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The \ \ Advocates Act, 1961 °@ > SRTALA, TE Eee CONTENTS Book No... Baer PREL NHN ARY Page No..b2aroee Sections 1. Short title, extent and commen = ’ cement 8 2, Definitions oo. eee cececeescseseesetsescsssesesanenees 9 CHAPTER II BAR COUNCILS 3. State Bar Councils ... 10 4. Bar Council of India 13 5. Bar Council to be body corporate 13 6. Functions of State Bar Councils 13 7. Functions of Bar Council of India 15 7-A. Membership in international bodies 16 8. Term of office of members of State Bar Council ... 16 8-A. Constitution of Special Committee in the absence of election ...... 16 9. Disciplinary Committees 17 9-A. Constitution of legal aid committees 18 10. Constitution of committees other than disciplinary committees .... 18 10-A. Transaction of business by Bar Councils and committees thereof .. 18 10-B. Disqualification of members of Bar Council - 19 11. Staff of Bar Council .... 19 12. Accounts and audit 19 13. Vacancies in Bar Councils and committees thereof not to invalidate action taker ssssssssssseeeeessseennnerssesttenseereers eee TS 19 14. Election to Bar Councils not to be questioned on certain grounds .. 19 15. Power to make rules 19 CHAPTER III ADMISSION AND ENROLMENT OF ADVOCATES 16. Senior and other advocates 21 23 17. State Bar Councils to maintain roll of advocates . {1] nN Sections 18. 19. 20. 21. 22: 23. 24. 24-A, 25. 26. 26-A. 27. 28. 29. 30. 31. 32. 33. 34, 35. 36. 36-A. 36-B. 37. 38. 39. 40. 41. 42. ADVOCATES ACT, 1961 Transfer of name from one State roll to another State Bar Councils to send copies of rolls of advocates to the Bar COunCtiOF India wsiscteisccesseovesvossssssosssossusvessnsasssccdenctsevecisegseseeneeats Special provision for enrolment of certain Supreme Court A VOSCAUES: 2. saves -scvevsnsitiavacvisadeutoesatsicusostveosdbs iestnctonsotbteedUnpieregeitite Disputes regarding Seniority ........ccseesseeseseeseseseeseesscsseeaseeseess Certificate of enrolment Right of pre-audience Persons who may be admitted as advocates on a State roll .. Disqualification for enrolMent .....cssessesseecsecceecseesseesteesnessseessess Authority to whom applications for enrolment may be made........ Disposal of applications for admission as an advocate . Power to remove names from Toll ..........seeseeseeseeeeeees Application once refused not to be entertained by another Bar Council except in certain circumstances Power to make rules wo... ecsceesesessestesessseeceeaeseeseeneaees CHAPTER IV RIGHT TO PRACTISE Advocates to be the only recognised class of persons entitled to practise law . Right of advocates to practise Special provision for attomeys Power of court to permit appearances in particular cases . Advocates alone entitled to practise .. Power of High Courts to make rules . CHAPTER V CONDUCT OF ADVOCATES Punishment of advocates for misconduct ............ Disciplinary powers of Bar Council of India Changes in constitution of disciplinary committees .........ssses00 Disposal of disciplinary proceedings . Appeal to the Bar Council of India Appeal to the Supreme Court Application of Sections 5 and 12 of Limitation Act, 1963 Stay of order ... Alteration in roll of advocates Powers of disciplinary committee .. Pages 24 24 24 25 25 25 26 28 29 29 30 30 30 31 32 34 34 35 35 36 42 43 43 44 44 46 46 46 47 Fee | ADVOCATES ACT, 1961 4 Sections Pages S8-AF, Special provisions in relation to Jammu and Kashmir 0.0.0.0... 61 S8-AG. Special provisions in relation to articled clerks ....... xeeaauseswcutecits 62 58-B. Special provision relating to certain disciplinary proceedings ...... 63 59. Removal of difficulties . 64 60. Power of Central Government to make mules oo... eseeeeeeeeeeee 64 SCHEDULE ooececcsecsesseseceseecesrseeeesnaneneaencecnys 64 65 NOTIFICATION woecccsccceccseecsceseneseesesrecssereeseseerssaarennaneas mak: The Advocates Act, 1961) [Act 25 of 1961] [19th May, 1961] An Act to amend and consolidate the law relating to legal practitioners : and to provide for the constitution of Bar Councils and an All-India Bar Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows:— Statement of Objects and Reasons.