1. Notice of every meeting of the Council and committees shall ordinarily be sent by the Secretary not less than 15 days before the date of the meeting except when the Chairman requires a meeting to be called on short notice on grounds of urgency. If any five or more members of the Council require in writing, a meeting to be called on short notice of not less than 10 days for consideration of specified matters, the Secretary shall convene the meeting on such date as requisitioned and the agenda for such meeting shall include matters specified by such members. No proceeding shall be invalidated merely on the ground that the rule relating to notice is not strictly complied with.

2. (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.

3. The election of a member of the Council shall be conducted by the Secretary of the State Council who shall act as the Returning Officer.

4. A person elected as a member of the Council under Section 4(1)(c) of the Act shall cease to be such member:

(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.

5. (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.

6. (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 10-B 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.

7. Every notice by the Secretary of the State Council fixing a date for the election of a member to the Council under these rules shall be sent not less than 15 clear days before the date fixed for the election. A copy of the said notice shall be sent simultaneously to the Secretary of the Council.

8. (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.

9. (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.

10. (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 concerned 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.

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

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

3[11-B. Bar Council of India Rule (filling up of casual vacancies). To fill a casual vacancy among the elected members of the Bar Council of India, the remaining members of the Bar Council of India shall elect/co-opt a member from amongst the members of the concerned State Bar Council in the following manner

(a) The Secretary of the Bar Council of India shall publish/notify the election/co-option program with the approval of the Chairman, Bar Council of India.

(b) The election/co-option shall take place in the premises of the Bar Council of India or at a place to be decided by the Council.

(c) The program of the election/co-option is to be notified to the concerned State Bar Council before 15 days of the scheduled date of the election/co-option.

(d) The Secretary of the Bar Council of India shall conduct the election and shall be Returning Officer for the election/co-option. The election/co-option shall be by secret ballot in the same manner as provided for the election of other office bearers of the Bar Council of India.]

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 earlier4.

(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.5

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.

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.

6[22. On a motion of No confidence being passed by Bar Council of India by a resolution passed by majority of not less than th of the members present and voting and such majority passing No confidence motion is more than rd 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 at least one month. The chairman or the Vice-Chairman shall have the right to vote, speak or take part in the proceeding of the meeting].

MEETINGS OF COUNCIL AND ITS COMMITTEES OTHER THAN THOSE OF THE DISCIPLINARY COMMITTEES

[Rules under Section 15(2)(h) and (j) of the Act]

1. Notice of every meeting of the Council and the Committees shall ordinarily be sent by the Secretary not less than 15 days before the date of the meeting, except when the Chairman or any two members require a meeting to be called on short notice on grounds of urgency. No proceedings shall be invalidated merely on the ground that the rule relating to notice is not strictly complied with.

2. Notice of the meeting shall specify the time and place of the meeting and shall contain the agenda fixed for the meeting.

3. No member shall be entitled to bring forward for the consideration of the meeting any matter of which he has not given ten days' notice to the Secretary, unless the Chairman, in his discretion, permits him to do so.

4. The minutes of the previous meeting shall ordinarily be read and recorded at the subsequent meeting.

5. The quorum for the meeting of the Council shall be seven and for all other Committees except the Executive Committee and the Legal Education Committee, the quorum shall be two. The quorum for the Executive Committee and the Legal Education Committee shall be four.

6. If urgent action by the Council or by any Committee of the Council other than a Disciplinary Committee becomes necessary, the Chairman of the Council or of such Committee as the case may be may permit the business to be transacted by circulation of papers to the members of the Council or the Committee as the case may be. The action proposed to be taken shall not be taken unless agreed to by a majority of the members of the Council or the Committee as the case may be. The action so taken shall be forthwith intimated to all the members of the Council or the Committee concerned. The papers shall be placed before the next meeting of the Council or the Committee concerned for confirmation.

7. The Council or any Committee may adjourn from day to day or any particular day, without further notice.

8. A member shall address the chair when speaking at a meeting of the Council and he shall be entitled to speak only once on each subject, unless otherwise required or permitted by the Chairman to do so.

9. Save as otherwise provided in these rules, the decision on any matter shall be by majority and in the case of equality of votes, the Chairman of the meeting shall have a second or casting vote.

10. No matter once decided shall be reconsidered for a period of three months unless the Council by a two-third majority of the members present so permits.

11. Any Committee may refer for advice any matter to the Council.

12. In the absence of the Chairman and the Vice-Chairman at any meeting, a member chosen by members present shall preside at the meeting.

CONSTITUTION, FUNCTIONS AND PROCEDURE OF COMMITTEES OF THE BAR COUNCIL OF INDIA

[Rules under Sections 9, 9-A, 10 and 15(2)(i) and (j) of the Act]

1. The Council may appoint from amongst its members, one or more Committees as it may deem necessary, in addition to those specified in the Act and delegate such powers, duties, and functions to such Committees as it deems fit.

2. Any casual vacancy in the above Committees shall be filled up by the Council.

3. Save where the Chairman or the Vice-Chairman is a member of the Committee or the Sub-Committee, the Committee or the Sub-Committee shall choose its Chairman for the meeting, unless at the time of the constitution thereof the name of the Chairman has been specified.

