membership And Vacation Of Office
[Rules under-sections 3(4), 10-B, 15(2)(a) and 49(1)(a) and (ab) of the Act]1. Every Advocate whose name is on the Electoral Roll of the State Council shall be entitled to vote at an election.
2. The name of an Advocate appearing in the State Roll shall not be on the Electoral Roll, if on information received or obtained by the State Bar Council concerned on the basis of which it is satisfied that-
3. Subject to the provisions of rule 2, the name of every Advocate entered in the State Roll shall be entered in the Electoral Roll of the State Council.
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5. The final Electoral Roll shall be prepared after incorporating such changes as may be necessary including the addition of the names of Advocates enrolled after the preparation of the preliminary roll and put up on the notice board of the State Council not more than 75 clear days and not less than 60 clear days before the date of election. (Intimation of such publication shall be given within a week after the publication to the Bar Association aforesaid).
Revision of Electoral Roll6. If for any reason the election to the State Council is postponed beyond the date of expiry of the term of its members, the preliminary or the final Electoral Roll shall be revised so as to include therein the names of Advocates enrolled up to 75clear days before the date of the election.
Particulars to be maintained in the Electoral Roll7. The Electoral Roll of the State Council shall, inter alia, contain the following particulars:-
8. The nomination of any person who at the date of scrutiny thereof is subject to any of the disqualifications referred to in rule 2, shall be rejected.
Application of these rules:9. These rules shall govern elections of all State Bar Councils to be held after these rules are enforced, and all State Bar Councils holding the elections of their members shall prepare their Electoral Rolls in terms of these rules.
10. An elected member of the State Council shall be deemed to have vacated his office-
11. [ No election shall be called in question for any non-compliance of the provisions of the Act or of any rules made thereunder unless the results of the election in so far as it concerns a returned candidate or candidates have been materially affected.] [Added w.e.f. 2.5.1981. ]
Chapter II
Rules To Secure At Least A Minimum Number Of Advocates Of 10 Years 'standing
[Rules under-section 3(2)(b) and proviso, sections 3(5) and 49(1)(ac) of the Act]1. (a) These rules shall apply to the election of members of all the State Councils in India.
2. The elections of members of the State Councils shall be in conformity with the proviso to section 3(2) of the Act and these rules.
3. There shall be no limit to the number of candidates on the State Rolls for at least 10 years that could be declared elected under these rules.
4. In the case of an election by a State Council for electing all the members specified in section 3(2)(b) of the Act, the following procedure shall be adopted in the counting of votes:-
Election of candidates with quota(A)If,at the end of any count, or at the end of the transfer of any parcel or sub-parcel of an excluded candidate the value of the voting papers credited to a candidate is equal to or greater than the quota, then, he shall be declared elected:Provided that-(i)No candidate whose name has not been on the State Roll for at least 10years shall be elected under section 3(2)(b) and the proviso thereto of the Act-(a)if 7 candidates of less than 10 years 'standing in the case of a State Council where 15 members are to be elected, have been declared elected; or(b)if 10 candidates of less than 10 years 'standing in the case of a State Council where 20 members are to be elected, have been declared elected; or(c)if 12 candidates of less than 10 years 'standing in the case of a State Council where 25 members are to be elected, have been declared elected.(ii)If at the end of any count, there are two or more candidates, who have not been on the State Rolls for at least 10 years, getting more than the quota as aforesaid, but the number of candidates that can yet be elected from such category under the proviso to section 3(2)(b) is less than that number, the candidate who has obtained the greater value of votes shall be declared elected in preference to the candidate whose value of votes is less.(iii)In the case of two or more persons of the category referred to in proviso(ii) above, getting the same value of votes at the end of any count, the Secretary or other Returning Officer conducting the election shall decide by lot which of such persons shall be declared elected.(iv)The other candidate or candidates not declared elected as aforesaid by reason of the proviso to section 3(2)(b) of the Act and these rules shall be excluded from the poll as provided in rule 4(b) of these rules.Exclusion of candidates lowest on poll or who have been on rolls for less than 10 years(B)(1) The Secretary or Returning Officer conducting the election shall exclude from the poll-(i)when there are two or more candidates who have obtained more than the quota the candidate who cannot be declared elected under proviso (i) to rule 4(a) of these rules;(ii)the candidates lowest in the poll in the following order, after all the surpluses have been transferred as provided in the rules of the State Council with regard to transfer of surplus and the number of candidates elected is less than the required number and after the exclusion from the poll, if any, under sub-clauses (i) of this sub-rule.First such candidates whose names are on the State Roll for less than 10 years,if the number of such candidates declared elected as provided for in these rules-(a)7 in the case of a State Council where in all 15 members have to be elected; or(b)10 in the case of a State Council where in all20 members have to be elected; or(c)12 in the case of a State Council where in all 25 members have to be elected;Next the other candidatesIllustration No. 1 .- At an election to a State Council where under the Act and these rules, the total number of elected members is 20,300 is arrived at as the quota. At the end of account, when there is no further surplus to be distributed, M and N are the contesting candidates.M whose name has not been on the State Rolls for at least 10 years gets 150, andN whose name has been on the State Rolls for more than 10 years gets 100.Only 9 candidates whose names have been on State Rolls for at least 10 year shave already been declared elected. Hence, M has to be excluded and the voting papers of M will be there after transferred as provided in these rules.If in the same case, 10 candidates whose names have been on a State Roll for not less than 10 years had already been declared elected, N will be excluded. The voting papers of Nwill be transferred as provided in these rules.Illustration No. 2 .-At an election to a State Council where under the Act and these rules, the total number of elected members is 15,300 is arrived at as the quota. At the end of account, when there is no further surplus to be distributed, M and N are the contesting candidates.M whose name has not been on the State Rolls for at least 10 years gets 100.N whose name has been on the State Rolls for more than 10 years gets 100.Only 7 candidates whose names have been on a State Roll for at least 10 years have already been declared elected. Hence, M has to be excluded and the voting papers of M will be thereafter transferred as provided in these rules.If in the same case, 8 candidates whose names have been on a State Roll for not less than 10 years had already been declared elected, N will be excluded. The voting papers of Nwill be transferred as provided in these rules.Illustration No. 3 .-At an election to a State Council where under the Act and these rules, the total number of elected members is 25,300 is arrived at as the quota. At the end of account, when there is no further surplus to be distributed, M and N are the contesting candidates.M whose name has not been on the State Rolls for at least 10 years gets 150, andN whose name has been on the State Rolls for more than 10 years gets 100.Only 12 candidates whose names have been on a State Roll for at least 10 years have already been declared elected. Hence, M has to be excluded and the voting papers of M will be thereafter transferred as provided in these rules.If in the same case, 13 candidates whose names have been on a State Roll for not less than 10 years had already been declared elected, N will be excluded. The voting papers of Nwill be transferred as provided in these rules.Part IV – There shall be two streams of law course leading to LL.B Degree viz. a five-year and a three-year law course for the purposes of enrolment as Advocates as prescribed under the rules contained in section A and section B respectively given hereunder.
Section AFive-Year Law Course After 10+2 Or 11+11. The five-year course of law after 10+2 or 11+1 shall comprise two parts viz. Part I which will be a two-year core programme of pre-law study and Part II which will be a three-year programme for professional training in law.
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4. The students shall be required to put in minimum attendance of 66% of the lectures on each of the subjects as also at the moot courts and practical training course:
Provided that in exceptional cases for reasons to be recorded and communicated to the Bar Council of India, the Dean of the Faculty of Law or Principal of Law Colleges may condone attendance short of those required by this rule, if the student had attended 66% of the lectures in the aggregate for the semester or annual examination, as the case may be.5. Lateral entry will be permitted to Part II of the five-year law course to a candidate who is a graduate of a University, or possesses such academic qualifications which are considered equivalent to a graduate 's degree of a University by the Bar Council of India.