—The Bill seeks to implement the recommendations of the All India Bar Committee made in 1953, after taking into account the recommendations of the Law Commission on the subject of Reform of Judicial Administration in so far as the recommendations relate to the Bar and to legal education. The main features of the Bill are,— (1) The establishment of an All India Bar Council and a common roll of advocates, and advocate on the common roll having a right to practice in any part of the country and in any Court, including the Supreme Court; (2) The integration of the bar into a single class of legal practitioners known as advocates; (3) The prescription of a uniform qualification for the admission of persons to be advocates; (4) The division of advocates into senior advocates and other advocates based on merit; (5) The creation of autonomous Bar Councils, onc for the whole of India and on for each State. Following the recommendations of the All India Bar Committee and the Law Commission, the Bill recognised the continued existence of the system known as the dual system now prevailing in the High Court of Calcutta and Bombay, by making suitable provisions in that behalf. It would, however, be open to the two High Courts, if they so desire, to discontinue this system at any time. The Bill, being a comprehensive measure, repeals the Indian Bar Council Act, 1926, and all other Jaws on the subject. Statement of Objects and Reasons to Act, 38 of 1977.—The Advocates (Amendment) Act, 1976 made several changes in the Advocates Act, 1961. According to the amended Act, the Attorney- General of India and the Advocates-General of the States became the ex officio Chairman of the Bar Council of India and the State Bar Councils, respectively. The Solicitor-General of India became the ex officio Vice-Chairman of the Bar Council of India; and the seniors-most Advocate from among the elected members of the State Bar Council became the Vice-Chairman of the Council. In the case of the State Bar Council of Delhi, an advocate, nominated by the Central Government, became the Chairman. The Central Government was also empowered to nominate one officer as a member of the Bar Council of India for a period of two years. 2. This amendment has been criticised by several Bar Councils and the members of the public and the legal profession as a retrograde step and as not conducive to the efficient and proper running of the Bar Councils and one which sets at naught the very fundamentals of autonomy of an independent profession. The Central Government has considered the matter de novo and it is proposed to amend the Act to restore the democratic principle of elected Chairman and Vice-Chairman for the Bar Council 1. Received the assent of the President on 19th May, 1961, and published in the Gazette of India, Extra., Part II, Section 1, dated 19th May, 1961. [5] ADVOCATES ACT, 1961 7 (ii) provide for automatic cessation of membership of members of the State Bar Councils in the event of non-holding of elections within the stipulated period and for making consequential arrangements; (iii) enable the Bar Council of India and the State Bar Councils to mect at places other than their respective headquarters; (iv) increase the enrolment fee from two hundred and fifty rupees to seven hundred and fifty rupees without disturbing the fee payable at present by persons belonging to the Scheduled Castes or the Scheduled Tribes; (v) empower the State Bar Councils not to admit a person as an advocate on a State roll if he has been dismissed or removed from any employment or office under the State on a charge involving moral turpitude; (vi) empower the Supreme Court of India to make rules for determining the persons who shall be entitled to plead before that Court. 2. The Bill seeks to achieve the above objects. Statement of Objects and Reasons of Act, 26 of 2012.—The North-Eastern Areas (Reorganisation) Act, 1971 was enacted with a view to provide for the establishment of the States of Manipur and Tripura and to provide for formation of the State of Meghalaya and of the Union territories of Mizoram and Arunachal Pradesh by reorganisation of the existing State of Assam and for matters connected therewith. 2. Clause (b) of sub-section (1) of Section 28 of the aforesaid Act provides that there shall be a common High Court for the States of Assam, Nagaland, Meghalaya, Manipur and Tripura to be called the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura). Subsequently, under sub-section (1) of Section 15 of the State of Mizoram Act, 1986 and sub-section (1) of Section 18 of the State of Arunachal Pradesh Act, 1986, the Gauhati High Court also became the common High Court for the States of Mizoram and Arunachal Pradesh (the High Court of Arunachal Pradesh, Assam, Meghalaya, Manipur, Mizoram, Nagaland and Tripura). 