4. Unless otherwise determined at the time of election, the term of the members of the Committees of the Council shall be as follows:

5. (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.

6. (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.

7. A casual vacancy in the Committee shall be filled in by the Council from amongst its members or non-members as the case may be, in the manner specified in Rule 6 above.

8. The Committee shall have the following powers and duties:

(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.

9. (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 Disciplinary 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 India7.

10. 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.

11. 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 IV8

QUALIFICATIONS AND CONDITIONS OF SERVICE OF THE SECRETARY, ACCOUNTANT AND OTHER MEMBERS OF THE STAFF

[Rules under Section 15(2)(k) of the Act]

1. These Rules shall be called Bar Council of India Employees Service Rules, 1997 .

2. These Rules shall come into force from the date to be specified by the Executive Committee.

3. Under the Rules, the appointing authority shall mean Executive Committee of the Bar Council of India except in the case of secretary as provided in Chapter III, Rule 5(4)(e) of the Bar Council of India Rules.

4. The qualifications and conditions of service of the Secretary, Accountant and other members of staff are those as specified in Schedule I to these Rules.

5. Recruitment shall be by direct appointment/promotion of the employees in the Bar Council of India as provided in the first schedule to these Rules.

6. That for the purpose of direct recruitment, vacancies shall be advertised in at least one daily newspaper.

7. That recruitment/promotion to the post shall only be made in the case of vacancy.

8. That for recruitment/promotion a person must possess qualifications as provided in Schedule I to these Rules.

9. In case it is not possible to find eligible person for promotional post it may be filled by direct recruitment but the person must possess eligibility criteria as prescribed under Schedule I.

10. That for the recruitment to the service of the bar Council of India the incumbent's minimum age shall not be less than 21 years and not more than 35 years on the date of appointment except for the posts of Secretary and Accountant.

11. The Secretary, the Accountant and other members of the staff shall retire on attaining the age of 60 years provided that in case the Executive Committee so recommends and the Council approves, they may be given extension for a period not exceeding two years.

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.

12. (i) That promotion shall be made on the basis of seniority-cum-merit up to 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.

13. That it shall be necessary to maintain annual confidential records of all employees of the Bar Council of India. The annual confidential records of the Secretary shall be maintained by the Chairman and records of all other employees shall be maintained by the Secretary who shall place it with his remarks before the Chairman of the Bar Council of India annually and if a person is aggrieved by any adverse communication of remark, he can file an appeal before the Executive Committee of the Bar Council of India.

14. That the post of Chowkidar/peon/Gardener and Guest room Attendant shall be inter-changeable regardless of their appointment.

15. The pay scale and allowances of the employees and other conditions of the service shall be as determined by the Executive Committee and approved by the Bar Council of India.

16. (i) The pay scales of the Secretary and members of staff are those as specified in Schedule II to these Rules.

(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.

17. All the permanent employees of the Council shall be entitled to the benefit of provident fund and gratuity in accordance with the rules framed by the Executive Committee and approved by the Bar Council of India.

18. That strength of posts in the Bar Council of India shall be as specified in the Second Schedule to the Rules.

19. The posts re-designated shall cease to exist. The post not mentioned in Schedule II shall also cease to exist as soon as the employees holding the post demits the office.

20. (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.

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 (a) Gestetner Operator To specify minimum qualification.

(b) Electrician To specify minimum qualification besides Diploma.

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.

RULES RELATING TO FINANCE [Rules under Section 15(2)(1), (m) and (n) of the Act]

1. 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 next working day of the Bank.

2. 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.

3. 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.

4. Payments of Rs. 50 and over shall ordinarily be by cheque.

5. Bills presented for payment shall be examined by the Accountant and on his being satisfied that the claim is admissible, and the payment is duly authorised by the Secretary, the Accountant shall pay the amount against a receipt. The entry in the account book shall show if the payment is made by cash or by cheque. The bill and the relevant receipt shall be pasted together and shall be numbered consecutively in the year as payment voucher and shall be pasted in the bound book.

6. Salary bills shall be in such form as the Executive Committee may direct.

7. A bill presented for payment three months after the money becomes due shall not be paid without the sanction of the Executive Committee.

8. The Executive Committee may fix the amount of a permanent advance to be made to the Secretary and the Accountant as the case may be.

9. The Accountant shall maintain an acquaintance register in the following from/or in such other form as the auditor may direct:

10. All monies received and spent shall be immediately brought into account in the cash book and ledger. The cash book shall be balanced at the close of every month and signed by the Secretary and the Accountant.

10-A. The Bar Council of India shall have power to borrow money from any Bank or other financial institution or others for the purposes of acquiring or construction of any property or building on a specific authorisation of the Bar Council of India14.

10-B. That for the purpose of borrowing, the Bar Council of India may authorise any officer or office bearer to sign necessary documents15.

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 Institutions16.

11. (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. 300017 a month for the purpose of the Council.

12. The Chairman and/or the Vice-Chairman shall be the authority to sanction travelling allowance and daily allowance bills of the members.

13. The accounts of the Council shall be audited once a year.

14. The annual statement of income and expenditure of the year so audited shall be laid before the Executive Committee not later than the 31st July each year.

