Bar Council of India, Thesis of Legal and Social Theory

Download Bar Council of India and more Thesis Legal and Social Theory in PDF only on Docsity! SOS MEINE EET, AUUUUINIAGIEL TT 12. Staff of Bar Council of India 13. Rules Relating to Finance 14. Accounts and Audit 1. Bar Council of India The Bar Council of India is the apex body which is created by law for professional 8o0vernance of lawyers in the country. It regulates the legal Pe eoasion in India. Tt is a body corporate having perpetual succession, and a@ common seal. It has the power to acquire and hold property, both mir need and immovable. It is competent to contract. It may sue and be sued. 2. Establishment _ . The Advocates Act, 1961 was enacted to amend and consolidate the law relating to legal practitioners and to provide for the constitution of the Bar Councils and an All-India Bar. It provides that a Bar Council shall be established for the territories to which this Act extends. It shall be known as Bar Council of India.’ Accordingly, the Bar Council of India is established with the object to regulate and represent the Indian Bar. 3. Composition _ The Bar Council of India consists of two kinds of members viz. Elected members and Ex officio members. The Attorney General of India and the Solicitor General of India are ex officio members. In addition, there shall be elected members of Bar Council of India who come from the State Bar Councils, one member from each. Every State Bar Council elects one person from amongst its members to be a member of Bar Council of India.* The person so elected may be an’ ex officio member or an elected member, but he must have been an advocate on the Roll of electing State Bar Cruncil for at least ten ae Prescribed in the Act. A person not fulfilling the criterion is not eligible for being elected as a member of Bar council of India.‘  oO SAY COUNCIL OF INDIA _ the ‘no confidence’ motion shall be convened on a notice of at least one - month. Such meeting shall not be Presided over by the Chairman or Vice-Chairman, if the motion is against him. However, the Chairman or - the Vice-Chairman shall have the night to vote, speak or take part in the proceeding of the meeting.’ 6. Committees of Bar Council of India The Bar Council of India shall Constitute various committees, viz. (i) Disciplinary Committee, (ji) Legal Aid Committee, (iii) Executive _ Committee, and (iv) Legal Education Committee. In addition to above committees, the Bar Council ; . delegated to such committees.’ Any . casual vacancy in the above Committees shall be filled up by the Bar — Council of India.* The name of the Chairman may be specified at time of the constitution of a Committee or Sub-Committee. But where it has _ not been so specified and the Chairman or the Vice-Chairman of the Bar Council of India is not a me i mber of it, the Committee or the Sub-Committee shall choose its Chairman for the meeting.’ _ (1) Disciplinary Committee The Bar Council of India shall constitute one or more disciplinary committees. Every such committee shall consist of three persons. Out of them, two shall be persons elected by the Council from amongst its members. The third person shall be co-opted by the Council from amongst advocates . possessing the qualifi ications but not being members of the Council. The senior-most advocate amongst the members of a disciplinary committee shall be the Chairman thereof.> For determination of seniority of a Senior Advocate, and of an Advocate of the Supreme Court enroled before 1.12.1961, the date of his enrolment under the Bar Councils Act, 1926 is taken into consideration.‘ (i) Term of the members The term of the members of the disciplinary committees is three years.’ If any causal vacancy arises, it shall be filled by the Bar Council of India by election or co-option. The co-option may be made from amongst the members or non-members of Bar Council of India.* (ii) Procedure for election or co-option of members The procedure for the: election or co- option of the members of the Disciplinary Committee shall be by secret ballot and in accordance with 1. Bar Council of India Rules, 1975, Part II, Chapter I-Non-obstante Clause attached to Rule 22. Bar Council of India Rules, 1975, Part 11, Chapter III, Rule 1 Bar Council of India Rules, 1975, Part Tl, Chapter MII, Rule 2. Bar Council of India Rules, 1975, Part II, Chapter Ill, Rule 3 - Section 9 of Advocates Act, 1961. Bar Council of India Rules, 1975, Part II, Chapter II], Rule 10 Bar Council. of India Rules, 1975, Pari 11, Chapter III, Rule 4 Bar Council of India Rules, 1975, Part 11, Chapter UI, Rule 9 (2) @erRason  120 LEGAL ETHICS. ACCOUNTABILITY OF LAWYERS & BENCH.BAR RELATIONS is sixty days of the date of that order passed by it. However, th of review of the disciplinary committee of a State Bar Council sh i Ong, effect only upon approval of the Bar Council of India.! all hay, ' The disciplinary committee is deemed to be a civil court proceedings before it are