3. On the 9th February, 1987, it was decided by the Central Government that separate High Courts for each of the States of the North-Eastern Region viz. Arunachal Pradesh, Assam, Meghalaya, Manipur, Mizoram, Nagaland and Tripura (after Arunachal Pradesh and Mizoram attained Statehood) may be established. It was also decided that requisite Parliamentary legislation for this purpose may be brought in Parliament. Pending the enactment of the legislation, the Central Government approved the setting up of permanent Benches of the Gauhati High Court in each of the aforesaid States of the North-Eastern Region. 4. In pursuance of the above decision, in Manipur at Imphal with effect from 21st permanent Benches of the Gauhati High Court were set up January, 1992, in Meghalaya at Shillong with effect from 4th February, 1998 and in Tripura at Agartala with effect from 16th May, 1992. Separate High Courts for each of the States of the North-Eastern Region could not be established as the State Governments concerned could not provide High Court buildings and related infrastructure to the satisfaction of the Chief Justice of the Gauhati High Court. As the new buildings for the High Courts, housing and other infrastructural facilities are now ready, the Governments of Meghalaya, Manipur and Tripura have been requesting for establishment of separate High Courts at their respective State Capitals. 5. The North-Eastern Areas (Reorganisation) Act, 1971 is now proposed to be amended with the object of setting up separate High Courts for the States of Manipur, Meghalaya and Tripura, instead of the Gauhati High Court being the common High Court, in their respective State Capitals at Imphal, Shillong and Agartala, respectively, to address and to provide easy access, speedy and cost effective justice for the people of those States and also to make the consequential amendments in other related laws. 6. The Bill seeks to achieve the above objects. a, | 8 ADVOCATES ACT, 1961 [S.1 Cast Law > Object—The main objective of the integration of the Bar into a single class of legal practitioners known as advocates and the prescription of uniform qualifications for the admission of such persons to the profession was sought to be achieved by the provisions of the Advocates Act, Bar Council of U.P. v. State of U.P., (1973) 1 SCC 261, 262. » Nature and scope.—In pith and substance, the Advocates Act falls under Entries 77 and 78 of List lof the Seventh Schedule, Bar Council of India v. Board of Management, Dayanand College of Law, (2007) 2 SCC 202. Advocates Act, 1961 is not in conflict with U.P. State Universities Act and the concerned Statute of Kanpur University which does not specify that for appointment of Principal of a law college affiliated to the University, qualification in law is essential. Provisions of State Universities Act and the University Statute must be read harmoniously with the provisions of Advocates Act and Bar Council of India Rules. In absence of conflict, Article 254(2) need not be invoked so as to hold that the State Act would prevail over the Center Act, Bar Council of India v. Board of Management, Dayanand College of Law, (2007) 2 SCC 202. » Practice of law.—Dearee of LL.B. is not a post-graduate degree, Juthika Bhattacharya v. State of MP., 1976 SCC (L&S) 561 : (1976) 4 SCC 96. Practice of law is ‘business’ within the meaning of Section 10(3)(a) (iii) of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960, 5. Mohanlal v. R. Kondiah, (1979) 2 SCC 616. > Government pleader.—Even a pleader who is acting along with the Government pleader would be deemed to bea Government pleader for the purpose of Order XXVII C.P.C., Kanta Kethuria v. Manak Chand, (1969) 3 SCC 268. > Public Prosecutor —Public Prosecutor should not appear on behalf of accused, Suni/ Kumar Pal v. Phota Sk., (1984) 4 SCC 533 : 1985 SCC (Cri) 18. > Agent of the party.—Advocate acts as an agent of the party and his acts cannot be ordinarily disowned, Salil Dutta v. T.M. and M.C (P) Ltd., (1993) 2 SCC 185. CHAPTER I PRELIMINARY 1. Short title, extent and commencement.—(1) This Act may be called the Advocates Act, 1961. 21(2) It extends? to the whole of India.] (3) It 4[shall, in relation to the territories other than those referred to in sub-section (4), come into force] on such date5 as the Central Government may, by 2. Subs. by Act, 60 of 1973, S. 2, for sub-section (2) (w.e.f. 31-1-1974). 