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 10B of the Act.)
A. Election of Members of the Council
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.
(1) The notice and agenda for the first meeting of the State Council held after the election of its members on the expiry of the term of its members elected at the previous election under Section 8 of the Act may include the election of a member of the State Council to the Council under Section (1) (c) of the Act.
(2) Every such election shall be held not later than 30 days after the first meeting of the State Council after election under Section 8 of the Act.
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.
A person elected as a member of the Council under Section 4 (1) (c) of the Act shall cease to be such member:
(a) from the date when he ceases to be a member of the State Council as mentioned in Section 4 (3) (ii) of the Act.
(b) on the acceptance by the Council of his resignation.
(1) In the case of a vacancy in the office of the member of the Council arising for any reason mentioned in Rule 4 (a) of this Chapter or on account of death, intimation of the vacancy shall be given by the Secretary of the State Council to the Secretary of the Council forthwith and
(2) The election to fill the vacancy under Rules 4 (a) or (b) shall be held within 30 days from the date of the vacancy.
(a) If the State Council does not take steps in time for the holding of the election as referred to in these Rules, and
(b) in the case of vacancy of the member of the Council arising under Section 10B of the Act,
the Secretary of the Council shall call upon the concerned State Council requiring it to elect its member to the council within 30 days of such notice.
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.
(1) The name of each candidate for the election shall be proposed by one member and seconded by another member of the State Council at the meeting. No member shall propose or second more than one name.
(2) If only one candidate has been duly nominated, the Returning Officer shall declare him elected.
(3) Any nominated candidate can withdraw before the voting takes place.
(4) If the number of candidates duly nominated is more than one, there shall be an election by secret ballot. The Returning Officer shall provide voting papers with the names of the candidates typed. Each voting paper shall bear the signature of the Returning Officer.
(5) A voter in giving his vote shall place in his voting paper the mark ‘X’ against the name of the candidate of his choice.
The voting paper shall not be signed by the voter and in the event of any erasures, obliterations or alterations in the voting papers or of the voting paper purporting to have been signed by the voter, the voting paper shall be deemed to have been defaced and the vote purporting to have been given thereby shall not be taken into account for the purposes of the election. Subject to the provisions of Rule 10, the decision of the Returning Officer whether the voting paper has or has not been defaced shall be final.
A voting paper shall be invalid on which-
(a) the mark ‘X’ is not made, or
(b) the mark ‘X’ is set opposite the name of more than one candidate or is so placed as to render it doubtful to which candidate it is intended to apply, or
(c) the mark ‘X’ and any other mark of figures are set opposite the name of the same candidate, or
(d) there is any mark in writing by which the voter can be identified.
(6) The Returning Officer shall count the valid votes immediately after the close of voting in the presence of the candidates or their nominees who may choose to be present.
(7) The candidate securing the largest number of the votes shall be declared elected by the Returning Officer.
In the case of two more candidates securing an equal number of votes, the Returning Officer shall decide the election by drawing lots.
(8) Immediately after he declaration of the result, the Returning Officer shall put the ballot papers used for voting in the election in a separate cover, have the cover closed and sealed with his signature and that of all contesting candidates if they desire to do so.
(9) The result of the election shall be communicated forthwith to the Secretary of the Council and sent to the State Gazette or Gazettes concerned for publication.
(1) In case of a dispute arising out of the election, any of the contesting candidates, or any other member of the State Council, may challenge the election by a petition which shall be filed with, or despatched by registered post to the Secretary of the Council within 10 clear days of declaration by the Returning Officer of the result of the election as mentioned in Rule 8 (7). The petitioner shall also send copies of the petition to all the contesting candidates and to the Secretary of the State Council.
(2) As soon as possible after the receipt of the copy of the petition under sub-rule (1), the Secretary of the State Council shall send the sealed cover containing the ballot papers referred to in Rule 8 (8) above, and all other papers and records relating to the election to the Secretary of the Council.
(1) The Council may reject any petition received under Rule 9, if, in its opinion, there is no prima facie case.
(2) If the Council is of the opinion that there is a prima facie case, either the council or a Committee of the Council comprising not more than 3 members of the Council constituted therefor shall, after hearing all the parties concerned, determine the said dispute.
(3) The Council, or the Committee, as the case may be, shall have all or any of the following powers:
(a) to dismiss the petition;
(b) to set aside the election;
(c) to declare any candidate as having been duly elected;
(d) to order a fresh election; and
(e) to make an order as to costs.