deemed to be judicial Proceedings? a competent to send to any civil court any summons or other Procege «! attendance of a witness or for production of document. It may also + be commissions. The civil court shall cause such process to be Serveg such commission to be issued. The civil court may enforce any process as if it were a process for attendance or production before itse (2) Legal Aid Committee A Bar Council may constitute one or more legal aid committee, provide help to those who need legal assistance. Each committee shalj | consist of prescribed number of members. However, the number shall ng be less than five and shall not exceed nine. The qualifications, the method of selection and the term of office of the members of legal aid committe, shall be such as may be prescribed.‘ The term of the members of the Legal Aid Committee has been determined to be two years.® (3) Executive committee The Bar Council of India shall constitute an Executive Committee, It is a standing committee. It consists of nine members who are elected by Bar Council of India from amongst its members.® It is the executive authority of Bar Council of India and is responsible for giving effect to the resolutions of the Bar Council of India.’ The details of constitution, functions and procedures of Executive Committee of the Bar Council of India are provided in Bar Council of India Rules, 1975.8 This Committee deals with the issues related to management of funds, affairs of the staff, accounts, allotment of work, management of council’s affairs, audit, library and legal publications delegation of work etc. @ Election of members The members of the Executive Committee are elected by secret ballot in accordance with Rule 12, Chapter I, Part II.° Accordingly, a meeting is convened for election, wherein one member proposes the name of the candidate and the other member seconds it. One member can Propose or second only one candidate. Proposing or seconding more than one person is impermissible. Any candidate nominated may withdraw before voting takes place. If only one member has been duly nominated, he shall be Section 44 of Advocates Act, 1961. Section 42 (2) of Advocates Act, 1961. Section 42 (3) of Advocates Act, 1961. tion 9A of Advocates Act, 1961. Bae "Council of India Rules, 1975, Part II, Chapter il, Rule 4. / Section 10 (2) (a) of Advocates Act, 1961 and Bar Council of India Rules, 1975, Part ter Ill, Rule 4. Bon Connell of India Rules, 1975, Part I, Chapter Ill, Rule 5 (4) Bar Council of India Rules, 1975, Part II, Chapter Ill, Rule 5 Bar Council of India Rules, 1975, Part Il, Chapter I, Rule 5 (1). Peek ee ees of aft yor? voll the Oot THE BAR COUNCIL OF INDIA 7 soclared elected. But where the numt os than one, there shall be an e 0 ret ballot. The Secretary shal by the candidates. Each voting Pi Secretary as a token of authentica ver of candidates duly nominated is lection. The election shall be conducted 1 provide voting papers with the names aper shall bear the signature of the tion. A voter ig required to mark ‘X’ in to render it doubtful to which candidate i the mark is made along with any other mark of figures against the name _ of the same candidate; or (v) there is an Yy mark in writing by which the yoter can be identified. The Secretary shall count the valid votes it is intended to apply; or (iv) publication. (ii) Term of office of the members The term of the members of the Any causal vacancy in the Commit the Bar Council of India.? The Co and Vice-Chairman. The Chairman the Committee and in his absence executive committee is of two years.' tee shall be filled up by election by mmittee shall elect its own Chairman shall preside over the deliberations of the Vice-Chairman shall preside.® (iii) Powers The Executive committee is vested w Gi) to manage the funds of the (i) invest the fun from time to time; (ili) to grant leave to members of the staff, other than casual leave; ith following powers‘ :— Bar Council of India; ds of the Bar Council of India, as directed (iv) to prescribe books of account, registers and fi Proper management of the affairs of the Bar Council of (v) to appoint and supervise the work of the m and prescribe their conditions of service; (vi) to appoint auditors and fix their remuneration; les for the India; embers of the staff * Bar Council of India Rules, 1975, Part U, Chapter II, Rule 4 fat Council of India Rules, 1975, Part 11, Chapter IIL, Rule 8 (2) * Bar Council of India Rules, 1975, Part Il, Chapter IIL. Rule & cn ‘@r Council of India Rules, 1975, Part Il, Chapter If, Rule 5 (4) (a) to (n) Senne  ————— a ah —————————————————~ | ( 122 LEGAL ETHICS, ACCOUNTABILITY OF LAWYERS & BENCH-BAR RELATIONS (vii) to consider the annual audit report and Place it beforg Bar Council of India with its comments for its consideration; (viii) to maintain a library and under the directions of the " Council of India and publish any journal, treatise or Pamphlet, ‘, ‘eel th) te ronan and place before the Bar