3. The Act has been extended to— The Union territory of Dadra & Nagar Haveli by Regulation, 8 of 1963. The Union territory of Pondicherry by Act, 26 of 1968, S. 3 and Sch. Subs. by S, 2 of Act, 60 of 1973, for “shall come into force” w.e.f. 31-1-1974. The provisions of the Act have been brought into force as under:— we Date Provisions Notification 1 2 3 10 ADVOCATES ACT, L9G1 [S.3 (1) “law graduate” means a person who has obtained a bachelor's degree in law from any University established by uw in India; G) “legal practitioner” means an advocate “for vakilp of any High Court, a pleader, mukhtar or revenue ¢ ; G) “prescribed” means preseribed by cules made under this Act; (A) “roll means a roll of advocates prepared and maintuined under this Act: () “State” does not include a Union Territory; (m) “State Bar Council” means a Bar Council constituted under Section 3: (n) “State roll” means a roll of advocates prepared and maintained by a State Bar Council under Section 17, 'S1Q2) Any reference in this Act toa law which is not in force in the State of Jammu and Kashinir or in the Union Tertitory of Goa, Daman and Diu, shall, in relation to that State or that Territory, be construed as a reference to the corresponding law, if any, in force in that State or that territory, as the case may be. | ny AMENDME Union Territory of Jammu and Kashmir.—In its application to the Union Territor y of Jammu and Kashmir, in sub-section (2), omit “in the State of Jann and Kashmir or", “that State or”. [Vide $8.0. 1123(E), dated 18-3-2020 (w.e.f, 18-3-2020)] Union Territory of Ladakh.—In its application to the Union Territory of Ladakh — Same as that of UT of Jammu and Kashmir. [Vide S.0, 3774(B), dated 23-10-2020], CHAPTER IL BAR COUNCILS 3. State Bar Councils —(1) There shall be a Bar Council— (a) for each of the States of Andhra Pradesh, Bihar, Gujarat, !®[* * ), [Jharkhand], Madhya Pradesh 'S[and Chhattisgarh], 9p * #], 0p * *], Mysore, Orissa, Rajasthan, 7![Telangana,] ?2[Uttar Pradesh, (Uttarakhand, Meghalaya, Manipur and Tripura]], to be known as the Bar Council of that State; *4[(b)_ for the States of Arunachal Pradesh, Assam, Mizoram and Nagaland to be known as the Bar Council of Arunachal Pradesh, Assam, Mizoram and Nagaland;] 14. 17, . Ans. by Act, 28 of 2000, 19. 20. 22 23. 24, 5. Ins. by Act, 60 of 1973, S. 3 (we. 16. Subs. by Act, 107 of 1976, S, 2 (weet, 15-10-1976), [-1-1974), The words “Jammu and Kashmir" deleted by Act 34 of 2019, 8. 76(a) (wef, 31-10-2019), Prior these words were inserted by Act 60 of 19 A (wef, 31-1-1974), Ins, by Act, 30 of 2000, 8, 28 (wef. 15-11-2000), 24 (wef, 1-11-2000) The word “Madras” ontitted by Act, 26 of 1968, S, 3 and Sch, The word “Maharashtra omitted by Reg. 8 of 1963, 8, 12 (wef, 1-7-1965), Ins. by Act, 6 of 2014, S. 34(1) (we.f, 2-6-2014), Subs, by Act, 29 of 2000, S. 29 (w.e.f, 9-11-2000), Subs. for “and Uttaranchal” by Act, 26 of 2012, S, 9A) Owe, 23-3-2013), Subs. by Act, 26 of 2012, S. SAV) (Woe.f, 23 -2013), Prior to substitution it read as: (b) for the States of Arunachal Pradesh, m, Manipur, Meghalaya, Mizoram, Nagaland and Tripura to be k f i $a ala A ; ‘ and Arian ! he Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram S. 3] ADVOCATES ACT, 1961 1] (c) for the State of Kerala and the Union Territory of Laccadive, Minicoy and Amindivi Islands, to be known as the Bar Council of Kerala; 5[(cc) for the [State of Tamil Nadu] and the Union Territory of Pondicherry to be known as the Bar Council of Madras;] 27[?8[(ccc) for the States of Maharashtra and Goa and the Union Territories of Dadra and Nagar Haveli and Daman and Diu, to be known as the Bar Council of Maharashtra and Goa;]] 291d) for the States of Punjab and Haryana and the Union Territory of Chandigarh, to be known as the Bar Council of Punjab and Haryana; (dd) for the State of Himachal Pradesh, to be known as the Bar Council of Himachal Pradesh;] (e) for the State of West Bengal and the [Union Territory of Andaman and Nicobar Islands], to be known as the Bar Council of West Bengal; and (f) for the Union Territory of Delhi, to be known as the Bar Council of Delhi. 31[(g) for the Union territory of Jammu and Kashmir and Union territory of Ladakh, to be known as the Bar Council of Jammu and Kashmir; and Ladakh.] (2) A State Bar Council shall consist of the following members, namely:— (a) in the case of the State Bar Council of Delhi, the Additional Solicitor- General of India, ex officio; *?