6.
7. Individual Universities may frame their own rules of admission to Part II in such manner that post-graduates as well as graduates may be able to get admission.
8.
9.
2. papers.
| General English (Graduate Standard) (Part I and Part II) | |
| Political Science (Part I Part II and Part III) | 3 papers |
| Economics | 1 Paper |
| Sociology | 1 Paper |
| History | 1 Paper |
| History of Courts Legislature and Legal Profession in India | 1 Paper |
1. Jurisprudence.
2. Contract-I (General Principles of Contract-Sections 1-75 and Specific Relief).
3. Contract-II (Indian Contract Act, Indian Partnership Act, Sale of Goods Act and other Specific Contracts).
4. Tort and Consumer Protection Laws.
5. Family Law-I.
6. Family Law-II.
7. Law of Crimes.
8. Criminal Procedure Code, Juvenile Justice Act and Probation of Offenders Act.
9. Constitutional Law.
10. Property Law including Transfer of Property Act and Easement Act.
11. Law of Evidence.
12. Civil Procedure Code and Limitation Act.
13. Legal Language/Legal Writing including General English.
14. Administrative Law.
15. Company Law.
16. Human Rights and International Law.
17. Arbitration, Conciliation and Alternate Dispute Resolution Systems.
18. [Environmental law including laws for the protection of the wild life and other living creatures including animal welfare.] [Substituted by Resolution No. 48/2001. ]
19. Labour Law.
20. Interpretation of Statutes.
21. Land Laws including ceiling and any other local Laws.
1. International Economic Law.
2. Bankruptcy Laws.
3. Taxation Laws.
4. Comparative Law/Legal History.
5. Insurance Law.
6. Conflict of Laws.
7. Banking Law including Negotiable Instruments Act.
8. Investment and Security Law.
9. Trusts, Equity and Fiduciary Relationships.
10. Criminology and Penology.
11. Air and Space Law.
12. Law and Medicine.
13. Women and Law relating to Child/Law, Poverty and Development.
14. Intellectual Property Law.
15. Maritime Law.
1. Moot Court, Pre-Trial Preparations and participation in Trial Proceedings.
2. Drafting, Pleading and Conveyancing.
3. Professional Ethics, Accountancy for Lawyers and Bar-Bench Relations.
4. Public Interest Lawyering, Legal Aid and Para-Legal Services.
The following Practical Training Scheme shall be adopted by the Universities:-PAPER I : MOOT COURT, PRE-TRIAL PREPARATIONS AND PARTICIPATION IN TRIALPROCEEDINGSThis paper will have three components of 30 marks each and a viva for 10 marks.(a)Moot Court (30 Marks):Every student will do at least three moot courts in a year with 10 marks for each. The moot court work will be on assigned problems and it will be evaluated for 5 marks for written submissions and 5 marks for oral advocacy.(b)Observance of Trial in two cases, one civil and one criminal (30 marks):Students will attend two trials in the course of the last two or three years of LL.B. studies. They will maintain a record and enter the various steps observed during their attendance on different days in the Court assignment. This scheme will carry 30 marks.(c)Interviewing techniques and pre-trial preparations (30 marks):Each student will observe two interviewing sessions of clients at the Lawyers'Office/Legal Aid Office and records the proceedings in a diary which will carry15 marks. Each student will further observe the preparation of documents and Court papers by the Advocate and the procedure for the filing of the suit/petition. This will be recorded in the diary which will carry 15 marks.(d)The fourth component of this paper will be viva voce examination on all the above three aspects. This will carry 10 marks.PAPER II : DRAFTING, PLEADING AND CONVEYANCINGThe course will be taught class instructions and simulation exercises,preferably with assistance of practising lawyers/retired Judges. Apart from teaching the relevant provisions of law, the course will include 15 exercises in Drafting carrying a total of 45 marks and 15 exercises in Conveyancing carrying another 45 marks (3 marks for each exercise).Note .-(a)Drafting:General principles of drafting and relevant substantive rules shall be taught.(b)Pleading:10. For each paper there shall be lecture classes for at least three hours and one hour of tutorial work per week.
11. The examination shall ordinarily be held at the end of the every six months. The University shall, however, be at liberty to hold examinations at the end of every year. Suitable allocations of subjects for six months or one year, as the case may be, shall be made by the University and the same shall be intimated to the Bar Council of India.
12. Full-time teachers of law including the Principal of the College shall ordinarily be holders of a Master 's degree in law and where the holders of Master 's degree in law are not available, persons with teaching experience fora minimum period of 10 years in law may be considered. Part-time teachers other than one with LL.M. degree shall have a minimum practice of five years at the Bar.
13. The teaching load of full-time and part-time teachers shall be according to the norms prescribed by the U.G.C. from time to time.
14. The salaries paid to the Principal, full-time and part-time teachers shall be according to the scales recommended by the U.G.C. from time to time.
15. Other benefits like D.A., C.L.A. (Compensatory Local Allowance), House Rent Allowance, Provident Fund, etc., shall be according to the norms prescribed by the Universities concerned from time to time.
16. A Law College affiliated to a University shall be June, 1, 1987 be an independent Law College and shall cease to be a department attached to a College.
17.
18. The Bar Council of India shall cause a Law College affiliated to a University to be inspected by a Committee to be appointed by it for the purpose when-
(a)An application for approval of affiliation of a new College is received by it or its suo motu decides in order to ensure that the standards of Legal Education laid down by it are being complied with.(b)The application for approval of affiliation of a new College shall be addressed to the Secretary,Bar Council of India, and shall be sent only through the Registrar of the university concerned with his recommendations and the application be accompanied by an inspection fee of Rs. 50,000.(c)The College and/or the University concerned shall furnish all the information to the Committee of Inspection and the Bar Council of India as and when required, and shall co-operate with them in every possible manner in the conduct of inspection.(d)(1) The Inspection team before recommending approval of affiliation to a new Law College should, inter alia, make a specific recommendation as to why such a Law College is required at the same place/are a where the Law College is proposed to be started keeping in view the total number of existing Law Colleges in the place/area in particular and the State in general.19.
20. If the Universities located in States where the 10+2 or 11+1 school system is not yet in vogue, propose to start the five-year LL.B. Course under these rules, they will be free to do so.
21. The Bar Council of India may issue directives from time to time for maintenance of the standards of Legal Education. The College/University is expected to follow them as compulsory.
22. The Questionnaire framed as per Schedule II by the Bar Council of India as amended from time to time, to be answered by the applicant for affilation shall be deemed to be directives issued under this rule.
23. Whenever approval of affiliation is granted to the Law College, it shall be necessary for the College to deposit in cash Rs. 1,00,000 (one lakh) in the shape of guarantee to fulfil all the norms of the Bar Council of India. The same shall be liable to be forfeited if the norms are not complied with and the same shall carry no interest.
Section BThree-Year Law Course After Graduation1.
2.
3. The students shall be required to put in a minimum attendance of 66% of the lectures on each of the subjects as also at tutorials, moot Courts and practical training course:
Provided that in exceptional cases for reasons to be recorded and communicated to the Bar Council of India, the Dean of the Faculty of Law and the Principal of Law Colleges may condone attendance short of those required by the rule, if the student had attended 66% of the lectures in the aggregate for the semester or examination, as the case may be.4.
5.