Council of In annual administration report and the statement of account; (x) to provide for proper annual inspection of the office and iy registers; ; (xi) to authorize the Secretary to incur expenditure Within Prescribed limits; (xii) to fix travelling and other allowances to members of the Committees of the Bar Council of India, and to members of the staff: (xii) to delegate to the Chairman and/or the Vice-Chairman any of its aforementioned Powers; (xiv) to do all other things necessary for discharging the aforesaid functions. (4) Legal Education Committee The Bar Council of India shall constitute a st known as Legal Education Committee. It shall be stan (i) Composition The Legal Education Committee shall co! of these, five members shall be elected from amongst the members of Bar Council of India. The rest five members shall be co-optec by the Bar Council of India, The co-opted members shall be those who are not the members of Bar Council of India.’ (ii) Election of Members The elected members of Legal Education Co: secret ballot.? A meeting is ¢ dia the anding committee ding committee, insist of ten members. Out shall provide voting papers Paper shall bear the signature of the Secretary 28 8 token of authentication. A voter is required to mark ‘X’ in his voting paper against the name of the candidate of his choice. The votes cast by the voters shall be counted by the Secretary immediately after close of Voting. While counting, the defaced and invalid voting papers are discarded, Paper is said to be defaced if it is signed by the voter or it conta; Voting NS any 1. Section 10 (2) (b) of Advocates Act, 1961 a Rule 6 (1). ® Bar Council of India Rules, 1975. Part Il, Chapter Ul,  THE BAR COUNCIL. OF INDIA 1% me for financial assistance to State Bar Councils gene scheme for financial assistance to the State Bar Councils has been ulated.’ The scheme shall be applicable to only such State Bar rns which have remitted the sum to the Bar Council of India. The Col sal assistance under the scheme shall be extended to the State Bar finan dvocate or the ad _ uncils when the advocate or the advocates have : co (a) seriously suffered due to some natural calamity; or (b) died an unnatural death due to accident or natural calamity or any other cause of like nature, or : (c) suffered or. is suffering from such serious disease or illness which is likely to cause death if no proper treatment is given and the advocate requires financial assistance for proper treatment and has no personal assets to meet such expenditures except residential house; or (d) become physically disabled or incapacitated to continue his profession due to natural calamity or accident or any other cause of like nature. In case of any such exigency, the Chairman of the State Bar Council or the Member of the Bar Council of India from that State shall furnish a report thereof to the Chairman of Bar Council of India. On being satisfied by such report, the Chairman of Bar Council of India may immediately sanction a reasonable amount. Such amount however shall not exceed Rs. 20,000/- in an individual case and Rs. 50,000/- in case of some calamity involving more than one advocate. After sanctioning the amount, The Chairman of Bar Council of India shall make a report to the Advocates Welfare Committee of the Bar Council of India. The amount so sanctioned shall be placed at the disposal of the Advocates Welfare Committee of the Bar Council of India for the State. The 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. 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. (7) Building Committee The Building Committee is responsible for setting up offices for the Council. The term of the members of this committee is two years. _ (8) Rules Committee The Rules Committee reviews the rules and regulations of the Council. The term of the members of this committee is two years” (9) All India Bar Examination Committee The All India Bar Examination Committee is constituted te conduct ee |. Bar Council of India Rules 1975, Part VI, Chapter Il, Section TVA, Rule itl! 2. Bar Council of India Rules, 1975, Part I, Chapter UI, Rule 4 3. Bar Council of India Rules, 1975, Part H, Chapter Hl, Rule 4  ER i LEGAL ETHICS, ACCOUNTABILITY OF LAWYERS & BENCH. Bap Fg the All India Bar Examination (i) All India Bar Examination . On April 10, 2016, the Bar Couneil of India adopted or conduct an All India Bar Examination, the passing of Which wali, an advocate to practice law in India. Consequent to the re wiy ny Men! 9 was inserted into Part VI, Chapter III of the Bar Count , i Rules, 1975. This rule says "No advocate enroled under section ° be Advocates Act, 1961 shall be entitled to practice under Cha te, 4 af, Advocates Act, 1961, unless such advocate Successfully passes the Iv oy Bar Examination conducted by the Bar Council of India, It © Alling! that the Bar Examination shall be mandatory for all i Clay, graduating from academic year 2009-2010 onwards advocates under Section 