[77[in the case of the State Bar Council of Assam, Arunachal Pradesh, Mizoram and Nagaland, the Advocate- General of each of the States of Assam, Arunachal Pradesh, Mizoram and Nagaland], ex officio; in the case of the State Bar Council of Punjab and Haryana, the Advocate-General of each of the States of Punjab and Haryana, ex officio;] and in the case of any other State Bar Council, the Advocate-General of the State, ex officio; 34((b) in the case of a State Bar Council with an electorate not exceeding five thousand, fifteen members, in the case of a State Bar Council with an electorate exceeding five thousand but not exceeding ten thousand, twenty members, and in the case of a State Bar Council with an electorate exceeding ten thousand, twenty-five members, elected in accordance . Ins. by Act, 26 of 1968, S. 3 and Sch. : . Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1970, for “State of Madras” (w.e.f. 14-1-1969). . Ins. by Reg. 8 of 1963, S. 12 (w.e.f. 1-7-1965). . Subs, by Act, 18 of 1987, S. 21 (w.e.f. 30-5-1987). ). Subs. by Act, 53 of 1970, S. 24 (w.c.f. 25-1-1971). Subs. by Act, 81 of 1971, S. 34, for “Union territories of Tripura and the Andaman and Nicobar Islands” (w.c.f, 21-1-1972). Ins. by Act 34 of 2019, S. 76(b) (w.e.f. 31-10-2019). . Ins. by Act, 60 of 1973, S. 4 (w.e.f. 31-1-1974). . Subs. for “in the case of the State Bar Council of Assam, Nagaland, Meghalaya, Manipur, and Tripura, the Advocate-General of each of the States of Assam, Manipur, Meghalaya, Nagaland and Tripura” by Act, 26 of 2012, S. 9(B) (w.e.f. 23-3-2013). Subs. by Act, 60 of 1973, S. 4, for cl. (6) (w.e.f. 31-1-1974). S. 6] ADVOCATES ACT, 1961 13 4. Bar Council of India.—(1) There shall be a Bar Council for the territories to which this Act extends to be known as the Bar Council of India which shall consist of the following members, namely:— (a) the Attorney-General of India, ex officio; (b) the Solicitor-General of India, ex officio; 39(bb) 40r* * k)] (c) one member elected by each State Bar Council from amongst its members. *TC-A) No person shall be eligible for being elected as a member of the Bar Council of India unless he possesses the qualifications specified in the proviso to sub-section (2) of Section 3.] 42((2) There shall be a Chairman and a Vice-Chairman of the Bar Council of India elected by the Council in such manner as may be prescribed. (2-A) A person holding office as Chairman or as Vice-Chairman of the Bar Council of India immediately before the commencement of the Advocates (Amendment) Act, 1977, shall, on such commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be: Provided that such person shall continue to carry on the duties of his office until the Chairman or the Vice-Chairman, as the case may be, of the Council, elected after the commencement of the Advocates (Amendment) Act, 1977, assumes charge of the office.] 43((3) The term of office of a member of the Bar Council of India elected by the State Bar Council shall— (i) in the case of a member of a State Bar Council who holds office ex officio, be two years from the date of his election 4[or till he ceases to be a member of the State Bar Council, whichever is earlier]; and (ii) in any other case, be for the period for which he holds office as a member of the State Bar Council: Provided that every such member shall continue to hold office as a member of the Bar Council of India until his successor is elected.] 5. Bar Council to be body corporate——Every Bar Council shall be a body corporate having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and to contract, and may by the name by which it is known sue and be sued. 6. Functions of State Bar Councils.—(1) The functions of a State Bar Council shall be— 39. Ins. by Act, 107 of 1976, S. 4 (w.e.f. 15-10-1976). 40. Omitted by Act, 38 of 1977, S.3 (w.e.f. 31-10-1977). 41. Ins. by S. 5, Act 60 of 1973 (w.e.f. 31-1-1974). 42. Subs. by Act, 38 of 1977, S.3 (w.e.f. 31-10-1977). 43. Ins. by Act, 21 of 1964, S. 3. 44. Ins. by S.5, Act 60 of 1973 (w.e-f. 31-1-1974). 14 ADVOCATES ACT, 1961 (8.6 9.6 (a) to admit persons as advocates on its roll; (b) to prepare and maintain such roll, (c) to entertain and determine cases of misconduct against advocates on its roll; (d) tosafeguard the rights, privileges and interests of advocates on its rol]. 