1. Jurisprudence.
2. Contract-I (General Principles of Contract-Sections 1-75 and Specific Relief).
3. Contract-II (Indian Contract Act, Indian Partnership Act, Sale of Goods Act and other Specific Contracts).
4. Tort and Consumer Protection Laws.
5. Family Law-I.
6. Family Law-II.
7. Law of Crimes.
8. Criminal Procedure Code, Juvenile Justice Act and Probation of Offenders Act.
9. Constitutional Law.
10. Property Law including Transfer of Property Act and Easement Act.
11. Law of Evidence.
12. Civil Procedure Code and Limitation Act.
13. Legal Language/Legal Writing including General English.
14. Administrative Law.
15. Company Law.
16. Human Rights and International Law.
17. Arbitration, Conciliation and Alternate Dispute Resolution Systems.
18. [ Environmental law including laws for the protection of the wild life and other living creatures including animal welfare.] [Substituted by Resolution No. 48/2001. ]
19. Labour Law.
20. Interpretation of Statutes.
21. Land Laws including ceiling and any other local Laws.
1. International Economic Law.
2. Bankruptcy Laws.
3. Taxation Laws.
4. Comparative Law/Legal History.
5. Insurance Law.
6. Conflict of Laws.
7. Banking Law including Negotiable Instruments Act.
8. Investment and Security Law.
9. Trusts, Equity and Fiduciary Relationships.
10. Criminology and Penology.
11. Air and Space Law.
12. Law and Medicine.
13. Women and Law relating to Child/Law, Poverty and Development.
14. Intellectual Property Law.
15. Maritime Law.
1. Moot Court, Pre-Trial Preparations and participation in Trial proceedings.
2. Drafting, Pleading and Conveyancing.
3. Professional Ethics, Accountancy for Lawyers and Bar-Bench Relations.
4. Public Interest Lawyering, Legal Aid and Para-Legal Services.
The following Practical Training Scheme shall be adopted by the Universities:-PAPER I : MOOT COURT, PRE-TRIAL PREPARATIONS AND PARTICIPATION IN TRIALPROCEEDINGSThis paper will have three components of 30 marks each and a viva for 10 marks.(a)Moot Court (30 Marks):Every student will do at least three moot courts in a year with 10 marks for each. The moot court work will be on assigned problems and it will be evaluated for 5 marks for written submissions and 5 marks for oral advocacy.(b)Observance of Trial in two cases, one civil and one criminal (30 marks):Students will attend two trials in the course of the last two or three years of LL.B. studies. They will maintain a record and enter the various steps observed during their attendance on different days in the Court assignment. This scheme will carry 30 marks.(c)Interviewing techniques and pre-trial preparations (30 marks):Each student will observe two interviewing sessions of clients at the Lawyers' Office/Legal Aid Office and record the proceedings in a diary which will carry15 marks. Each student will further observe the preparation of documents and Court papers by the Advocate and the procedure for the filing of the suit/petition. This will be recorded in the diary which will carry 15 marks.(d)The fourth component of this paper will be viva voce examination on all the above three aspects. This will carry 10 marks.PAPER II : DRAFTING, PLEADING AND CONVEYANCINGThe course will be taught class instructions and simulation exercises,preferably with assistance of practising lawyers/retired Judges. Apart from teaching the relevant provisions of law, the course will include 15 exercises in Drafting carrying a total of 45 marks and 15 exercises in Conveyancing carrying another 45 marks (3 marks for each exercise).Note .-(a)Drafting:General principles of drafting and relevant substantive rules shall be taught.(b)Pleading:6. For each paper there shall be lecture classes for at least three hours and one hour of tutorial work per week.
7. The examination shall ordinarily be held at the end of every six months. The University shall, however, be at liberty to hold examinations at the end of every year. Suitable allocations of subjects for six months or one year, as the case may be, shall be made by the University and the same shall be intimated to the Bar Council of India.
8. Full-time teachers of law including the Principal of the College shall ordinarily be holders of a Master 's degree in law and where the holders of Master's degree in law are not available, persons with teaching experience for a minimum period of five years in law may be considered. Part-time teaching other than one with LL.M. degree shall have a minimum practice of 10 years at the Bar.
9. The teaching load of full-time and part-time teachers shall be according to the norms prescribed by U.G.C. from time to time.
10. The salaries paid to the Principal, full-time and part-time teachers shall be according to the scales recommended by the U.G.C. from time to time.
11. A Law College affiliated to a University shall by June 1, 1987 be an independent Law College and shall cease to be a department attached to a College.
12.
13. The Bar Council of India shall cause a Law College affiliated to a University to be inspected by the Committee to be appointed by it for the purpose when-
(a)An application for approval of affiliation of a new College is received by it or it suo motu decides in order to ensure that the standards of Legal Education laid down by it are being complied with.(b)The application for approval of affiliation of a new College shall be addressed to the Secretary,Bar Council of India, and shall be sent only through the Registrar of the University concerned with his recommendations and the application be accompanied by an inspection fee of Rs. 50,000.(c)The College and/or the University concerned shall furnish all the information to the Committee of Inspection and the Bar Council of India as and when required, and shall co-operate with them in every possible manner in the conduct of inspection.(d)(1) The Inspection team before recommending approval of affiliation to a new Law College should, inter alia, make a specific recommendation as to why such a Law College is required at the same place/area where the Law College is proposed to be started keeping in view the total number of existing Law Colleges in the place/area in particular and the state in general.14. The Bar Council of India may issue directives from time to time for maintenance of the standards of legal education. The College/University is expected to follow them as compulsory.
15. The questionnaire framed as per Schedule II by the Bar Council of India as amended from time to time, to be answered by the applicant for affiliation shall be deemed to be directives issued under this Rule and shall be added as Schedule II to rules in Section B.
16. Whenever approval of affiliation is granted to the Law College, it shall be necessary for the College to deposit in cash Rs. 1,00,000 (one lakh) in the shape of guarantee to fulfil all the norms of the Bar Council of India. The same shall be liable to be forfeited if the norms are not complied with and the same shall carry no interest.
Section CRules Regarding Inspection of Law Colleges by the State Bar Councils1. The State Bar Council should inspect only such Colleges about which there is a specific direction of the Bar Council of India for the State Bar Council to inspect.
2. The State Bar Council will be entitled to charge an inspection fee of Rs.5,000 from the College to be inspected or the actual cost of inspection,whichever is less.
3. While inspecting such Colleges the inspection should be done by a team consisting of the two members of the State Bar Council duly authorised by the State Bar Council.
4. The inspecting team of the State Bar Councils should verify whether the standards to be observed by the College under the Rules of the Bar Council of India and the norms framed by it are observed properly and give a report on the factual position about the same.
5. The inspecting team should send a report to the Bar Council of India, inter alia, on the following points:-
6. The inspection team should also send a report on the quality of teaching,infrastructure for teaching and whether in its opinion affiliation already granted should be continued or not. The report should also mention whether the permission for affiliation granted should be temporary or permanent.
Part V – The State Roll And Seniority
Chapter I
Preparation And Maintenance Of The State Roll
[Rules under sections 17, 19, 20 and 22 of the Act]1.
2. Particulars of transfers under section 18 of the Act, cancellations directed under the proviso to section 26(1) of the Act, removal of names under section26-A of the Act, punishments imposed by an order under Chapter V, particulars as to the result of appeals under the relevant decisions of the Courts, and such other matters which the Council may specifically direct, shall be noted in the said rolls.
3. Save as otherwise directed by the Council, no other particulars shall be entered in the said rolls.
4. Every page of the roll shall bear the signature or a facsimile thereof, of the Secretary or other person authorised by the State Council.