15. The funds of the Council may be invested as follows:

(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, 1956.18

16. 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.

17. (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.

18. All monies and securities belonging to the Council shall stand in the name of the Council.

19. The Council shall open a Provident Fund account in a Bank authorised by the Council in accordance with the Provident Fund Rules.

A. MISCELLANEOUS: PUBLICATION OF RULES AND OTHER INFORMATION AND DATE OF COMING INTO FORCE OF THE RULES

[Rules under Section 7(m) and 49(j) of the Act]

1. Unless the Council otherwise directs, all rules of the Council shall come into force on the date of their publication in the Gazette of India.

2. Information, 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 26-A of the Act and orders on matters dealt with under Section 48-A and 48-B 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)(iii-a) 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, 36-B and 37 of the Act.

4. Subject to such directions, specific or general, as may be given by the Council, the Secretary of the Council may furnish certified copies of the orders mentioned in Rule 3 on payment of the charge 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.

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.

PROCEEDINGS FOR REMOVAL OF NAME FROM ROLL UNDER PROVISO TO SECTION 26(1) OF THE ACT

1. Whenever a State Council, or any Committee duly authorised by the State Council has credible information from any source whatever that an advocate on the roll of the State Council has obtained his enrolment under circumstances which, if established, will render his name liable to be removed by the Council under the BAR proviso to Section 26(1) of the Act, it shall be the duty of the State Council or the said Committee to enquire into the matter and report its findings to the Council.

In holding such enquiry the Council or the Committee shall hear the advocate concerned and otherwise follow the principles of natural justice.

2. In disposing of any proceedings under the said proviso, whether instituted on a report under Rule 1 or otherwise, the Council may, if it considers it just and expedient, cause an enquiry into disputed questions of fact to be made by any State Council or Committee thereof or any other Committee consisting of one or more persons as it may deem fit. The State Council or the Committee, as the case may be, shall follow the procedure mentioned in Rule 1.

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.

REVISION UNDER SECTION 48-A OF THE ACT

1. (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.

2. (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.

3. The Council may, after hearing the petitioner, direct notice to the respondent or dismiss the petition, as it may consider fit.

4. Upon notice being issued under the above rules after giving reasonable opportunity of hearing to the parties, the Council may pass such orders on the revision petition as it deems proper.

5. Unless the Council otherwise specially directs, the petitioner and the respondent may appear by advocates, who shall file a vakalatnama signed by the party.

6. A copy of the order on the revision shall be sent to the parties.

Subject to necessary modifications

(Under Rule 3, Chapter IX, Part II of the Rules of the Bar Council of India)

For Revision under Section 48-A

BAR COUNCIL OF INDIA

BCI Revision Case No. /20 .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 ..

APPLICATION FOR REVIEW UNDER SECTION 48-AA OF THE ACT

1. (1) An application for review made under Section 48-AA 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.

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.

ELECTORAL ROLL, DISQUALIFICATION OF MEMBERSHIP AND VACATION OF OFFICE

[Rules under Sections 3(4), 10-B, 15(2)(a) and 49(1)(a) and (ab) of the Act]

1. Every advocate whose name 19[with stamp size photographs] is on the electoral roll of the State Council shall be entitled to vote at an election.

2. The name of an advocate appearing in the state roll shall not be on the electoral roll, if on information received or obtained by the State Bar Council concerned on the basis of which it is satisfied that

(a) his name has at any time been removed;

(b) he has been suspended from practice, provided that his disqualification shall operate only for a period of five years from the date of the expiry of the period of suspension;

(c) he is an undischarged insolvent;

(d) he has been found guilty of an election offence in regard to an election to the State Council by an election tribunal, provided however, that such disqualification shall not operate beyond the election next following after such finding has been made;

(e) he is convicted by a competent court for an offence involving moral turpitude, provided that this disqualification shall cease to have effect after a period of two years has elapsed since his release;

(f) he is in full-time service or is in such part-time business or other vocation not permitted in the case of practising advocates by the rules either of the State Council concerned or the Council;

(g) he has intimated voluntary suspension of practice and has not given intimation of resumption of practice;

(h) if he has not paid the subscription under Rule 40 Chapter II, Part VI of the Rules and obtained receipt from the State Bar Council;

(i) he has incurred any disqualification mentioned in the Act or the rules made thereunder20.

21[(j) his name has been included in the list of non-practicing advocates published under Rule 20.4 of the Bar Council of India Certificate of Practice and Renewal Rules, 2014.]

Explanation. If an advocate who has incurred any disqualification as referred to in Rule 2 and does not furnish details about it as required in the notice under Rule 4 of these rules within the time specified shall be deemed to have committed an act of other misconduct as referred to in Section 35(1) of the Act.

3. Subject to the provisions of Rule 2, the name of every advocate entered in the State Roll shall be entered in the electoral roll of the State Council.

4. (1) In preparing the electoral roll, unless the State Bar Council concerned is already maintaining a list of advocates who are entitled to be voters in terms of Rule 2 of these Rules, at least 150 days before the date of election, shall publish notice issued by the Secretary of the State Bar Council concerned in prescribed form in the official gazette and in two or more local newspapers, one English and the other in a local language, as may be decided by the State Bar Council, asking each of the advocates on the roll of the concerned State Bar Council to intimate the State Bar Council within the time to be specified in the said notice or within such extended time as may be given/allowed by the State Bar Council for reasons to be recorded, as to whether he has incurred any disqualification mentioned in Rule 2 of these rules and quote Rule 2 of these rules in the said notice.