4S{(dd) to promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes referred to in clause (a) of sub-section (2) of this section and clause (a) of sub-section (2) of Section 7;] (e) to promote and support law reform; 46[(ee) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest; (eee) to organise legal aid to the poor in the prescribed manner;] (f) to manage and invest the funds of the Bar Council; (g) to provide for the election of its members; 47[(gg) to visit and inspect Universities in accordance with the directions given under clause (7) of sub-section (1) of Section 7;] (fh) to perform all other functions conferred on it by or under this Act; (i) to do all other things necessary for discharging the aforesaid functions. 48[(2) A State Bar Council may constitute one or more funds in the prescribed manner for the purpose of— (a) giving financial assistance to org; disabled or other advocates; (b) giving legal aid or advice in accordance with the rules made in this behalf; 49[(c) establishing law libraries.] (3) A State Bar Council may benefactions for all or any of the purp' be credited to the appropriate fund or Is. —The Bar Councils are expected to rise to the occasion as they are responsible to uphold the dignity of courts and majesty of law and to prevent interference in administration of justice. It is the duty of the Bar Councils to ensure that there is no unprofessional and/or unbecoming conduct. This being their duty no Bar Council can even consider giving a call for strike or a call for boycott. It follows that the Bar Councils and even Bar Associations can never consider or take seriously any requisition calling for a meeting to consider a call for a strike or a call for boycott. Such requisitions should be consigned to the place where they belong viz. the waste-paper basket. In case any Association calls for a strike or a call for boycott, the State Bar Council concerned, and on its failure the Bar Council of India, must immediately take disciplinary action against advocates who give a call for strike and if the committee anise welfare schemes for the indigent, receive any grants, donations, gifts or oses specified in sub-section (2) which shall funds constituted under that sub-section.] Case Law > Function of Bar Council 45. Ins. by Act, 70 of 1993, S. 2. 46. Ins. by Act, 60 of 1973, S. 6 (w.e.f. 31-1-1974). 47. Ins. by Act, 70 of 1993, S. 2. 48. Subs. by S. 6, of Act, 60 of 1973 for sub-section (2) (w.e.f. 31-1-1974). 49. Ins. by Act, 70 of 1993, S. 2. 16 , ADVOCATES ACT, 1961 18.7 . A (b) giving legal aid or advice in accordance with the rules made j behalf; . vis Sic) establishing law libraries. ] (3) The Bar Council of India may receive any grants, donations, gift benefactions for all or any of the purposes specified in sub-section (2) which * “ be credited to the appropriate fund or funds constituted under that sub-section 7: Cast Law » Superintendence of ethics —The general superintendence of ethics and etiquette of the profession and questions of misconduct of the members are not wholly outside the ken of the Bar Council of the States or of India and are always within their respective jurisdiction, 0.N, Mohindroo v. District Jud, : Delhi, (1971) 3 SCC5, 13. * > Pre-enrolment training.—Universities in India are concerned with the question of impartin, legal education. Bar Council of India cannot invoke Section 7{1)(H) for framing ules regarding pre-enrolmen training and examination as additional qualification for enrolment as advocate on State roll, V. Sudeery, Bar Council of India, (1999) 3 SCC 176. > Control of legal education.—Having regard to Sections 7(1)(h) and (1)(0), 24 and 49(1)(af) and 1(d) of the Advocates Act and Rules, 2, 12. and 17(1) of Section A of Part IV of the Bar Council of India Rules, itis clear that though the Bar Council of India may not have been entrusted with direct control of legal education in the sense in which the same is entrusted to a university, still, the Bar Council of India retains adequate power to control the course of studies in law, the power of inspection, the power of recognition of degrees and the power to deny enrolment to law degree-holders, unless the university from which they pass out is recognized by the Bar Council of India, Bar Council of India v. Board of Management, Dayanand College of Law, (2007) 2 SCC 202. 5617-4, Membership in international bodies.