5. Authenticated copies of any additions or alterations made in the roll shall be sent to the Council without delay.
TABLEFORM B-1(Under rule 1(2) of Chapter I, Part V)Part I – /II: COPY OF
ROLL UNDER SECTION 17(1)(a) of the ADVOCATES ACT, 1961 of the BAR COUNCIL OF .............SENT UNDER SECTION 19OF THE ADVOCATES ACT, 1961.NameAddressDate of enrolment under the Bar Councils Act/Advocates ActDate of entry as Vakil,Pleader or Attorney,if anyDate of BirthDate of Transfer,if anyIf enrolled in Superme Court,date of such enrolmentDate of enrolment as Senior Advocate in case designated as such on or after 1.12.1961Remarks (Particulars envisaged under Rule)| Sl No. | |||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
Part II – COPY OF
ROLL UNDER SECTION 17(1)(a) of the ADVOCATES ACT, 1961 of the BAR COUNCIL OF .............SENT UNDER SECTION 19OF THE ADVOCATES ACT, 1961.Name and AddressDate of enrolment under the Advocates Act,1961Date of BirthDate of Transfer,if any,and particularsRemarks| Roll No. | |||||
| 1 | 2 | 3 | 4 | 5 | 6 |
Chapter II
Prevention Of Entry In More Than One Roll
[Rules under sections 17(4) and 49(1)(ad) of the Act]1. The rules of every State Council shall provide, inter alia, for a declaration in its form of application for enrolment-
2. The Council may, on receipt of information that the name of any person is entered on the roll of more than one State Council, after hearing the person concerned, remove his name from any of the rolls on which his name appears and take such other action against him as may be called for.
Chapter III
Transfer Of Name From One State Roll To Another State Roll
[Rules under sections 18 and 49(1)(b) of the Act]1. Any person whose name is entered on any State Roll may make an application to the Council for transfer under section 18 of the Act in Form "C" in this Chapter. The application shall be accompanied by (i) a certified copy of the entry in the State Roll relating to the applicant; and (ii) a certificate from the State Council stating that his certificate of enrolment has not been recalled, that the applicant is entitled to practise on the date of his application, that there are no disciplinary proceedings pending against the applicant and that it has no objection to the transfer being ordered.
On receipt of an application for transfer, the Secretary shall enquire from the State Council concerned whether they have any objections to the transfer being granted, and he shall thereafter place the papers for disposal before the Council or a Committee constituted for the purpose. If the Committee considers that the application shall be refused, the matter should be referred to the Council for orders.[1-A. On receipt of an application for transfer, the "transferor" Bar Council shall transmit the entire records relating to the enrolment of the Advocate who is seeking a transfer, to the Bar Council of India together with original of the application for enrolment, retaining an authenticated copy of the documents with the "transferor" Bar Council.] [Came into force w.e.f. 6.1.2001. ]2.
4. A copy of the order on the applications for transfer made by the Council shall be put up on the Notice Board of the State Council concerned.
Chapter IV
Seniority In The State Rolls
[Rules under sections 17(3), 20 and 49(1)(i)(ac) of the Act]1. Seniority of Vakils, Pleaders and Attorneys not entitled to practise in the High Court .-The seniority of a Vakil, Pleader or Attorney, who was not entitled to practise in the High Court, and who was enrolled as an Advocate immediately before the appointed day, or who was enrolled after that day shall be determined according to the date of enrolment as Advocate.
2. Seniority of other Advocates .-(1) The seniority of other Advocates referred to in section 17(1)(a) shall-
(a)in the case of persons whose names were entered in the rolls under section 8(3)(a) of the Indian Bar Councils Act, 1926, be the date from which their seniority was reckoned in the said rolls;(b)in the case of persons admitted as Advocates under section 58-A of the Act, be the dates of their first admission when they were entitled to practise in the High Court of Allahabad or the Chief Court of Oudh or the other High Courts or the Judicial Commissioners 'Court mentioned in sub-sections (2), (3) and (4) of the said section 58-A;(c)in the case of persons admitted as Advocates under section 58-AA of the Act, be the date when they were first entitled to practise the profession of law under the law enforced in the Union Territory of Pondicherry;(d)in the case of the other persons, be determined in accordance with the date of enrolment under the Indian Bar Councils Act, 1926:Provided that in the case of a person whose name had been entered on the rolls of more than one High Court, the date as shown in the High Court in which he was first enrolled under shall be taken as the date for entry for purpose of seniority in the rolls under section 17(1)(a) of the Advocates Act, 1961.3. In cases not covered by any of the rules previous in this Chapter, or in case of doubt, the seniority shall on a reference by a State Council, be according to the dates as may be determined by the Council.
4.
Seniority of Senior Advocates of the Supreme Court .-The seniority of a Senior Advocate enrolled before the appointed day shall be determined in accordance with the date of his enrolment as Senior Advocate.Chapter V
Special Provision For Enrolment Of Certain Supreme Court Advocates
[Rules under section 20 read with section 49(1)(i) of the Act]1. Any Advocate who was entitled as of right to practise in the Supreme Court immediately before the appointed day and whose name is not entered in any State Roll may within 31st December, 1974 express his intention in the form prescribed under this rule to the Bar Council of India for entry of his name in the roll of any State Bar Council.
2. The notification of the Bar Council of India prescribing the date shall be published in the Gazette of India, and copies thereof sent to all Bar Councils.The notification or a gist thereof shall also be published in at least one English Newspaper in Delhi and one English Newspaper in every State.
Part VI – RULES GOVERNING ADVOCATES
Chapter I
Restrictions On Senior Advocates
[Rules under sections 16(3) and 49(1)(g) of the Act]Senior Advocates shall, in the matter of their practice of the profession of law mentioned in section 30 of the Act, be subject to the following restrictions:-Chapter II
Standards Of Professional Conduct And Etiquette
[Rules under section 49(1)(c) of the Act read with the proviso thereto]PreambleAn Advocate shall, at all times, comfort himself in a manner befitting his status as an officer of the Court, a privileged member of the community, and a gentleman, bearing in mind that what may be lawful and a moral for a person who is not a member of the Bar, or for a member of the Bar in his non-professional capacity may still be improper for an Advocate. Without prejudice to the generality of the forgoing obligation, an Advocate shall fearlessly uphold the interests of his client and in his conduct conform to the rules hereinafter mentioned both in letter and in spirit. The rules hereinafter mentioned contain canons of conduct and etiquette adopted as general guides; yet the specific mention thereof shall not be construed as a denial of the existence of other equally imperative though not specifically mentioned.Section-I-Duty to the Court1. An Advocate shall, during the presentation of his case and while otherwise acting before a Court, conduct himself with dignity and self-respect. He shall not be servile and whenever there is proper ground for serious complaint against a judicial officer, it shall be his right and duty to submit his grievance to proper authorities.
2. An Advocate shall maintain towards the Courts a respectful attitude, bearing in mind that the dignity of the judicial office is essential for the survival of a free community.
3. An Advocate shall not influence the decision of a Court by any illegal or improper means. Private communications with a Judge relating to a pending case are forbidden.
4. An Advocate shall use his best efforts to restrain and prevent his client from resorting to sharp or unfair practices or from doing anything in relation to the Court, opposing counsel or parties which the Advocate himself ought not to do. An Advocate shall refuse to represent the client who persists in such improper conduct. He shall not consider himself a mere mouth-piece of the client, and shall exercise his own judgment in the use of restrained language in correspondence, avoiding scurrilous attacks in pleadings, and using intemperate language during arguments in Court.
5. An Advocate shall appear in Court at all times only in the prescribed dress,and his appearance shall always be presentable.
6. An Advocate shall not enter appearance, act, plead or practise in any way before a Court, Tribunal or Authority mentioned in section 30 of the Act, if the sole or any member thereof is related to the Advocate as father,grandfather, son, grand son, uncle, brother, nephew, first cousin, husband,wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law,son-in-law, brother-in-law, daughter-in-law or sister-in-law.