(2) A preliminary electoral roll containing the names of all advocates whose names are required to be included under these rules shall be put up on the notice board of the State Council within 120 clear days before the expiry of the term of the members of the said State Council necessitating the election (and relevant portion thereof shall be sent to such Bar Associations as the Secretary considers fit).

Provided that the Bar Councils whose term of office already expired or shall expire within 120 days from the date of commencement of these rules shall, as far as possible, publish the electoral roll forthwith and fix the elections for a date after not less than 120 clear days from the date of publication of the electoral rolls.

(3) Before final publication of the electoral Roll, a State Bar Council may, if satisfied, on an application made by any particular advocate giving sufficient reasons, allow his name to be included in the electoral roll in question, and on such inclusion the advocate concerned shall be entitled to take part in the election.

5. The final electoral roll shall be prepared after incorporating such changes as may be necessary including the addition of the names of advocates enrolled after the preparation of the preliminary roll and put up on the notice board of the State Council not more than 75 clear days and not less than 60 clear days before the date of election. (Intimation of such publication shall be given within a week after the publication to the Bar Association aforesaid).

6. Revision of electoral roll. If for any reason the election to the State Council is postponed beyond the date of expiry of the term of its members the preliminary or the final electoral roll shall be revised so as to include there in the names of advocates enrolled up to 75 clear days before the date of the election.

7. The electoral roll of the State Council shall inter alia contain the following particulars:

(i) serial number,

(ii) number on the state roll,

(iii) name of advocates as on the roll; and

(iv) address of the advocate.

8. The nomination of any person who at the date of scrutiny thereof is subject to any of the disqualifications referred to in Rule 2 shall be rejected.

9. Application of these rules. These rules shall govern the elections of all State Bar Councils to be held after these rules are enforced, and all State Bar Councils holding the elections of their members shall prepare their electoral rolls in terms of these rules.

10. An elected member of the State Council shall be deemed to have vacated his office

(a) if he is suspended from practice, or his name is removed from the roll by an order of a competent authority or for any reason whatsoever he ceases to be an advocate,

(b) if he is adjudicated as insolvent, or

(c) if his name is transferred to the roll of another State Council.

11. No election shall be called in question for any non-compliance of the provisions of the Act or of any rules made thereunder unless the results of the election insofar as it concerns a returned candidate or candidates have been materially affected22.

It is hereby notified that for the purpose of preparing final electoral roll in accordance with Rules, 2 and 3 of Chapter I, Part III of the rules framed by the Bar Council of India under Sections 3(4), 10-B, 15(2)(a), 49(1)(a) and (ab) of the Advocates Act, 1961, for the next election of members to this Council, the particulars as to any of the disqualifications as referred to in clauses (a) to (i) of Rule 2 shall be furnished by an advocate who has incurred them to the State Council within the time specified in the notice issued under Rule 4.

(Herein below to reproduce Rule 2 with Explanation).

Number on the State Roll:

1. Name of the advocate as on the roll:

(in block letters)

2. (a) Address of the advocate

(as on the State roll)

(b) Present address:

3. (a) Have you incurred any of the disqualifications mentioned in Rule 2 of Chapter I, Part III of the rules of the Bar Council of India?

4. Are you a member of any Bar Association?

(If so, give the name)

5. Where do you intend to cast your vote?

(If you are not a voter entitled to vote by postal ballot)

I. hereby declare and affirm that the foregoing statements are true to my knowledge and I have not concealed anything thereto.

Note: These rules have come into effect from 1st January, 1991

RULES TO SECURE AT LEAST A MINIMUM NUMBER OF ADVOCATES OF 10 YEARS' STANDING

[Rules under Section 3(2)(b) and proviso, Sections 3(5) and 49(1)(ac) of the Act]

1. (a) These rules shall apply to the election of members of all the State Councils in India.

(b) In the case of any repugnancy between these rules and any rule or rules of any of the State Councils, these rules shall prevail and rules framed by the State Councils shall be void to the extent of such repugnancy.

2. The elections of members of the State Councils shall be in conformity with the proviso to Section 3(2) of the Act and these rules.

3. There shall be no limit to the number of candidates on the State rolls for at least 10 years that could be declared elected under these rules.

4. In the case of an election by a State Council for electing all the members specified in Section 3(2)(b) of the Act, the following procedure shall be adopted in the counting of votes:

(A) If, at the end of any count, or the end of the transfer of any parcel or sub-parcel of an excluded candidate the value of the voting papers credited to a candidate is equal to or greater than the quota, then, he shall be declared elected.

(i) No candidate whose name has not been on the State Roll of at least 10 years shall be elected under Section 3(2)(b) and the proviso thereto of the Act.

(a) if 7 candidates of less than 10 years' standing in the case of a State Council where 15 members are to be elected, have been declared elected; or

(b) if 10 candidates of less than 10 years' standing in the case of a State Council where 20 members are to be elected, have been declared elected; or

(c) If 12 candidates of less than 10 years' standing in the case of a State Council where 25 members are to be elected, have been declared elected.