—The Bar Council of India may become a member of international legal bodies such as the International Bar Association or the International Legal Aid Association, contribute such sums as it thinks fit to such bodies by way of subscription or otherwise and authorise expenditure on the participation of its representatives in any international legal conference or seminar. ] 57(8. Term of office of members of State Bar Council.—The term of office of an elected member of a State Bar Council (other than an elected member thereof referred to in Section 54) shall be five years from the date of publication of the result of his election: Provided that where a State Bar Council fails to provide for the election of its members before the expiry of the said term, the Bar Council of India may, by order, for reasons to be recorded in writing, extend the said term for a period not exceeding six months, 8-A. Constitution of Special Committee in the absence of election —(1) Where a State Bar Council fails to provide for the election of its members before the expiry of the term of five years or the extended term, as the case may be, referred 55. Ins. by Act, 70 of 1993, S. 3. 56. Ins. by S. 8, Act 60 of 1973 (w.e.f, 31-1-1974). 57. Ss. 8 and 8-A Subs. for S. 8 by Act, 70 of 1993, S. 4. S.9] ADVOCATES ACT. 1961 17 to in Section 8, the Bar Council of India shall, on and from the date immediately following the day of such expiry, constitute a Special Committee consisting of— (i) the ex officio member of the State Bar Council referred to in clause (a) of sub-section (2) of Section 3 to be the Chairman: Provided that where there are more than one ex officio members the senior-most amongst them shall be the Chairman; and (if) two members to be nominated by the Bar Council of India from amongst advocates on the electoral roll of the State Bar Council, to discharge the functions of the State Bar Council until the Bar Council is constituted under this Act. (2) On the constitution of the Special Committee and until the State Bar Council is constituted— (a) all properties and assets vesting in the State Bar Council shall vest in the Special Committee; (b) all rights, liabilities and obligations of the State Bar Council, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Special Committee; (c) all proceedings pending before the State Bar Council in respect of any disciplinary matter or otherwise shall stand transferred to the Special Committee. (3) The Special Committee constituted under sub-section (1) shall, in accordance with such directions as the Bar Council of India may give to it in this behalf, hold elections to the State Bar Council within a period of six months from the date of its constitution under sub-section (1), and where, for any reasons the Special Committee is not in a position to conduct election within the said period of six months, the Bar Council of India may, for reasons to be recorded by it in writing, extend the said period.] Case Law > Nature and scope.—A reading of Sections 8 and 8-A of the Advocates Act, 1961 clearly indicates that extension has to be granted before expiry of the original term so as to maintain continuity of the term, Babu Verghese v. Bar Council of Kerala, (1999) 3 SCC 422. 58[9, Disciplinary Committees.—(1) A Bar Council shall constitute one or more disciplinary committees, each of which shall consist of three persons of whom two shall be persons elected by the Council from amongst its members and the other shall be a person co-opted by the Council from amongst advocates who possess the qualifications specified in the proviso to sub-section (2) of Section 3 and who are not members of the Council, and the seniormost advocate amongst the members of a disciplinary committee shall be the Chairman thereof. (2) Notwithstanding anything contained in sub-section (1), any disciplinary committee constituted prior to the commencement of the Advocates (Amendment) Act, 1964 (21 of 1964), may dispose of the proceedings pending before it as if this section had not been amended by the said Act.] 58. Subs. by Act, 21 of 1964, S. 5, for 8.9. Ss ADVOCATES ACT, 1961 19 252 10-B]. Disqualification of members of Bar Council —An elected member € a Bar Counc: k o have vz his office if he is declared by ber to have been absent without sufficient gs of such Council, or if his name is, for any advocates or if he is otherwise disqualified under ¥ . neil of India] IL. Staff of Bar Council —(1) Every Bar Council shall appoint a secretary nt am accountant and such number of other persons on its staff as he accountant, if