[For the purposes of this rule, Court shall mean a Court, Bench a Tribunal in which above-mentioned relation of the Advocate is a Judge, member or the Presiding Officer.] [Added by Resolution No. 11/91, dated 16.2.1991. ]7. An Advocate shall not wear bands or gown in public places other than in Courts except on such ceremonial occasions, and at such places as the Bar Council of India or the Court may prescribe.
8. An Advocate shall not appear in or before any Court or Tribunal or any other authority for or against an organisation or an institution, society or corporation, if he is a member of the Executive Committee of such organisation or institution or society or corporation. "Executive Committee" , by whatever name it may be called, shall include any Committee or body of persons which,for the time being, is vested with the general management of the affairs of the organisation or institution, society or corporation:
Provided that this rule shall not apply to such a member appearing as amicus curiae or without a fee on behalf of a Bar Council, Incorporated Law Society or a Bar Association.9. An Advocate should not act or plead in any manner in which he is himself peculiarly interested.
IllustrationI. He should not act in a bankruptcy petition when he himself is also a creditor of the bankrupt.II. He should not accept a brief from a company of which he is Director.10. An Advocate shall not stand as a surety, or certify the soundness of a surety for his client required for the purpose of any legal proceedings.
Section-II-Duty to the Client11. An Advocate is bound to accept any brief in the Courts or Tribunals or before any other authority in or before which he proposes to practise at a fee consistent with his standing at the Bar and the nature of the case. Special circumstances may justify his refusal to accept a particular brief.
12. An Advocate shall not ordinarily withdraw from engagements, once accepted,without sufficient cause and unless reasonable and sufficient notice is given to the client. Upon his withdrawal from a case, he shall refund such part of the fee as has not been earned.
13. An Advocate should not accept a brief or appear in a case in which he has reason to believe that he will be a witness, and if being engaged in a case, it becomes apparent that he is a witness on a material question of fact, he should not continue to appear as an Advocate if he can retire without jeopardising his client 's interests.
14. An Advocate shall, at the commencement of his engagement and during the continuance thereof, make all such full and frank disclosures to his client relating to his connection with the parties and any interest in or about the controversy as are likely to affect his client 's judgment in either engaging him or continuing the engagement.
15. It shall be the duty of an Advocate fearlessly to uphold the interests of his client by all fair and honourable means without regard to any unpleasant consequences to himself or any other. He shall defend a person accused of a crime regardless of his personal opinion as to the guilt of the accused,bearing in mind that his loyalty is to the law which requires that no man should be convicted without adequate evidence.
16. An Advocate appearing for the prosecution of a criminal trial shall so conduct the prosecution that it does not lead to conviction of the innocent.The suppression of material capable of establishing the innocence of the accused shall be scrupulously avoided.
17. An Advocate shall not, directly or indirectly, commit a breach of the obligations imposed by section 126 of the Indian Evidence Act.
18. An Advocate shall not, at any time, be a party to fomenting of litigation.
19. An Advocate shall not act on the instructions of any person other than his client or his authorised agent.
20. An Advocate shall not stipulate for a fee contingent on the results of litigation or agree to share the proceeds thereof.
21. An Advocate shall not buy or traffic in or stipulate for or agree to receive any share or interest in any actionable claim. Nothing in this rule shall apply to stock, shares and debentures of Government securities, or to any instruments which are, for the time being, by law or custom, negotiable or to any mercantile document of title to goods.
22. An Advocate shall not, directly or indirectly, bid for or purchase, either in his own name or in any other name, for his own benefit or for the benefit of any other person, any property sold in the execution of a decree or order in any suit, appeal or other proceeding in which he was in any way professionally engaged. This prohibition, however, does not prevent an Advocate from bidding for or purchasing for his client any property which his client may himself legally bid for or purchase, provided the Advocate is expressly authorised in writing in this behalf.
[22-A. An Advocate shall not directly or indirectly bid in Court auction or acquire by way of sale, gift, exchange or any other mode of transfer either in his own name or in any other name for his own benefit or for the benefit of any other person any property which is subject-matter of any suit appeal or other proceedings in which he is in any way professionally engaged.] [R. 22-A came into force w.e.f. 24.9.1998. ]23. An Advocate shall not adjust fee payable to him by his client against his own personal liability to the client, which liability does not arise in the course of his employment as an Advocate.
24. An Advocate shall not do anything whereby he abuses or takes advantage of the confidence reposed in him by his client.
25. An Advocate should keep accounts of the client's money entrusted to him, and the accounts should show the amounts received from the client or on his behalf,the expenses incurred for him and the debits made on account of fees with respective dates and all other necessary particulars.
26. Where moneys are received from or on account of a client, the entries in the accounts should contain a reference as to whether the amounts have been received for fees or expenses, and during the course of the proceeding, no Advocate shall, except with the consent in writing of the client concerned, beat liberty to divert any portion of the expenses towards fees.
27. Where any amount is received or given to him on behalf of his client, the fact of such receipt must be intimated to the client, as early as possible.
28. After the termination of the proceeding, the Advocate shall be at liberty to appropriate towards the settled fee due to him, any sum remaining unexpended out of the amount paid or sent to him for expenses, or any amount that has come into his hands in that proceeding.
29. Where the fee has been left unsettled, the Advocate shall be entitled to deduct, out of any moneys of the client remaining in his hands, at the termination of the proceeding for which he had been engaged, the fee payable under the rules of the Court, in force for the time being, or by then settled and the balance, if any, shall be refunded to the client.
30. A copy of the client 's account shall be furnished to him on demand provided the necessary copying charge is paid.
31. An Advocate shall not enter into arrangements whereby funds in his hands are concerned into loans.
32. An Advocate shall not lend money to his client for the purpose of any action or legal proceedings in which he is engaged by such client.
Explanation.-An Advocate shall not be held guilty for a breach of this rule, if in the course a pending suit or proceeding, and without any arrangement with the client in respect of the same, the Advocate feels compelled by reason of the rule of the Court to make a payment to the Court on account of the client for the progress of the suit or proceeding.33. An Advocate who has, at any time, advised in connection with the institution of a suit, appeal or other matter or has drawn pleadings, or acted for a party, shall not act, appear or plead for the opposite party.
Section-III-Duty to Opponent34. An Advocate shall not in any way communicate or negotiate upon the subject-matter of controversy with any party represented by an Advocate except through that Advocate.
35. An Advocate shall do his best to carry out all legitimate promises made to the opposite party even though not reduced to writing or enforceable under the rules of the Court.
Section-IV-Duty to Colleagues36. An Advocate shall not solicit work or advertise, either directly or indirectly,whether by circulars, advertisements, touts, personal communications,interviews not warranted by personal relations, furnishing or inspiring newspaper comments or producing his photographs to be published in connection with cases in which he has been engaged or concerned. His sign-board or name-plate should be reasonable size. The sign-board or name-plate or stationery should not indicate that he is or has been associated with any person or organisation or with any particular cause or matter or that he specialises in any particular type of work or that he has been a Judge or an Advocate-General.
37. An Advocate shall not permit his professional services or his name to be used in aid of or to make possible, the unauthorised practice of law by any agency.
38. An Advocate shall not accept a fee less than the fee taxable under the rules when the client is able to pay the same.