(4) A copy of the Order of the Council or the Committee may be sent to the State Council.
(5) The State Council concerened shall cause such fresh election to be held as may be ordered under sub rule (3) of this rule.
(6) The parties shall be entitled to obtain copies of the Order or the decision of the Council or of the Committee as the case may be, on payment of the charges, if any, prescribed therefor under the rules of the Council. The Chairman of the Council or the President of the Committee, as the case may be, may also permit copies of any other part of the record of the enquiry to be furnished on payment of such charges as may be prescribed during the pendency of the election petition.
B. Expiry of term of office of Chairman, Vice-Chairman and Members of Committees of the Council
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. 1
Rule 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.2
C. Election of Chairman and Vice-Chairman
12. (1) (a) The election of the Chairman and Vice-Chairman shall be held at a meeting of the Council.
(b) At every such meeting for the election of the Chairman, the Vice-Chairman, if he is not a candidate, shall preside. In the absense of the Vice-Chairman, a member of the Council who is not a candidate, elected by the members present, shall preside.
(c) In the case of the election of the Vice-Chairman, the Chairman, or in his absence the Vice-Chairman, if he is not a candidate shall preside.
In the absence of the Chairman and the Vice-Chairman, any member of the Council who is not a candidate, elected by the members present, shall preside.
(d) (i) The name of the candidate for the election shall be proposed by one member and seconded by another member at the meeting.
(ii) No member shall propose or second more than one name.
(iii) If only one member has been duly nominated, he shall be declared elected.
(iv) Any candidate nominated may withdraw before voting takes place.
(e) If the number of candidates duly nominated is more than one, there shall be an election by secret ballot.
(f) The Secretary shall provide voting papers with the names of the candidates. Each voting paper shall bear the signature of the Secretary.
(g) A voter in giving his vote shall place on his voting paper a mark ‘X’ against the name of the candidate of his choice.
The voting paper shall not be signed by the voter and in the event of any erasures, obliterations or alterations in the voting paper, or of the voting paper purporting to have been signed by the voter, the voting paper shall be deemed to have been defaced and the vote purporting to have been given thereby shall not be taken into account for the purposes of the election. The decision of the Chairman of the meeting whether the voting paper has or has not been defaced shall be final.
A Voting Paper shall be invalid on which
(i) the mark ‘X’ is not made, or
(ii) the mark ‘X’ is set opposite the name of more than one candidate or is so placed as to render it doubtful to which candidate it is intended to apply, or
(iii) the mark ‘X’ and any other mark or figures are set opposite the name of the same candidate, or
(iv) there is any mark in writing by which the voter can be identified.
(v) The Secretary shall count the valid votes immediately after the close of the voting.
The member securing the largest number of votes shall be declared elected. In the case of two or more members securing an equal number of votes, the Chairman of the meeting shall decide the election by drawing lots.
(2) The Chairman or the Vice-Chairman shall hold office for a period of two years, or until his term of office as Member of the Bar Council of India ceases whichever is earlier.1
(3) The Chairman or the Vice-Chairman may resign his office by letter addressed to the Secretary of the Council. Such resignation shall take effect from the date of the acceptance thereof by the Council or from such other date as the Council may fix.
Provided in the eventuality of mid-term poll of the office of the Chairman or Vice-Chairman, the term shall be of the residuary term.2
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-Chairman
15. 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.
17. 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 thereon, 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 atleast 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)
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.
Notice of the meeting shall specify the time and place of the meeting and shall contain the agenda fixed for the meeting.
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.
The minutes of the previous meeting shall ordinarily be read and recorded at the subsequent meeting.
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.
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.
The Council or any Committee may adjourn from day to day or any particular day, without further notice.
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.
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.
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.
Any Committee may refer for advice any matter to the Council.
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, 9A, 10 and 15 (2) (i) and (j) of the Act)
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.
Any casual vacancy in the above Committees shall be filled up by the Council.
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.
Unless otherwise determined at the time of election, the term of the members of the Committees of the Council shall be as follows:-
(a) Executive Committee -2 years
(b) Disciplinary Committee - 3 years
(c) Legal Education Committee - 4 years
(d) Legal Aid Committee - 2 years
(e) Advocates Fund Committee - 2 years
(f) Any other Committee not falling under the above clauses - 2 years
The Executive Committee
1) The procedure for the election of the Members of the Executive Committee shall be by secret ballot and in accordance with the rules in so far as they are applicable, laid down in Rule 12, Chapter I Part II.