any, shall possess such qualifications prescrib 12. Accounts and audit —(1) Every Bar Council shall cause to be maintained such books of accounts and other books in such form and in such manner as may criped. counts of a Bar Council shall be audited by auditors duly qualified itors of companies under the Companies Act, 1956 (1 of 1956), at such in such manner as may be prescribed. =f(3) As soon as may be practicable at the end of each financial year, but not later than the 31st day of December of the year next following, a State Bar Council shall send a copy of its accounts together with a copy of the report of the auditors thereon to the Bar Council of India and shall cause the same to be published in the Official Gazette. (4) As soon as may be practicable at the end of each financial year, but not later than the 31st day of December of the year next following, the Bar Council of India shall send a copy of its accounts together with a copy of the report of the auditors thereon to the Central Government and shall cause the same to be published in the Gazette of India_] 13. Vacancies in Bar Councils and committees thereof not to invalidate action taken._—No act done by a Bar Council or any committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Council or committee, as the case may be. 14. Election to Bar Councils not to be questioned on certain grounds.—No election of a member to a Bar Council shall be called in question on the ground merely that due notice thereof has not been given to any person entitled to vote thereat, if notice of the date has, not less than thirty days before that date, been published in the Official Gazette. 15. Power to make rules ——(1) A Bar Council may make rules to carry out the purposes of this Chapter. 62. Ins. by Act, 21 of 1964, S. 6. 63. Renumbered by Act, 60 of 1973, S. 10 (w.e.f. 31-1-1974). 64. Subs. by Act, 60 of 1973, S. 11 for sub-section (3) (w.e.f. 31-1-1974). 20 ADVOCATES ACT, 1961 [S. 15 (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for— ; ; ®S{(a)_ the election of members of the Bar Council by secret ballot including the conditions subject to which persons can exercise the right to vote by postal ballot, the preparation and revision of electoral rolls and the manner in which the results of election shall be published;] (b) S6[* x s] ; . §7[(c)_ the manner of election of the Chairman and the Vice-Chairman of the Bar Council:] : . (d)_ the manner in which and the authority by which doubts and disputes as to the validity of an election to the Bar Council ®S[or to the office of the Chairman or Vice-Chairman] shall be finally decided; (e) 697% = *] () the filling of casual vacancies in the Bar Council; (g)_ the powers and duties of the Chairman and the Vice-Chairman of the Bar Council; 7[(ga)_ the constitution of one or more funds by a Bar Council for the purpose of giving financial assistance or giving legal aid or advice referred to in sub-section (2) of Section 6 and sub-section (2) of Section 7; (gb) organisation of legal aid and advice to the poor, constitution and functions of committees and sub-committees for that purpose and description of proceedings in connection with which legal aid or advice may be given;] (A) the summoning and holding of meetings of the Bar Council, 7[* * *] the conduct of business thereat, and the number of members necessary to constitute a quorum; @ the constitution and functions of any committee of the Bar Council and the term of office of members of any such committee; Gj) the summoning and holding of meetings, the conduct of business of any such committee, and the number of members nec constitute a quorum; (k) the qualifications and the conditions of service of accountant and other employees of the Bar Council: () the maintenance of books of accoul Council; (m) the appointment of auditors and the Council; the management and investment of the funds of the Bar Council. essary to the secretary, the nts and other books by the Bar audit of the accounts of the Bar (n) 65. Subs. by Act, 60 of 1973, S. 12, for cl. (a) (wef. 31-1-1974), 66. Cl. (b) omitted by Act, 60 of 1973, §. 12 (we.f. 3 1-1-1974), 67. Restored by Act, 38 of 1977, S.5 (wef. 31-10-1977). 68. Restored by Act, 38 of 1977, S.5 (wef. 31-10-1977). 69. Cl. (e) omitted by Act, 23 of 1966, S.3 (retrospectively) 70. Ins. by Act, 60 of 1973, S. 12 (wef. 31-1-1974), , 71. Certain words omitted by Act, 60 of 1973, S. 12 (w.e.f. 31-1-1974),