24 of the Advocates Act, 1961." The All India Bar Examination shall be conducted by the Ba r I law Ci Stud,” and enroleg of India. at least twice each year in such month and such ; Coun) the Bar Council of India may determine from time to time It ss thay advocates in such substantive and procedural yall tg manner and format of application for the examination. Upon successfully passing the Bar Examination, the advocate shall be entitled to a Certificate of Practice, which is commonly known as ‘Sanad’. The said certificate shall be issued by the Bar Council of India to the address of the successful advocate within 30 days of the date of declaration of results It shall bear the signature of the Chairman, Bar Council of India. The object of All India Bar Examination is to test the ability of an advocate to practice law. This examination is mandatory for . all law students graduating from academic year 2009-2010 onwards and enroled as advocates under Section 24 of the Advocates Act, 1961. No advocate graduating from academic year 2009-2010 can Practice law unless he passes this examination. (ii) Other Committees The Bar Council of India may constitute such other committees as it may deem necessary for the purpose of carrying out the provisions of this Act.' Thus the Bar Council of India may constitute a Finance Committee and Special or Oversee Committee. These committees shall be constituted from amongst its members. {. Section 10 (3) of Advocates Act, 1961 wy \. Vv.  oot 127 THE BAR COUNCIL OF INDIA the Council of India and its Committees . : meeting Ww) notice of of every meeting of the B The n is ordinarily sent by the Secreta comm een days in advance. However, j at least snvened on shorter notice at the i vee mmeisbers: No proceeding shall any aha the rule relating to notice is ground © meeting shall specify the time oot contain the agenda fixed for ¢| shal i ar Council of India and its ry. Such notice must be sent N cases of urgency, a meeting nstance of the Chairman or of be invalidated merely on the not strictly complied with.' The and place of the meeting and he meeting? may Procedure in the meeting ® In the meeting, a member cannot bring a matter for consideration, f which he has not given ten days’ Notice to the Secretary. However, the Chairman is vested with the di ermit him to do so? As a i ing are ordinarily read © quorum is (i) seven for the meeting of the Bar Council of India; (ii) four for the Executive Committee and the Legal Education Committee; and (ii) two for all other Committees.* Where any urgent action j i unless agreed to by a majority of the members. The action so taken shall be forthwith intimated to all the me, mbers. The papers shall be placed before the next meeting for confirmation.® The Bar Council of India or any Committee thereof may adjourn from day to day or any particular day, without further notice,? When speaking at a meeting of the Bar Council of India, a member shall address the chair. He is entitled to speak only once on each subject, unles: s Permitted by the Chairman to speak again.® The decision on any matter 's taken by majority. In the case of equality of votes, the Chairman of the meeting has a second or casting vote? A matter once decided shall not be reconsidered for a period of three months. However, the Bar Council of India ma Yy So permit by a two-third majority of the members Present.” Any Committee may refer any matter to the Bar Council of “1. Bar Counell of India Rules, 1975, Part Il, Chapter II, Rule » Bar Council of India Rules, 1975, Part I], Chapter Il, Rule Bar Council of India Rules, 1975, Part I, Chapter Il, Rule + Bar Council of India Rules, 1975, Part I, Chapter II, Rule ‘ar Council of India Rules, 1975, Part Il, Chapter Il, Rule Bar Council of India Rules, 1975, Part. 11 Chapter II, Rule ‘ar Council of India Rules, 1975, Part Il, Chapter II, Rule Bar Council of India Rules, 1975, Part HI, Chapter I, Rule ‘ar Council of India Rules, 1975, Part II, Chapter Il, Rule 9. @r Council of India Rules, 1975, Part I, Chapter II, Rule 10 oho Serres sene wan  ce HE BAR COUNCIL OF INDIA for providing funds 1] assistance to orgamize welfare schemes for them It also ial as cog and interests of the Advocates It ereaty privilege fin’ standards of professional conduct. etiquettes and exercises jurisdiction over the bar. It also sets standards for legal d grants recognition to Universities whose degree in law will oseribes jscrplinary ition an ede as a qualification for students to enrol themselves as advocates upon rjuation. . . ® The Bar Council of India also acts as regulator of the legal practice d legal education in India by Prescribing standards of professional - uct and etiquette and by exercising disciplinary jurisdiction over the or It also sets standards for legal education and grants recognition to awversities whose degree in law will serve as qualification for enrolment as an advocate. In terms of the Advocates Act, 1961,’ the Bar Council of India