(2) A causal vacancy in the Committee shall be filled up by election by the Council.
(3) The Committee shall elect its own Chairman and Vice-Chairman. The Chairman shall preside over the deliberations of the Committee and in his absence the Vice-Chairman shall preside*.
(4) The Committee shall be the executive authority of the Council and shall be responsible for giving effect to the resolutions of the Council. It shall have powers :-
(a) to manage the funds of the Council;
(b) invest the funds of the Council in the manner directed by the Council from time to time;
(c) to grant leave to members of the staff, other than casual leave;
(d) to prescribe books of account, registers and files for the proper management of the affairs of the Council;
(e) to appoint and supervise the work of the members of the staff and prescribe their conditions of service;
(f) to appoint auditors and fix their remuneration;
(g) to consider the annual audit report and place it before the Council with its comments for its consideration;
(h) to maintain a library and under the directions of the Council publish any journal, treatise or pamphlets on legal subjects;
(i) to prepare and place before the Council the annual administration report and the statement of account;
(j) to provide for proper annual inspection of the office and its registers;
(k) to authorise the Secretary to incur expenditure within prescribed limits;
(l) to fix travelling and other allowances to members of the committees of the Council, and to members of the staff;
(m) to delegate to the Chairman and/or the Vice-Chairman any of its aforementioned powers;
(n) to do all other things necessary for discharging the aforesaid functions.
The legal Education Committee
1) The procedure for the election of the Members of the Legal Education Committee shall be by secret ballot, and in accordance with the rules, in so far as they are applicable, laid down in Rule 12, Chapter I, Part II.
(2) The names of the remaining five members of the Committee to be co-opted shall be proposed and seconded by the members of the Council. In case more than five persons are proposed they shall be chosen by a show of hands. If there is equality of votes, the Chairman of the meeting shall have a casting vote.
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.
he Committee shall have the following powers and duties:
(a) to make its recommendations to the Council for laying down the standards of legal education for the Universities;
(b) to visit and inspect Universities and report the results to the Council;
(c) to recommend to the Council the conditions, if any, subject to which foreign qualification in law obtained by persons other than citizens of India may be recognised for admission as Advocates under the Act;
(d)
(i) to recommend to the Council for recognition of any degree in law of any University in the territory of India under Section 24 (1) (c) (iii) of the Act, and
(ii) to recommend the discontinuance of any recognition already made by the Council.
The Disciplinary Committee
(1) The procedure for the election or co-option of the members of the Disciplinary Committee shall be by secret ballot and in accordance with the rules, in so far as they are applicable, as laid down in Rule 12.
Chapter I, Part II.
(2) Any causal vacancy shall be filled in by Council by election or
co-option from amongst its members or non-members as the case may be.
(3) The Chairman or the Vice-Chairman of the Executive Committee shall assign and allocate all matters relating to the Disciplinary Committees amongst them if more than one such Committee is constituted or is in existence.
(4) In case of the absence of a Bar Council of India’s member during the sitting of the Disciplinary Committee of the Bar Council of India, the remaining two members of the said Committee may request any available Bar Council of India member to fill the vacancy caused by such absence and in case of the absence of a co-opted member of a Disciplinary Committee of the Bar Council of India, the other two members may make similar request to any other available co-opted member of a Diciplinary Committee of the Bar Council of India and the Committee so constituted shall be deemed to be a Committee constituted under this rule for the purpose of that meeting and shall have all the powers of a Disciplinary Committee of the Bar Council of India*.
For the purpose of determining the senior most member of a Disciplinary Committee under Section 9 of the Advocates Act, 1961, the seniority:
(i) of a senior Advocate, and
(ii) of an Advocate of the Supreme Court enrolled before 1-12-1961, shall be determined in accordance with the date of his enrolment under the Bar Councils Act, 1926.
Election of Representatives : The Procedure for electing its representative to the Press Council of India under the 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* 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 1997
These Rules shall be called “Bar Council of India Employees Service Rules, 1997”.
These Rules shall come into force from the date to be specified by the Executive Committee.
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.
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.
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.
That for the purpose of direct recruitment, vacancies shall be advertised in atleast one daily newspaper.
That recruitment/promotion to the post shall only be made in the case of vacancy.
That for recruitment/promotion a person must possess qualifications as provided in Schedule I to these Rules.