39. An Advocate shall not enter appearance in any case in which there is already a vakalat or memo of appearance filed by an Advocate engaged for a party except with his consent; [in case such consent is not produced he shall apply to the Court stating reasons why the said consent should not be produced and he shall appear only after obtaining the permission of the Court.] [Added w.e.f. 5.6.1976. ]
[Section-IV-A [Section IV-A came into force w.e.f. 1.4.1984. ]40. Every Advocate borne on the rolls of the State Bar Council shall pay to the State Bar Council a sum of Rs. [300] every third year commencing from [1st August, 2001] [Substituted by Resolution No. 66/2001, dated 26.6.2001, for " 1st April 2001"]along with a statement of particulars as given in the form set out at the end of these rules, the first payment to be made on or before [1st August, 2001] [Substituted by Resolution No. 66/2001, dated 26.6.2001, for " 1st April 2001"] or such extended time as notified by the Bar Council of India or the concerned State Bar Council:
Provided further, however, that an Advocate shall be at liberty to pay in lieu of the payment of Rs. [300] [Substituted by Resolution No. 66/2001, dated 22.6.2001, for " 90" ] every three years a consolidated amount of Rs. [600] [Substituted by Resolution No. 66/2001, dated 22.6.2001, for "300". ].This will be a life time payment to be kept in the fixed deposit by the concerned State Bar Council [and the Bar Council of India at the ratio of 80:20as envisaged under rule 41] [Added by Resolution No. 93/2001, dated 5.1.2002. ] and interest to be used for the purpose of this rule.[Out of life time payment, 80% of the amount will be retained by the State Bar Council in a fixed deposit and remaining 20% has to be transferred to the Bar Council of India. The Bar Council of India and State Bar Council have to keep the same in a fixed deposit and the interest on the said deposits shall alone be utilised for the welfare of the Advocates.] [Added by Resolution No. 92/2001, dated 5.1.2002. ]Explanation1.-Statement of particulars as required by rule 40 in the form set out require to be submitted only once in three years.Explanation2.-All Advocates who are in actual practice and are not drawing salary or not in full-time service and not drawing salary from their respective employers are only required to pay the amount referred to in this rule.Explanation3.-This rule will be effective from [1st August, 2001] [Substituted by Resolution No. 66/2001, dated 26.6.2001, for "1st April 1994"] and for period prior to this Advocates will continue to be covered by old rule.41.
42. If any Advocate fails to pay the aforesaid sum within the prescribed time as provided under rule 40, the Secretary of the State Bar Council shall issue to him a notice to show cause within a month why his right to practice be not suspended. In case the Advocate pays the amount together with the late fee of Rs. 5 per month, or a part of a month subject to a maximum of Rs. 30 within the period specified in notice, the proceedings shall be dropped. If the Advocate does not pay the amount or fails to show sufficient cause, a Committee of three members constituted by the State Bar Council in this behalf may pass an order suspending the right of the Advocate to practise:
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 24-A of the Advocates Act, 1961 or 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, 1961 or the rules made thereunder, 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 Council 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.
[44-A. (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.44.
-B. The Bar Council of India shall utilise the funds received under rule41(2) in accordance with the schemes which may be framed from time to time.]SCHEME FOR FINANCIAL ASSISTANCE TO STATE BAR COUNCILS AND INDIVIDUALS UNDER RULE 44-B OF THE BAR COUNCIL OF INDIA [RULES ] [ Came into force w.e.f. July, 1998 vide Resolution No. 64/1998.]1. This scheme shall be known as the Scheme for Financial Assistance to the State Bar Councils under rule 44-B of the Bar Council of India Rules.
2. The scheme shall come into force immediately.
3. These schemes shall be applicable to only such State Bar Councils which have remitted the sum in accordance with the rule 41(2) of the Bar Council of India.
4. That on receiving information from the Chairman of the State Bar Council or Member, Bar Council of India from that State, the Chairman, Bar Council of India on being satisfied by such report may immediately sanction a reasonable amount not exceeding Rs. 10,000 in an individual case and Rs. 25,000 in case of some calamity involving more than one Advocate and shall report to the Advocates Welfare Committee of the Bar Council of India. The financial assistance to the State Bar Council will be available in any of the following cases:-
5. That the amount sanctioned under rule 4 shall be placed at the disposal of the Advocates Welfare Committee of the Bar Council of India for the State and the said State Committee shall maintain separate account and send the same to the Bar Council of India within three months from the date of the receipt thereof.
6. That the Advocates Welfare Committee of the Bar Council of India on receiving such applications duly recommended by the State Bar Councils, may sanction a sum provided in the different schemes prepared by the Bar Council of India.
Section-V-Duty in imparting training45. It is improper for an Advocate to demand or accept fees or any premium from any person as a consideration for imparting training in law under the rules prescribed by a State Bar Council to enable such person to qualify for enrolment under the Advocates Act, 1961.
Section-VI-Duty to Render Legal Aid46. Every Advocate shall in the practice of the profession of law bear in mind that anyone genuinely in need of a lawyer is entitled to legal assistance even though he cannot pay for it fully or adequately and that within the limits of an Advocate 's economic condition, free legal assistance to the indigent and oppressed is one of the highest obligations an Advocate owes to society.
Section-VII-Section on other Employments47. An Advocate shall not personally engage in any business; but he may be a sleeping partner in a firm doing business provided that, in the opinion of the appropriate State Bar Council, the nature of the business is not inconsistent with the dignity of the profession.
48. An Advocate may be Director or Chairman of the Board of Directors of a company with or without any ordinary sitting fee, provided none of his duties are of an executive character. An Advocate shall not be a Managing Director ora Secretary of any company.
49. An Advocate shall not be a full-time salaried employee of any person,Government, firm, corporation or concern, so long as he continues to practise,and shall, on taking up any employment, intimate the fact to the Bar Council on whose roll his name appears, and shall thereupon cease to practise as an Advocate so long as he continues in such employment.
[* * *] [[Para 2 and 3 deleted by Resolution dated 22.6.2001. Prior to their deletion, Para 2 and 3 read as under:-"Nothing in his rule shall apply to a Law Officer of the Central Government of a State or of any Public Corporation or body constituted by statute who is entitled to be enrolled under the rules of his State Bar Council made under section 28(2)(d) read with section 24(1)(e) of the Act despite his being a full time salaried employee.Law Officer for the purpose of this rule means a person who is so designated by the terms appointment and who, by the said terms, is required to act and/or plead in Courts on behalf of his employer." ]]50. An Advocate who has inherited, or succeeded by survivorship to, a family business may continue it, but may not personally participate in the management thereof. He may continue to hold a share with others in any business which has descended to him by survivorship or inheritance or by will, provided he does not personally participate in the management thereof.
51. An Advocate may review Parliamentary Bills for a remuneration, edit legal text books at a salary, do press-vetting for newspapers, coach pupils for legal examination, set and examine question papers; and, subject to the rules against advertising and full-time employment, engage in broadcasting journalism,lecturing and teaching subjects, both legal and non-legal.
52. Nothing in these rules shall prevent an Advocate from accepting, after obtaining the consent of the State Bar Council, part-time employment provided that in the opinion of the State Bar Council the nature of the employment does not conflict with his professional work and is not inconsistent with the dignity of the profession. This rule shall be subject to such directives if any as may be issued by the Bar Council of India from time to time.
Chapter III
Conditions For Right To Practice
[Rules under section 49(1)(ah) of the Act]1. Every Advocate shall be under an obligation to see that his name appears on the roll of the State Council within whose jurisdiction he ordinarily practices:
Provided that if an Advocate does not apply for transfer of his name to the roll of the State Bar Council within whose jurisdiction he is ordinarily practising within six months of the start of such practice, it shall be deemed that he is guilty of professional misconduct within the meaning of section 35of the Advocates Act.2. An Advocate shall not enter into a partnership or any other arrangement for sharing remuneration with any person or legal practitioner who is not an Advocate.
3. Every Advocate shall keep informed the Bar Council on the roll of which his name stands, of every change of his address.