(ii) If at the end of any count, there are two or more candidates, who have not been on the State Rolls for at least 10 years, getting more than the quota as aforesaid, but the number of candidates that can yet be elected from such category under the proviso to Section 3(2)(b) is less than that number, the candidate who has obtained the greater value of votes shall be declared elected in preference to the candidate whose value of votes is less.

(iii) In the case of two or more persons of the category referred to in proviso (ii) above, getting the same value of votes at the end of any count, the Secretary or other Returning Officer conducting the election shall decide by lot which of such persons shall be declared elected.

(iv) The other candidate or candidates not declared elected as aforesaid by reason of the proviso to Section 3(2)(b) of the Act and these rules shall be excluded from the poll as provided in Rule 4(b) of these rules.

(B) (1) The Secretary or Returning Officer conducting the election shall exclude from the poll

(i) when there are two or more candidates who have obtained more than the quota the candidate who cannot be declared elected under proviso (i) to Rule 4(a) of these rules;

(ii) the candidates lowest in the poll in the following order, after all the surpluses have been transferred as provided in the rules of the State Council with regard to transfer of surplus and the number of candidates elected is less than the required number and after the exclusion from the poll; if any, under sub-clause (i) of this sub-rule.

First such candidates whose names are on the State Roll for less than 10 years, if the number of such candidates declared elected as provided for in these rules:

(a) 7 in the case of a State Council where in all 15 members have to be elected; or

(b) 10 in the case of a State Council where in all 20 members have to be elected; or

(c) 12 in the case of a State Council where in all 25 members have to be elected;

Next the other candidates

Illustration No. 1. At an election to a State Council where under the Act and these rules, the total number of elected members is 20,300 is arrived at as the quota. At the end of a count, when there is no further surplus to be distributed, M and N are the contesting candidates.

M whose name has not been on the State Rolls for at least 10 years gets 150, and

N whose name has been on the State Rolls for more than 10 years gets 100.

Only 9 candidates whose names have been on State Roll for at least 10 years have already been declared elected. Hence M has to be excluded and the voting papers of M will be thereafter transferred as provided for in these rules.

If in the same case, 10 candidates whose names have been on as State Roll for not less than 10 years had already been declared elected, N will be excluded. The voting papers of N will be transferred as provided in these rules.

Illustration No. 2. At an election to a State Council where under the Act and these rules, the total number of elected members is 15,300 is arrived at as the quota. At the end of a count, when there is no further surplus to be distributed, M and N are the contesting candidates.

M whose name has not been on the State Rolls for at least 10 years gets 100.

N whose name has been on the State Rolls for more than 10 years gets 100.

Only 7 candidates whose names have been on a State roll for at least 10 years have already been declared elected. Hence M has to be excluded and the voting papers of M will be thereafter transferred as provided in these rules.

If in the same case, 8 candidates whose names have been on a State roll for not less than 10 years had already been declared elected, N will be excluded, The voting papers of N will be transferred as provided for in these rules.

Illustration No. 3. At an election to a State Council where under the Act and these rules the total number of elected members is 25, 300 is arrived at as the quota. At the end of a count, when there is no further surplus to be distributed, M and N are the contesting candidates.

M whose name has not been on the State rolls for at least 10 years gets 150, and

N whose name has been on the State rolls for more than 10 years gets 100.

Only 12 candidates whose names have been on a State roll for at least 10 years have already been declared elected. Hence M has to be excluded and the voting papers of M will be thereafter transferred as provided for in these rules.

If in the same case, 13 candidates whose names have been on a State roll of not less than 10 years had already been declared elected, N will be excluded. The voting papers of N will be transferred as provided for in these rules.

2. (i) The Secretary or other Returning Officer shall distribute the unexhausted papers of the candidates excluded under these rules among the continuing candidates according to the next preference recorded therein and all exhausted papers shall be set apart as finally dealt with.

(ii) The papers containing original votes of an excluded candidate shall first be transferred, the transfer value of each paper being one hundred.

(iii) The papers containing votes of an excluded candidate shall then be transferred in the order of the transfers in which and at the value at which he obtained them.

(iv) Each of such transfers shall be deemed to be a separate transfer, but not a separate count.

(v) If, as a result of the transfer of papers, the value of the votes obtained by a candidate is equal to or greater than the quota, the counting then proceeding shall be completed, but no further papers shall be transferred to him.

(vi) The process directed by this rule shall be repeated on the successive exclusion one after another of the candidates lowest on the poll until such seat is filled either by the election of a candidate with the quota or as otherwise provided in these rules.

(vii) If at any time it becomes necessary to exclude a candidate and two or more candidates have the same value of votes and are the lowest on the poll, regard shall be had to the original votes of each candidate and the candidate for whom fewest original votes are recorded, and if the values of their original votes are equal, the candidate with smallest value at the earlier count at which these candidates had unequal votes shall be excluded.

(viii) If two or more candidates are lowest on the poll and each has the same value of votes at all counts, the Returning Officer shall decide by lot which candidate shall be excluded.