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.
That for the recruitment to the service of the bar Council of India the incumbent’s minimum age shall not be less than 21 years and not more than 35 years on the date of appointment except for the posts of Secretary and Accountant.
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.
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 preceeding month
(i) That promotion shall be made on the basis of seniority-cum-merit upto grades of Assistants.
(ii) For the post of Office Superintendent, other equivalent posts and the other posts in Schedule, the consideration shall be made on the basis of merit-cum-seniority.
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.
That the post of Chowkidar/peon/Gardener and Guest room Attendant shall be inter-changeable regardless of their appointment.
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.
(i) The pay scales of the Secretary and members of staff are those as specified in Schedule II to these Rules.
(ii) The Secretary and other permanent members of the staff shall be entitled to dearness allowance, house rent allowance and City Compensatory allowance at the rate as may be determined from time to time by the Executive Committee and approved by the Bar Council of India.
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.
That strength of posts in the Bar Council of India shall be as specified in the Second Schedule to the Rules.
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.
(1) That an employee of the Bar Council of India may be placed under suspension if any departmental enquiry is pending or is contemplated against him/her or he/she is involved in any criminal case involving moral turpitude during the course of enquiry for trial.
(2) An employee shall be entitled for substantive allowance of 50% of his basic pay and allowance during the period of suspension and it shall be for the disciplinary authority to pass order on conclusion of enquiry or trial whether an employee is entitled for payment of full salary for the period he has remained under suspension.
(3) The authority which made the order of suspension shall be competent to increase the amount of subsistance allowance by a suitable amount not exceeding 50% of the subsistence allowance admissible during the period if the period of suspension has been prolonged due to the reasons to be recorded in writing not directly attributable to the Council employees.
(4) The amount of subsistence allowance may be reduced by suitable amount not exceeding 50% of the subsistence allowance if the period of suspension has been prolonged due to the reasons to be recorded in writing, directly attributable to the Council employee.
Schedule-I
Sr. No.
Name of Post
Method of recruitment
Qualification/Eligibility criteria
1.
Secretary
Direct
(a) be a citizen of India
(b) be a law graduate or barrister-at-law
(c) have been either —
(i) Registrar of the Supreme Court or a high Court in India, or
(ii) an advocate with 15 years practice at the bar, or
(iii) Secretary of a Bar Council for atleast 10 years, or
(iv) District Judge having five years’ experience as District Judge(1), or
(v) Principal of a recognised Law College having experience as a Principal for five years’ and seven years’ standing at the Bar(2), or
(vi) Professor or Reader of Law in a University recognised by the Council with 10 years standing and having seven years experience at the Bar(3), or
(vii) Law Graduate with three years experience as Assistant Secretary of the Bar Council of India(1)
(d) be ordinarily not less than 40 years and not more than 50 years of age at the time of appointment.
Provided that if at any time the Council considers that a person having the necessary qualifications is not available, it may relax any of the qualifications mentioned in sub-rules (c) and (d) of this rule.
2.
Asstt. Secretary
By promotion
(i) Office Superintendent
(ii) Asstt. Registrar and Accountant with minimum of five years experience in the post.
3.
Asstt. Secretary-Cum-Accounts Officer
By promotion
C.A. plus B.Com. with five years as Accountant.
4.
Office Supdt.
By promotion
From Assistant Gr. III with six years experience.
5.
Asstt. Registrar
By promotion
from Assistant Grade III with six years experience.
6.
Accountant
Direct
(a) M.Com. of any recognised University in India or its equivalent or a Chartered Accountant
(b) experience as Accountant preferably in limited company or reputed commercial concern for not less than 5 years,
(c) ordinarily not less than 30 years of age at the time of appointment.
Provided, however, that any of the above qualifications may be waived in the case of a person who had been already in the service of the Council as Deputy or Asstt. Accountant or otherwise and is considered for such appointment as Accountant or if a suitable candidate possessing the above qualifications is not available and the Council considers if fit to appoint him.
7.
Assistant Gr. III
By promotion
(i) From amongst the Assistant Gr. II with 5 years experience, or
(ii) From amongst the Assistant Gr. I with 7 years experience possessing a graduate Degree of a recognised University.
8.
Assistant Gr. II
Assistant Gr. II
By promotion
Direct
(i) From amongst the Assistant Gr. I with 5 years experience in the case of promotion.