4. The Council or a State Council can call upon an Advocate to furnish the name of the State Council on the roll of which his name is entered, and call for other particulars.
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7. [ An officer after his retirement or otherwise ceasing to be in service for any reasons, if enrolled as an Advocate shall not practise in any of the Judicial, Administrative Courts/Tribunals/Authorities, which are presided over by an officer equivalent or lower to the post which such officer last held.
Explanation.-An officer shall include Judicial Officer, Officer from State or Central Services and Presiding Officers or Members of the Tribunals or Authorities or such Officers as referred under section 30(ii) of the Advocates Act, 1961.] [Amended by Resolution No. 128/2007, dated 17.1.2008. ][[7-A] [Added by the Bar Council of India, New Delhi, Notification dated February, 2000, published in the Gazette of India, Pt. III, Section 4, p. 529, No. 9, dated 26.2.2000. ]. Any person applying for enrolment as an Advocate shall not be enrolled, if he is dismissed, retrenched, compulsorily retired, removed or otherwise relieved from Government service or from the service under the control of the Hon'ble High Courts or the Hon'ble Supreme Court on the charges of corruption or dishonesty unbecoming of an employee and a person having such disqualification is permanently debarred from enrolling himself as an Advocate.]8. No Advocate shall be entitled to practice if in the opinion of the Council he is suffering from such contagious disease as makes the practice of law a hazard to the health of others. This disqualification shall last for such period as the Council directs from time to time.
[CHAPTER III-A [Added by the Bar Council of India, Resolution No. 58/2006, published in the Gazette of India, Pt. III, Section 4, dated 6.5.2006. ] ( Rule under section 49(1)(j) of the Advocates Act, 1961 )Consistent with the obligation of the Bar to show a respectful attitude towards the Court and bearing in mind the dignity of Judicial office, the form of address to be adopted whether in the Supreme Court, High Courts or Subordinate Courts should be as follows:-"Your Honour" or Hon'ble Court" in Supreme Court and High Courts and in the Subordinate Courts and Tribunals it is open to the Lawyers to address the Court as "Sir" or the equivalent word in respective regional languages.Explanation.-As the words "My Lord" and Your Lordship" are relics of colonial past, it is proposed to incorporate the above rule showing respectful attitude to the Court. ][CHAPTER IV [Substituted by the Bar Council of India, Resolution No. 121/2001, published in the Gazette of India, Ext., Pt. III, Section 4, dated 9.3.2002. ] Form Of Dresses Or Robes To Be Worn By Advocates[Rules under section 49(1)(gg) of the Act]Advocates appearing in the Supreme Court, High Courts, Subordinate Courts,Tribunals or Authorities shall wear the following as part of their dress which shall be sober and dignified.I. ADVOCATES.-Part VII – DISCIPLINARY PROCEEDINGS AND REVIEW
Chapter I
Complaints Against Advocates And Procedure To Be Followed By Disciplinary Committees Of The State
BAR COUNCIL AND THE BAR COUNCIL OF INDIA[Rules under section 49(1)(f) of the Act]A.Complaint and enquiry under sections 35, 36 and 36-B of the Act1.
2. Before referring a complaint under section 35(1) of the Act to one of its Disciplinary Committees to be specified by it, the Bar Council may require a complainant to furnish within a time to be fixed by it, further and better particulars and may also call for the comments from the Advocates complained against.
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4. The Chairman of the Disciplinary Committee shall fix the date, hour and place of the enquiry which shall not ordinarily be later than thirty days from the receipt of the reference. The Registrar shall give notice of such date,hour and place to the complainant or other person aggrieved, the Advocate concerned and the Attorney-General or the Additional Solicitor General of India or the Advocate General, as the case may be, and shall also serve on them copies of the compliant and such other documents mentioned in rule 24 of this Chapter as the Chairman of the Committee may direct at least ten days before the date fixed for the enquiry.
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12. Unless otherwise permitted, counsel appearing before any of the Disciplinary Committees of the State Bar Council or Bar Council of India shall appear in Court dress.
13. The Council may from time to time issue instructions on any of the matters provided for in these rules.
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15. Save as otherwise directed by the Disciplinary Committee or the Chairman thereof, certified copies of the records of a case pending before the Disciplinary Committee may be granted to the parties or to their counsel on an application made in that behalf and on payment of the prescribed fee.
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23. Subject to any resolution of the Bar Council of India, in this behalf relating to the places of hearing, the Chairman of the Disciplinary Committee concerned shall fix the date, hour and place for the hearing of the appeal.
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25. The Registrar shall give notices to the parties or their Advocates or their recognised agents informing them of the date, time and place of the hearing of the appeal.
A copy of the memorandum of appeal shall be sent to the respondent along with the notice of the appeal.26.
27. In regard to appearance of a party in appeal, rule 6 of this Chapter will apply.
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| Serial No of Document |
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30. After allotment of a case under rule 22 in this Chapter to a Disciplinary Committee, the Registrar may obtain its order on any matter of an emergent nature arising therein, by circulation.
[30-A. The Disciplinary Committee of the Bar Council of India shall exercise all the powers exercised by the Civil Court or Court of Appeal under Civil Procedure Code.31. The order of the Disciplinary Committee disposing of an appeal shall be communicated to the parties. The date of an order made by the Disciplinary Committee shall be the date on which the said order is first received in the office of the Council after it has been signed by all the members thereof.] [Added w.e.f. 31.12.1977. ]
E. Rules applicable to all proceedings before the Disciplinary Committee of the State Bar Councils and the Bar Council of India32. The rules in this Chapter so far as may be, shall apply to all proceedings of the Disciplinary Committee of the State Bar Councils or of the Bar Council of India.
Proceedings to be in camera33. All the proceedings before the Disciplinary Committee shall be held in camera.
Inspection of records and copies34.
35.
36. The Secretary of the State Bar Council or the Bar Council of India, as the case maybe, shall send to each of the parties in proceedings, a certified copy of the final order made under section 35, 36, 36-B or 37, signed by him as Registrar of the Disciplinary Committee and bearing the seal of the State Bar Council/Bar Council of India, as the case may be. No charges shall be payable on the copies so sent. Charges as prescribed under the rules shall, however, be payable for all additional copies of the said order applied for.
Chapter II
Review Under Section 44 Of The Act
1. An application for review under section 44 of the Act shall be in the form of a petition duly signed and supported by an affidavit accompanied by prescribed fee and filed within 60 days from the date of the order sought to be reviewed.
2. Every such application shall be accompanied by:
3. Every such application shall set out the grounds on which the review is sought and shall further state whether any proceeding in respect thereof was filed and is still pending or the result thereof as the case may be.
4. If a Disciplinary Committee of a Bar Council does not summarily reject the application under section 44 of the Act, or wishes to exercise its powers under section 44, suo motu ,the Secretary of a Bar Council shall issue as nearly as may be in the Form K at the end of this Chapter, notice to the parties and to the Advocate-General concerned or the Additional Solicitor-General of India in the case of the Bar Council of Delhi.
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6. The decision of the Disciplinary Committee of the Bar Council of India on an application for review of its order shall be communicated to the parties.
7. In the proceedings under this Chapter, unless the Disciplinary Committee of the State Bar Council or the Bar Council of India, as the case may be,otherwise decides, the parties may appear by the Advocates who shall file a vakalatnama signed by the party.