(ix) If during a count, any candidate getting the quota or more has to be excluded by reason of Rule 4(a) above, the transfer of his votes shall be deferred and made immediately after the other candidate having got the above quota in that count are declared, and their votes transferred as provided for in these Rules.

(C) (1) When at the end of any count the number of continuing candidates is reduced to the number of seats remaining unfilled, the continuing candidate shall be declared elected subject to the following:

If the total number of candidates so far declared elected from amongst the advocates whose names have been on the Sate roll for at least 10 years at the relevant date is less than:

(i) 8 in the case of a State Council where 15 members are to be elected, or

(ii) 10 in the case of a State Council where 20 members are to be elected, or

(iii) 13 in the case of the State Council where 25 members are to be elected,

then, the requisite number of candidates of such standing shall first be declared elected and only the balance from amongst other candidates shall be declared elected.

(2) When at the end of any count only one seat remains unfilled and the value of the papers of some one candidate exceeds the total value of the papers of all the other continuing candidates together with any surplus not transferred; that candidate shall be declared elected. Such candidate shall not, however, be declared elected if he has been on the State Roll for less than 10 years and if the total number of candidates so far declared elected from amongst advocates on the State Roll for at least 10 years as provided in these rules is less than 8 or 10 or 13 as aforesaid as the case may be.

(3) When at the end of any count only one seat remains unfilled and there are only 2 continuing candidates, and each of them has the same value of votes and no surplus papers can be transferred, the Returning Officer shall decide by lot which of them shall be excluded, and, after excluding him in the manner aforesaid, declare the other candidate to be elected.

Provided that if the total number of candidates who have been on the State Roll for at least 10 years on the relevant date so far elected is less than the required number, then that candidate who will be on that State roll for at least 10 years shall be declared elected and the other candidate shall be excluded.

(4) In the case of any election to fill vacancy amongst the members of the State Council, or while co-opting a member, the State Council shall conform to the requirement of Section 3(2)(b) of the Act, and the principles laid down in these rules.

(5) In the case of every election of members of a State Council, the State Council shall:

(a) notify the minimum number of seats should be filled up from amongst advocates who, on the relevant date, will be advocates on a State Roll for at least 10 years.

(b) require every candidate to specify in his nomination paper the date of his enrolment and the period for which his name had been on the roll of one or more High Courts under the Indian Bar Councils Act, 1926, and the roll or rolls of State Councils under the Advocates Act, 1961 with full particular thereof.

(c) indicate on the voting paper which of the candidates have been on a State Roll for at least 10 years as required.

Provided that this rule shall not be applicable to any election held by any State Council before these rules have come into force.

(6) For the purpose of computing the minimum period of 10 years provided for in the proviso to Section 3(2)(b) of the Act, and these rules:

(i) the period during which an advocate may have been on the roll of any other State Council or Councils on the roll of any High Court or High Courts under the Indian Bar Councils Act, 1926, shall be taken into account, and

(ii) the period shall be computed as on the last date notified for receiving the nominations for the election.

RULES OF LEGAL EDUCATION Rules on standards of legal education and recognition of degrees in law for the purpose of enrolment as advocate and inspection of Universities for recognizing its degree in law under Sections 7(1)(h) and (i), 24(1)(c)(iii), and (iii-a), 49(1)(af),(ag) and (d) of the Advocates Act, 1961 made by the Bar Council of India in consultation with Universities and State Bar Councils

PRELIMINARIES AND DEFINITIONS

1. Title and commencement. (a) These Rules including the Schedules may be known as Rules of Legal Education, 2008.

(b) These Rules shall come into force in whole of India as soon as notified.

(c) These Rules shall replace all previous Rules, Directives, notifications and resolutions relating to matters covered under these rules.

2. Definitions.

(i) Act means The Advocates Act, 1961.

(ii) Approved means approved by the Bar Council of India.

(iii) Bar Council of India or Council or BCI shall mean Bar Council of India constituted under the Act.

(iv) Centres of Legal Education means

(a) All approved Departments of Law of Universities, Colleges of Law, Constituent Colleges under recognized Universities and affiliated Colleges or Schools of law of recognized Universities so approved.

Provided that a Department or College or Institution conducting correspondence courses through distance education shall not be included.

(b) National Law Universities constituted and established by statutes of the Union or States and mandated to start and run Law courses.

(v) Compulsory subjects means and include subjects prescribed by the Bar Council of India as such.

(vi) Bachelor degree in law means and includes a degree in law conferred by the University recognized by the Bar Council of India for the purpose of the Act and includes a bachelor degree in law after any bachelor degree in science, arts, commerce, engineering, medicine, or any other discipline of a University for a period of study not less than three years 2 Bar Council of India or an integrated bachelor degree combining the course of a first bachelor degree in any subject and also the law running together in concert and compression for not less than a period of five years after 10+2 or 11+1 courses as the case may be.

(vii) Enrolment means enrolment on the Rolls of the Advocates maintained by the State Bar Councils as per the procedure laid down for the purpose by State Bar Councils/BCI as per Advocates Act, 1961.

(viii) First Degree means Bachelor Degree in any branch of knowledge such as Arts, Fine Arts, Science, Commerce, Management, Medicine, Engineering, Pharmacy, Technology etc. conferred by Universities or any other qualifications awarded by an institution/authority recognized by the Bar Council of India, from time to time.