shall form following functions :— (a) laying down standards of professional conduct and etiquette for advocates, (b) laying down the procedure to be followed by disciplinary committee of Bar Council of India and of each State Bar Council; (c) safeguarding the rights, privileges and interests of advocates. (d): promoting and supporting law reforms; (e) dealing with and dispose of any matter arising under this Act, which may be referred to it by a State Bar Council; (f) exercising general supervision and control over State Bar Councils; (g) promotion of legal education; (h) laying down standards of legal education in consultation with the Universities imparting such education and the State Bar Councils; (i) visiting and inspecting the Universities either by itself or by State Bar Council for the purpose of recognition of decrees in law awarded by them which shall qualify the awardees for enrolment as an advocate; {) conducting seminars and organize talks on legal topics by eminent jurists and publish journals and papers of legal interest; (k) organizing legal aid to the poor; (I) recognizing on a reciprocal basis the foreign qualifications in law obtained outside India for the purpose of admission as an advocate in India; (m) managing and investing the funds of the Bar Council; (n) providing for the election of its members; (0) performing all other functions conferred on it by or under this Act; (p) doing all other things necessary for discharging the aforesaid lg yocaten Section 7 of Advocates Act, 1961 ae  130 LEGAL ETHICS, ACCOUNTABILITY OF LAWYERS & BENCH-BAR RELATIONS functions; (q) constituting one or more funds for :- / (i) giving financial assistance to organize welfare Scheme, ik indigent, disabled or other advocates; f (i) giving legal aid or advice; (in) establishing law libraries. ; (r) receiving any grants, donations, gifts or benefactions for all, any of the purposes stated above. 10. Powers of Bar Council of India The Bar Council of India is empowered to pass any order authorigg by law. Every decision of the Bar Council of India shall be signed by th Chairman of the meeting at which it was taken. Any member oF th, Secretary, if authorized, may sign the decision on behalf of the Bar Coun of India.’ The Secretary shall send to the party or parties coneerney , copy of the order free of charges.” The powers vested in the Bar Council of India are briefly discuss below. (1) Rule-making power A Bar Council may make rules to Chapter.? Such rules may provide for :— (a) the election of members of the Bar Council by secret balle, including the conditions subject to which Persons can exerci: the right to vote by postal ballot, the preparation and revision of electoral rolls and the manner in wi hich the result of election shall be published; (b) the manner of election of th of the Bar Council; (c) the manner in which and the authority by which doubts ani disputes as to the validity of an election to the Bar Council or : the office of the Chairman or Vice-Chairman shall be final lecided; (d) the filling of casual vacancies in the Bar Council; (e) the powers and duties of the Chai rman of the Bar Council; "man and the Vice-Chairm carry out the purposes of this e Chairman and the Vice-Chairma: ings in connection wi) ; aid advice may be given; ion with which legal (h) the summoning and holding of meetings of the Bar Council, 1. Bar Council of India Rules, 1975, Pa 2, Bar Council of India Rules, 1975, P 3. Section 15 of Advocates Act, 1961 rt Il, Chapter XI, Rule 1 ‘art Hl, Chapter XI, Rule 2 te  THE BAR COUNCIL OF INDIA 131 duct of business thereat, and the : number of members ssary to constitute a quorum; con ce: a constitution and functions of any committee of the Bar Council and the term of office of members committee; a ) the summoning and holding of meetings, the conduct of business of any such committee, and the number of membe to constitute a quorum; x) the qualifications and the conditions of service of the secretary, the accountant and the other employees of the Bar Council; ()) the maintenance of books of accounts and other books by the Bar Council; (m) the appointment of auditors and the audit of the accounts of the Bar Council; (n) the management and investment of the funds of the Bar Council. (0) No rules made under this section by a State Bar Council shall have effect unless they have been approved by the Bar Council of India. (i) of any such TS necessary 2) Disciplinary powers . The Bar Council of India has been conferred the disciplinary powers in exercise of which it may punish an advocate for a professional or other nisconduct.' However, punishment may be inflicted only after the guilt of the erring advocate is proved by following the prescribed procedure. Where the Bar Council of India has received a complaint or has reasons to believe that any advocate whose name is not entered on any State roll has been guilty of professional or other misconduct, it shall refer the case to its