(ii) A graduate from a recognised University for direct recruitment.
9.
Assistant Gr. I
Direct 1/4th by promotion
(i) Graduate Degree from a recognised University for direct recruitment.
(ii) From amongst Peon/Chowkidar and other equivalent post with 10 + 2 from a recognised Board with pass in the test.
10.
Peon/Chowkidar/Gardner
Direct
10th Pass
Notes:
(a) For posts 2 to 10 if no suitable person is found available for promotion than as per Rule 9, the post be filled by direct recruitment.
(b) The Executive Committee may from time to time amend the 1st Schedule by increasing or decreasing the number of post.
(c) Interse seniority between the employees of the Bar Council of India and the bar Council of India Truss is irrelevant.
Sl.No.7 — Steno. To specify qualifying speed in short hand and typing.
Sl. No. 8 & 9 — Assistant Gr. I and II — Extra qualification— typing-to specify speed.
Sl. No. 9 — Assistant Gr. I
Secretary: The Secretary shall be the Chief Executive Officer of the Council and shall perform inter alia the following duties:
(i) Attend all meetings of the Council or of the Committees unless otherwise directed;
(ii) keep records and minutes of the proceedings of the Council and of its Committees;
(iii) keep in his custody the property of the Council including the seal of the Council;
(iv) exercise general control and supervision over the employees of the Council;
(v) arrange for the deposit of the monies received on behalf of the Council in bank and see to the security of the cash in hand;
(vi) act as Secretary of all Committees, and convene meetings of the Council or its Committees, unless otherwise decided by the Council;
(vii) appoint such temporary staff as may be necessary with the permission of the Chairman to transact urgent work;
(viii) issue requisite notifications as prescribed and circulars as may be required;
(ix) attend to the correspondence of the Council and of the Committees;
(x) act as Registrar of Disciplinary Committees, issue notices and subpoenas and be incharge of all work in proceedings under Chapter V of the Act including the grant of certified copies of documents and evidence or statements of witnesses;
(xi) grand certified copies of documents or other proceedings referred to in the Act in these rules;
(xii) shall be the custodian of the records, registers, accounts, furniture, library and such other property as the Council might acquire from time to time;
(xiii) perform such other duties as may be assigned to him by the council or the committees, or the Chairman.
Accountant: The Accountant shall be responsible for the maintenance of all the accounts of the Council and he may all be required by the Council or Secretary to discharge such additional work of the Council as may be entrusted to him.
Schedule II (Revised)
Sr. No.
Post
No. of post
Pay scale in rupees
1.
Secretary
1
4500-150-5100-150-6300-200-6700
2.
Asstt. Secretary
2
3000-100-3500-125-4500-EB-150-5100
3.
Asstt. Secretary-cum-Accounts Officer
1
3000-100-3500-125-4500-EB-150-5100
4.
Asstt. Registrar (DC)
1
2000-60-2600-EB-75-2900-100-3500-EB-125-4000
5.
Office Supdt.
1
2000-60-2600-EB-75-2900-100-3500-EB-125-4000
6.
Accountant
1
2000-60-2600-EB-75-2900-100-3500-EB-125-4000
7.
Assistant (Gr. III) (including One Steno One Asstt. Accountant)
5
.1640-60-2600 EB-75-2900EB100-3200
8.
Assistant (Gr. II) (including one typist)
2
1220-30-1400-50-1650-EB-50-2200
9.
Assistant (Gr. I) (including three Clerks One Gestetner Opr. and one Electrician-cum-Assistant)
5
950-20-1150-EB-25-1400-EB-50-1800
10.
Peon/Watchman/Gardner
8
800-15-1010-EB-25-1400-EB-50-1600 (Posts are interchangeable for duty purposes)
11.
Sweeper
1
800-15-1010-EB-25-1400-EB-50-1600
Chapter V Rules relating to Finance (Rules under Section 15 (2) (l), (m) and (n) of the Act)
All monies received on behalf of the Council shall be acknowledge 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 nest working day of the Bank.
The books of the account and registers shall be strongly bound and paged. On the 1st 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.
Receipt forms shall be numbered consecutively and bound into books of 50 or 100 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 1st part shall be given to the payee. All receipts shall be signed by the Secretary or by such person as the Council may direct.
Payments of Rs. 50/- and over shall ordinarily be by cheque.
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.
Salary bills shall be in such form as the Executive Committee may direct.