(ix) Foreign citizen or Foreigner used in these Rules means a natural person having citizenship and/or resident of any other country.

(x) Foreign University means and includes any University not constituted under any Act of Parliament of India or any State Legislature in India and which is incorporated outside India under the law of that country and function as University for organizing, running and managing courses of study and confer degree on successful completion of the course.

(xi) Indian or Indian national used in these Rules means a natural person having citizenship of India and includes Non Resident Indian or Person of Indian Origin enjoying double citizenship in India.

(xii) Inspection of the University means inspection by the Bar Council of India for recognizing its degree in law for the purpose of enrolment in the rolls of advocates and includes

(A) calling for all relevant records, documents, and correspondence to evaluate the competence of the University to run professional courses,

(B) visiting places of the Centres of Legal Education including building housing classes, library of the Institution, halls of residence and all other places as may be required by the inspection team inspecting the University and its affiliated Centres of Legal Education where the courses of degrees in law are conducted or proposed to be conducted.

Provided that as and when the Bar Council India communicates to the University for the purpose of inspection, the University shall also direct the concerned officer in charge of Inspection of Centre of Legal Education to instruct all persons concerned for facilitating the Inspection by the inspection team of the Bar Council of India.

(xiii) Integrated Degree course in law means double degree course comprising the bachelor degree in any branch of knowledge prosecuted simultaneously with the Degree course in law in such an integrated manner as may be designed by the University concerned for a continuous period of not less than five years.

(xiv) Lateral Entry is an admission given to graduate applicants at the beginning of third year in an integrated Five Year Course.

(xv) Lateral Exit means opting out at the end of three year after successfully completing the courses up to the third year, from an Integrated Five year course on being awarded a Bachelor degree.

(xvi) Legal Education Committee or LEC means the Legal Education Committee constituted by the Bar Council of India under the Act, composed of five members of the Bar Council of India nominated by the Bar Council of India and five co-opted members comprising the Chairman who has to be a former Judge of the Supreme Court of India, a sitting Hon'ble Chief Justice of a High Court, distinguished Professor of Law, the Law Secretary and the UGC Chairman. The Committee may also have some permanent invitees proposed by the Bar Council of India.

(xvii) Master degree means a degree, which is undertaken after the graduate degree in any discipline obtained from any University.

(xviii) National Assessment and Accreditation Council is the body constituted as an autonomous body for conducting accreditation of Universities and Centre of Legal Education, by the University Grants Commission.

(xix) Notify and Notification means notifying in the website of the Bar Council of India.

(xx) Practice of law means and includes (a) practising before the Court, Tribunal, Authority, Regulator, Administrative Body or Officer and any Quasi Judicial and Administrative Body, (b) giving legal advice either individually or from a law firm either orally or in writing, (c) giving legal advice to any government, international body or representing any international dispute resolution bodies including International Court of Justice, (d) engaged in Legal Drafting and participating in any Legal Proceedings and (e) representing in Arbitration Proceedings or any other ADR approved by law.

(xxi) Prescribed means prescribed under these Rules.

(xxii) Recognized University means a University whose degree in law is recognized by the Bar Council of India under these Rules.

(xxiii) Regular Course of Study means and includes a course which runs for at least five hours a day continuously with an additional half an hour recess every day and running not less than thirty hours of working schedule per week.

(xxiv) Regular Approval means approval for not more than five years and includes permanent approval earlier granted to any Centre of Legal Education before these Rules come into force.

(xxv) Rules means on Rules of Legal Education .

(xxvi) Second degree means a course of study leading to degree, which can be prosecuted only after obtaining a bachelor degree.

(xxvii) Secretary means Secretary of the Bar Council of India.

(xxviii) Temporary approval means approval for not more than a period of three years.

(xxix) Sponsors means and includes a natural or artificial person, University, a body of persons incorporated or otherwise, a public trust, or society registered under the Union or any State Act for the purpose of sponsoring, establishing, organizing, managing and running any Centre of Legal Education.

(xxx) State Bar Council means the State Bar Council constituted in the State under the Act.

(xxxi) Unitary Degree course in law means three years degree course in law prosecuted by a student after completing a bachelor degree course in any discipline.

(xxxii) University means as defined under the University Grants Commission Act, 1956 including National Law Universities and other Universities established by Acts of Central or State and also institutions declared as Deemed to be University under Section 3 of the University Grants Commission Act.

STANDARDS OF PROFESSIONAL LEGAL EDUCATION

3. Recognized Universities. The State Bar Council shall enroll as Advocate only such candidates, who have passed from University, approved affiliated Centre of Legal Education/Departments of the recognized University as approved by the Bar Council of India. The Bar Council of India shall notify a list of such Universities and the Centres of Legal Education prior to the commencement of each academic year in the prescribed manner and also put in website of Bar Council of India a list of universities and Centres of Legal Education as amended from time to time. Each State Bar Council shall ensure that applicants passing out from such a recognized Universities and of its approved affiliated law Centre of Legal Education are enrolled.