Part VIII
FEE LEVIABLE UNDER THE ACT[ Rulesunder section 49(1)(h) of the Act]1. A State Council may levy fees, not exceeding the limits prescribed hereunder in any of the following matters:-
Rs. 500.00| (a) Petition challenging the election of one or all members of the State Council | |
| (b) Complaint of professional misconduct under section 35 of the Act:Provided that no fee shall be payable on a complaint made by any Court or Tribunal or other statutory body or wherein a proper case the Bar Council grants exemption therefor.(b-1) Complainant shall be liable to pay in addition to the fee in sub-clause(b) , the cost of service of process unless the Disciplinary Committee grants exemption therefor | Rs. 100.00 |
| (c) Certificate as to the date of enrolment and the continuance of the name of the Advocate on the roll. | Rs. 25.00 |
| (d)Certificate required to be produced with the transfer application under section 18 of the Act. | Rs. 50.00 |
| (e) Inspection by complainant or the concerned Advocates, of documents relating to the disciplinary matters. | Rs. 10.00 |
| (f) Inspection of the roll of the Advocates or the voters list. | Rs. 10.00 |
| (g) Any application made in any proceedings before a State Council or its Committee other than the Disciplinary Committee. | Rs. 10.00 |
2. A fee as specified hereunder shall be paid in the following matters:-
Rs. 100.00| (a)Complaint of professional misconduct under section 36 of the Act:Provided that no fee shall be payable on a complaint made by any Court or Tribunal or other statutory body or wherein a proper case the Bar Council grants exemption therefor.(a-1) Complainant shall be liable to pay in addition to the fee in sub-clause(a) , the cost of service of process unless the Disciplinary Committee grants exemption therefor | |
| (b) An appeal filed under Section 37 of the Act | Rs. 100.00 |
| (c) An application for stay made to the Council under the Act | Rs. 50.00 |
| (d)(i) An application for inspection.(ii) Inspection in cases finally decided when permitted. | Rs. 10.00Rs.25.00 |
| (e)An application for withdrawal under Section 36 of the Act. | Rs. 50.00 |
| (f) An application for review under the Act. | Rs. 100.00 |
| (g) An application for the exercise of its power under section 48-A of the Act (Revision). | Rs. 100.00 |
| (h) An application made in any proceedings before the Council or a Committee other than the Disciplinary Committee. | Rs. 10.00 |
3. (a) Every application of an authenticated copy of any certificate, order of other proceedings, entry on any roll, or any document or deposition in any proceedings, before a State Council or the Council or a Committee thereof shall be accompanied by a fee of Rs. 10 and the copying charges as follows:-
Rs. 500.00| (a) Application for transfer from one State Bar Council to another State Bar Council | |
| (b)Preparation charges of file and other papers regarding transfer of name by transferor and transferee Bar Councils | Rs. 500.00 |
4. [
Rs. 20.00| Every exemplification of the order or other documents in addition to the folio and other charges | |
| Copying charges for folio | Rs. 10.00 |
Part IX
GENERAL PRINCIPLES TO BE FOLLOWED BY STATE BAR COUNCILS AND THE BAR COUNCILOF INDIA RULES FOR SUPERVISION AND CONTROL BY THE BAR COUNCIL OF INDIA[Rulesunder section 49(1)(a), (i) and (j) of the Act]Election1. The election of members to State Councils shall only be by secret ballot. There shall be no voting by post except that a State Council may permit voting by post to Advocates eligible to vote and who do not ordinarily practise at the seat of the High Court or the seat of the District Courts in the State.
Explanation.-An Advocate shall be deemed ordinarily to practise at the place which is given in his address in the Electoral Roll.2. Any candidate who by himself or through his agent seems or attempts to secure from any voter his ballot paper with intent to prevent him from transmitting it directly or with intent to ensure that the vote has been cast for a particular candidate shall be guilty of an election malpractice which shall invalidate his election whether or not the result of the election has been materially affected thereby.
3. The notice of election of members of the State Councils and the results of the election shall be published in the State Government Gazette or Gazettes, as the case may be.
4. A State Council may require a deposit from every candidate standing at an election, which may be forfeited in case the candidate is unable to secure atleast 1/8 of the quota fixed for the election.
5. All election disputes shall be decided by tribunals constituted by the State Councils.
Funds of State Councils6. The funds of State Councils must first be deposited in the State Bank of India or any Nationalised Bank before any money could be expended, and disbursement shall ordinarily be made by cheques, unless the amount involved is small.
7. The State Bar Council may decide from time to time investment of its funds in the following securities:-
1. in fixed deposits or cumulative deposits in the State Bank of India or in such other Nationalised Banks;
2. in any other securities specified in section 20 of the Indian Trust Act,1882;
3. [ in the fixed deposits or cumulative deposits with Government companies as defined in the Companies Act, 1956 (1 of 1956).] [Sub-rule(3) came into force (w.e.f. 27.11.1988). ]
8. Every State Council shall maintain a provident fund for its employees and also pay gratuity in accordance with rules which each Council may frame.
9. The State Councils may accept donations in cash or kind for any of the purposes of the Act.
10. The accounts for every Council shall be audited by a Chartered Accountant once a year.
Books and Registers11. The State Bar Councils and the Bar Council of India shall maintain the following books:-
12. Every State Bar Council shall maintain:-
1. Serial No.
2. D.C. Enquiry No./D.C. Appeal No.
3. Name of Advocate/party (making the application)
4. No. of Folio
5. Charges payable
6. Date of receipt of copy application
7. Date of notifying charges payable
8. Date of payment
9. Date when copy ready
10. Date of delivery
11. Signature for receipt
12. Remarks
To every certified copy applied for and furnished shall ordinarily affixed a rubber stamp containing, inter alia, the following columns:-THE BAR COUNCIL OF....C.A. No...1.
No.of D.C. proceedings2. Date of communication of order
3. Date of receipt of copy application
4. Date when charges are called for
5. Date when charges are paid
6. Date when copy dispatched or delivered
7. Charges paid for the copy
Signature of SecretaryDate......... or other person authorized2.
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| SL.No. | Date of receipt of complaint | Name of Complainant or other person and address | Name of Advocate against whom the complaint is made, his Roll No. | Date on which Bar Council considered | If rejected, prima facie, or referred to its Disciplinary Committee,and date or resolution | Reference to page of Disciplinary Committee register,further particulars | if ,suo motu,necessary particulars | Any other particulars/Remarks. |
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| Sl.No. | Number of Case | Complainant's Address | Name of the Advocate about whom complaint is made and his address and Roll No. | Date of reference by Bar Council | Name of Members of Disciplinary Committee | If summarily rejected,date | if not summarily rejected,dates of enquiry | Gist of final order under section 35(1) and date | Date on which order was sent to the parties | Date of receipt of order communicated to parties | if appeal filed number of the appeal and particulars | Date of receipt of notice of dispatch of records | Date of dispatch of records to Bar Council of India | Result of appeal,etc. | Date of receipt of records received back from the Bar Council of India | Date of return of documents to parties | Remarks and other particulars. |
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The Bar Council of India shall maintain the following registers:-1. Copy Application Register, containing entries as nearly as possible as in the case of the copy application register of State Bar Councils with necessary modifications.
2. The Bar Council of India Complaint Register, containing entries on matters required with reference to register of the State Bar Councils.
3. The Disciplinary Committee Register containing similar entries with necessary modifications as is necessary for State Bar Councils.
4. The Disciplinary Committee appeal registers containing the following columns:-
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| Sl.No. | Date of receipt of paper | Name of Appellant | Name of Respondent | Name of Advocate against whom the enquiry is made and Roll Number | Appeal from Bar Council of..... | Date on which papers were found in order | Names of Members of Disciplinary Committee | Dates of hearing | Date of receipt of records of the Disciplinary Committee appealed against | Date of Final order | Date of despatch of order to parties | Date of receipt of order communicated | Particulars as to appeal to Supreme Court, if any | Result of appeal to Supreme Court. | Review application, if any, with particulars | Date of despatch of records received from the Bar Council | Other particulars and remarks |