A bill presented for payment three months after the money becomes due shall not be paid without the sanction of the Executive Committee.
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.
The Accountant shall maintain an acquittance register in the following from/or in such other form as the auditor may direct :
Name
Designation
Pay
Dearness Allownce etc
Total Salary (add col 3 and 4)
Contribution towards provident fund
Net Salary payable (Col 5 minus 6)
1
2
3
4
5
6
7
Installment Amount towards provident fund loan taken
Amount of interest payable on the principal loan amount outstanding
Total
Signature with date
8
9
10
11
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 India1.
10 B. That for the purpose of borrowing, the Bar Council of India may authorise any officer or office bearer to sign necessary documents1.
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 Institutions2.
(1) (i) The chairman (ii) the Vice-Chairman or (iii) any other person authorised by the Council, shall be entitled to incur expenditure sanctioned in the budget without any further authority.
(2) The Chairman and/or the Vice-Chairman or any other person authorised by the Council, shall have authority to spend or incur expenditure of an emergent nature not provided for in the budget not exceeding Rs. 2000/- a month for the purpose of the Council.
The Chairman and/or the Vice-Chairman shall be the authority to sanction travelling allowance and daily allowance bills of the members.
The accounts of the Council shall be audited once a year.
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.
The funds of the Council may be invested as follows:-
(i) in the State Bank of India or such other nationalised bank as the Council may decide;
(ii) in any of the securities specified in Section 20 of the Indian Trusts Act, 1882, as the Council may decide;
(iii) in Fixed Deposits with Government Companies as defined in the Companies Act, 1956.1
Budget estimates of Income and Expenditure for the coming year shall be made by Executive Committee and laid before the Council for approval before the 31st March every year.
(1) All cheques other than those mentioned in sub-rule (2) shall be signed or endorsed and all bills, notes or other negotiable instruments shall be drawn, accepted or made on behalf of the Council by two persons. viz., (i) by the Chairman or the Vice-Chairman of the Council and in their absence by such other members as may be authorised by the Council in that behalf, and (ii) the Secretary, and in his absence the Joint or Assistant Secretary, if any, authorised by the Council.
(2) Notwithstanding anything contained in Rule 11, Chapter V Part II of the Council, the Council may by resolution open a separate Savings Bank Account in any Bank specified by it or in a Post Office to be operated by the Secretary of the Council.
All monies and securities belonging to the Council shall stand in the name of the Council.
The Council shall open a Provident Fund account in a Bank authorised by the Council in accordance with the Provident Fund Rules.
Chapter VI
A. Miscellaneous : Publication of rules and other information and date of coming into force of the rules
(Rules u/s 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 Gazatte of India.
2. Information, inter alia, on the following matters shall, unless the Council determines otherwise, be communicated to all the State
Councils:-
(i) Election of Chairman, Vice-Chairman,
(ii) Order of the Council under proviso to Section 26 (1) of the Act, removal of name under Section 26A of the Act and orders on matters dealt with under Section 48A and 48B of the Act as are approved by the Council for communication.
(iii) Consent expressed under Section 27 of the Act to the enrolment of a person whose application on a former occasion had been refused by a State Council.
(iv) Decisions of the Council relating to recognition of degrees referred to in Section 24 (1( (c) (iii) (iiia) or (iv) of the Act.
(v) Decision of the Council or its Committees on election disputes under rules 10 of the rules in Chapter I, Part II of these rules.
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, 36B 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 thereof 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 Copies
6. (1) Save as otherwise directed by the Chairman or the Vice-Chairman of the Council or the Chairman of the Committee concerned as the case may be, inspection of any of the records in any proceedings of a judicial nature of the Council or of its committees other than those of a disciplinary Committee may be permitted to the parties or their counsel, on any working day except during the summer or other vacations of the supreme Court on presentation to the Secretary of an application duly signed by the applicant or his counsel.
(2) An application for inspection shall be accompanied by the fees prescribed therefor in cash. The Secretary may permit the inspection in his presence or in the presence of any member of the staff authorised by him. The person inspecting shall not be entitled to make copies of the records of which inspection is permitted. He shall however be permitted to make short notes in pencil.
(3) Save as otherwise directed by the Chairman or Vice-Chairman of the Council or the Chairman of the Committee concerned as the case may be, certified copies of the records of a proceedings of a judicial nature of the Council or of its Committees as the case may be, may be granted to the parties or to their counsel on an application made in that behalf and on payment in cash of the prescribed fees.