disciplinary committee. The disciplinary committee of Bar Council of India may also withdraw a proceeding for disciplinary ation against any advocate which is pending before the disciplinary committee of any State Bar Council. Such withdrawal may be made either suo motu or on application made by any person interested or on a report by a State Bar Council. Upon such withdrawal, the disciplinary committee of Bar Council of India may itself make inquiry and dispose of the Proceeding. The disci tion 35. A also to the of the cage, iplinary committee shall observe the procedure laid down in ccordingly, it shall issue notice to the advocate concerned and Attorney-General of India, thereby fixing a date for hearing On the date so fixed, the disciplinary committee shall afford 4 € advocate concerned and the Attorney-General of India, an PPortunity of being heard. After hearing, the disciplinary committee of Bar Council of India may Mal ae . . - any order which the disciplinary committee of State Bar Council is nay tt to make. Accordingly, it may either dismiss the complaint, or "primand the advocate, or may suspend the advocate from practice . Section ae “Won 36 of Advocates Act, 1961 134 LEGAL ETHICS, ACCOUNTABILITY OF LAWYERS & BENCH-BAR RELATIONS committee may review any order passed by it. The review may bh, either suo motu i.e. on its own motion or on application made by ager party. The limitation period for review is sixty days of the date of ie order.’ For seeking review, a party must make an application Setting “ the necessary facts and the grounds for review. Such application must. accompanied by an affidavit and the prescribed fee. A true copy of the order sought to be reviewed shall be annexed with the application, If the review application is found to be in order, the Bar Council of India tes issue notice to the applicant and other parties. The parties to whom note, has been issued may appear in person or through an advocate or through an authorized agent. If any of the parties fails to comply with the noticg and fails to appear on the date of hearing, the Bar Council of India May dispose of the review application by passing appropriate order. A Copy of the order passed on review application shall be sent to the petitioner ang the other parties, free of charge.? The same procedure shall apply when the Bar Council of India acts suo motu i.e. on its own motion.’ (6) Power to give directions to State Bar Councils The Bar Council of India is vested with power of general supervision and control over State Bar Councils. In exercise of this power, it may ive necessary directions to a State Bar Council or any of its committees for proper and efficient discharge of its functions. The State Bar Council shall be bound to comply with such directions. Similarly the Bar Council of India may issue direction to any committee of State Bar Council and such committee shall comply with it. Where a State Bar Council is unable to perform its functions for any reason, the Bar Council of India may give necessary directions to the ex officio member thereof. Such directions shall have effect.‘ (7) Power to transfer the name of an Advocate The Bar Council of India may direct that the name of an Advocate be removed from the roll of one State Bar Council and be entered in the roll of other State Bar Council. In exercise of power conferred by Advocates Act, 1961,° the Bar Council of India has made rules in respect thereto. Every advocate is under an obligation to see that his name appears on the rolls of the State Council within whose jurisdiction he ordinarily practices. If he is enroled with one State Bar Council but ordinarily urisdiction of another State Bar Council, it is his practices within the j ° duty to get his name transferred. Advocate is required to transfer his name from one State Bar Council ‘e another, he must make an application to Bar Council of India” a oneates Act, 1961.  pe OE OS OSs SST Le SSS THE BAR COUNCIL OF INDIA "% . application for transfer shall be made in Form ‘C” within a period The months from the start of practice, If an advocate does not apply the prescribed period, it shall be deemed that he is guilty of fessional misconduct within the meaning of Section 35 of the Advocates pr the application must be accompanied with (a) certified copy of the Act’, of applicant in the State Roll; (b) validity of enrolment of the en eant with the State Bar Council; (c) no objection certificate of the ae foror State Bar Council, and (d) a certificate from transferor Bar Council that no disciplinary proceedings are pending against the applicant. on receipt of such application, an enquiry shall be made with the concerned State Bar Council as to whether they have any objection to the transfet being granted. Thereupon the papers shall be produced before a committee constituted for disposal of such application. If the Committee considers that ‘the application deserves to be refused, it shall refer the matter £0 the Council for orders.’ The State Bar Council from which transfer iS sought shall transmit the entire records of the applicant to the Bar Council of India along with original of the application for enrolment." The order of the Bar Council of India on the application for transfer shall ordinarily be made in Form-D* and shall be communicated to the applicant. A copy of the order shall be put up on the Notice Board of the State Bar Councils concerned.’ When the applicant receives the order of Bar Council of India allowing his application for transfer, he shall produce the certificate of enrolment to the transferor State Bar Council in Form D-1 for necessary endorsement. The transferor State Bar Council shall make necessary endorsement and transmit the certificate to the State Bar Council to which the name of the Advocate is directed to be transferred.° Thereupon the transferee State Bar Council shall make further endorsement thereon in Form D-2.° The transfer shall be deemed to take effect from the date of the direction of the Bar Council of India." If the application for transfer is allowed, the Bar Council of India shall transmit these records to the State Bar Council to which applicant's name is directed to be transferred. If the transfer is refused, the Bar Council of India shall return the original records to the transferor State Bar Council." 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 Bar Councils concerned.” The concerned State Bar Councils shall obey the direction. 1. Bar Council of India Rules, 1975, Part V, Chapter III, Rule 1. . Bar Council of India Rules, 1975, Part VI, Chapter III, Rule 1, Proviso attached thereto. . Bar Council of India Rules 1975, Part V, Chapter II, Rule 1. . Bar Counci] of India Rules 1975, Part V, Chapter III, Rule 1A . Bar Council of India Rules 1975, Part V, Chapter HI, Rule 2 (1). . Bar Council of India Rules 1975, Part V, Chapter Ill, Rule 2 (2) . Bar Council of India Rules, 1975, Part V, Chapter Il, Rule 2 (4). . Bar Council of India Rules 1975, Part V, Chapter I, Rule 2 (3) (ab . Bar Council of India Rules 1975, Part V, Chapter Ill, Rule 2 (3) (b) 2 9 nw . Bar Counci) of India Rules 1975, Part V, Chapter IM, Rule 2 (3) (ce) » Bar Council of India Rules 1975, Part V, Chapter II], Rule 2 (3) (dd . Bar Council of India Rules 1975, Part V, Chapter III, Rule 2 (4). PFS eeprnaaeaeew a “Seay sue 136 LEGAL ETHICS, ACCOUNTABILITY OF LAWYERS & BENCH-BAR RELATIONS No fee shall be charged.' However, the Bar Council of India is under ,,, obligation to allow every application for transfer. It may reject 1, application if the applicant is facing disciplinary proceedings, or bona fide, of the application are doubtful. Before rejecting the application for trangp,, on either ground, an opportunity shall be granted to the applicant to Make representation.” If the name is transferred from one State Bar Council 1, another, the seniority of the applicant shall be retained. (8) Power to remove the name of an Advocate from the roll __ Where the Bar Council of India is satisfied that any person has go his name entered on the rolls of advocates by misrepresentation as to ap essential fact or by fraud or undue influence, it may remove his name from the roll of advocates after giving him an opportunity of being heard’ (8) Power to constitute funds . The Bar Council of India may constitute funds for giving financia] assistance to organize welfare schemes for indigent, disabled or other advocates; for giving legal aid or advice; and for establishing law libraries.’ For these purposes, the Bar Council of India may receive any grants, donations, gifts or benefactions,® (10) Power to extend the term of State Bar Council The term of office of an elected member of a State Bar Council is five years. Every State Bar Council is obligated to provide for election before the expiry of this term.’ If a State Bar Council fails to do so, the | Bar Council of India may extend the term for a period not exceeding six | months. The reasons for extension of term shall be recorded in writing.® | | i (11) Power to constitute special committee in the absence of election of State Bar Council Where a State Bar Council fails to provide for election after expiry of extended term, the Bar Council of India is vested with power to constitute a Special Committee to discharge the functione of the State Bar Council until the Bar Council is constituted.’ The Special Committee shall consist of the ex officio member of the State Bar Council and two members from amongst advocates on the electoral roll of the State Bar Council. These two members shall be nominated by the Bar Council of India. The ex officio member shall be the Chairman of the special committee, [f there are more ex officio members than one, the senior-most shal] be the Chairman.” Once a special committee is constituted, all Properties and i | 1 | i Advocates Act, 1961 1. Section 18 (1) of the Ad 9 Proviso attached to Section 18 () of the Advocates Act, 1961