Chapter VII Proceedings for removal of name from roll under proviso to Section 26 (1) of the Act
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.
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 as 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
(1) An application for revision shall be in the form of a petition duly signed setting out the necessary facts, and shall be accompanied by the copy of the order in respect of which the revision is filed, giving the address of the petitioner and the respondent or respondents. It shall be supported by affidavit and shall be accompanied by the prescribed fee which is payable in cash or could be sent by M.O. The applicant shall file at least 5 more copies of the petition and affidavit, and if there is more than one respondent as many additional copies as are necessary to serve the other respondents.
He shall file translations in English of such of the papers as may be necessary for reference at the time of hearing.
(2) No application for revision shall ordinarily be entertained after 90 days from the date of the order complained of.
(1) If the revision petition is in order, the papers shall be called for and the Council, or a Committee of the Council constituted or authorised in this behalf, may direct notice to the respondent. The papers shall not however be called for unless so directed by the Council for revision petition against an order of the Disciplinary Committee.
(2) If the Council or the Committee considers that there are no merits in the revision petition, opportunity shall be given to the petitioner to appear before the Council in support of the petition.
The Council may, after hearing the petitioner, direct notice to the respondent or dismiss the petition, as it may consider fit.
Upon notice being issued under the above rules after giving reasonable opportunity of hearing to the parties, the Council may pass such orders on the revision petition as it deems proper.
Unless the Council otherwise specially directs, the petitioner and the respondent may appear by advocates, who shall file a vakalatnama signed by the party.
A copy of the order on the revision shall be sent to the parties.
FORM-A Subject to necessary modifications (Under Rule 3, Chapter IX, Part II of the Rules of the Bar Council of India) For Revision under Section 48A
BAR COUNCIL OF INDIA
Notice under Section 48A of the Advocates Act, 1961, read with the rules in Chapter IX, Part II of the Rules of the Bar Council of India.
BCI Revision case no. .............................../19..................................
In the matter of ............................................................................. ...........................................................................................Petitioner
..................................................................................Respondent
Whereas on the application above referred to/suo motu/the Bar Council of India having come to the conclusion that in exercise of the powers conferred upon it under Section 48A of the Advocates Act, 1961, it should satisfy itself as to the legality or propriety of such disposal/of the Bar Council or/of the committee of the Bar Council of/dated .............. (set out the necessary gist of the order).
The respondent is hereby informed that the said application will be heard by the Bar Council of India on .......................... at (time) .............. at (place) .................................. and if the respondent does not appear in person or through his advocate on the said date or on such other date to which the hearing may be adjourned, the matter will be heard and disposed of in his absence.
Secretary
Bar Council of India
Date..........................
Chapter-X Application for review under Section 48 AA of the Act
1. (1) An application for review made under Section 48AA of the Act shall set out the necessary facts and the grounds for review and be accompanied by an affidavit and the fee prescribed under these rules.
(2) A true copy of the order shall be filed along with the application.
(3) If the application for review received is in order, the Council may direct the issue of notice to the petitioner and such other person as it may consider necessary.
(4) A copy of the order on the review application shall be sent free of charge to the petitioner and the other party if any.
(5) Save as otherwise directed, the parties to whom notice has been issued may appear in person or by advocate or through authorised agent and if any of the parties fail to appear pursuant to the notice issued on any date of hearing, the Council may dispose of the application in such manner as it may think fit.
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.
1. Amended vide Resolution No. 83/1997 dt. 10-8-1997.
2. Added in Dec. 1998.
1. Amended vide Resolution No. 83/1997 dt. 10-8-97.
2. Amendment came into effect from 26.7.87
* Rule came into force w.e.f. 17th Oct. 1998. (Resolution No. 92/1998)
*Sub-Rule amended w.e.f. 18-6-1977
* Rule 9(4) came into force w.e.f. 2-6-1996 vide Resolution No. 54/1996.
*Chapter IV in Part-II amended w.e.f. 1-4-1997.
(1) The sub-clause added w.e.f. 25-11-1978
(2) .....................................do.....................................
(3) .....................................do.....................................
(1) The sub-clause added w.e.f. 25-11-1978
(2) .....................................do.....................................
1. Rule 10A and 10B came into force from 11th Feb. 1990.
2. Rule 10C came into force from 22nd April 1990.
1. Sub-clause (iii) of Rule 15 added w.e.f. 23-1-1982.