4. Law courses. There shall be two courses of law leading to Bachelors Degree in Law as hereunder,

(a) A three year degree course in law undertaken after obtaining a Bachelors' Degree in any discipline of studies from a University or any other qualification considered equivalent by the Bar Council of India:

Provided that admission to such a course of study for a degree in law is obtained from a University whose degree in law is recognized by the Bar Council of India for the purpose of enrolment.

(b) A double degree integrated course combining Bachelors' Degree course as designed by the University concerned in any discipline of study together with the Bachelors' degree course in law, which shall be of not less than five years' duration leading to the integrated degree in the respective discipline of knowledge and Law together:

Provided that such an integrated degree program in law of the University is recognized by the Bar Council of India for the purpose of enrolment.

Provided further that in the case of integrated double degree course the entire double degree course can be completed in one year less than the total time for regularly completing the two courses one after the other in regular and immediate succession, meaning thereby, that if the degree course in the basic discipline, such as in Arts, Science, Social Science, Commerce, Management, Fine Arts, Engineering, Technology or medicine etc. is of three years' duration of studies, integrated course in law with the basic degree in the discipline could be completed in five years' time but where the degree course in basic discipline takes four or five years, the integrated degree in law with such degree course in the discipline would take one year less for completing in regular time than the total time taken for the two degrees taken separately if completed back to back.

Explanation 1. Double degree integrated course such as BA., LL.B. can be completed within (3+3 1) i.e. 5 years. But if one intends to do B.Tech., LL.B. It can be done in (4+3-1) i.e., 6 years.

Explanation 2. Suppose in a University one can have a two years' graduation in any social science leading to BA degree, in that case also the composite double degree integrated course leading to BA, LL.B. would be of five years duration because double degree integrated course cannot be of less than five years' duration.

5. Eligibility for admission.

(a) Three Year Law Degree Course: An applicant who has graduated in any discipline of knowledge from a University established by an Act of Parliament or by a State legislature or an equivalent national institution recognized as a Deemed to be University or foreign University recognized as equivalent to the status of an Indian University by an authority competent to declare equivalence, may apply for a three years' degree program in law leading to conferment of LL.B. degree on successful completion of the regular program conducted by a University whose degree in law is recognized by the Bar Council of India for the purpose of enrolment.

(b) Integrated Degree Program: An applicant who has successfully completed Senior Secondary School course ( +2 ) or equivalent (such as 11+1, A level in Senior School Leaving certificate course) from a recognized University of India or outside or from a Senior Secondary Board or equivalent, constituted or 6 Bar Council of India recognized by the Union or by a State Government or from any equivalent institution from a foreign country recognized by the government of that country for the purpose of issue of qualifying certificate on successful completion of the course, may apply for and be admitted into the program of the Centres of Legal Education to obtain the integrated degree in law with a degree in any other subject as the first degree from the University whose such a degree in law is recognized by the Bar Council of India for the purpose of enrolment:

Provided that applicants who have obtained + 2 Higher Secondary Pass Certificate or First Degree Certificate after prosecuting studies in distance or correspondence method shall also be considered as eligible for admission in the Integrated Five Years course or three years' LL.B. course, as the case may be.

Explanation. The applicants who have obtained 10 + 2 or graduation/post graduation through open Universities system directly without having any basic qualification for prosecuting such studies are not eligible for admission in the law courses.

6. Prohibition to register for two regular courses of study. No student shall be allowed to simultaneously register for a law degree program with any other graduate or postgraduate or certificate course run by the same or any other University or an Institute for academic or professional learning excepting in the integrated degree program of the same institution:

Provided that any short period part time certificate course on language, computer science or computer application of an Institute or any course run by a Centre for Distance Learning of a University however, shall be excepted.

7. Minimum marks in qualifying examination for admission. Bar Council of India may from time to time, stipulate the minimum percentage of marks not below 45% of the total marks in case of general category applicants and 40% of the total marks in case of SC and ST applicants, to be obtained for the qualifying examination, such as +2 Examination in case of Integrated Five Years' course or Degree course in any discipline for Three years' LL.B. course, for the purpose of applying for and getting admitted into a Law Degree Program of any recognized University in either of the streams:

Provided that such a minimum qualifying marks shall not automatically entitle a person to get admission into an institution but only shall entitle the person concerned to fulfill other institutional criteria notified by the institution concerned or by the government concerned from time to time to apply for admission.

8. Standard of courses. Whereas all Universities and its constituent and affiliated Centres of Legal Education conducting either the three year law degree program or the integrated double degree program for not less than five years of study or both would follow the outline of the minimum number of law courses both theoretical and practical, compulsory and optional, as the case may be, prescribed by the Bar Council of India and specified in the Schedule II and ensuring that:

(a) the minimum number of law courses are effectively conducted in the Centres of Legal Education with adequate infrastructural facilities as may be prescribed and in the manner stipulated by the University Regulations and Rules and that of the Bar Council of India Rules,

(b) the minimum standard of first degree course as designed and run by the University for the purpose of running integrated course in accordance with the standard prescribed by the University in view of the academic and other standards laid down, if any, taking into consideration by the standard-setting institutions like University Grants Commission or All India Council for Technical Education or any such body, as the case may be, and the program is effectively run with adequate number of faculty in respective subjects, with infrastructural facilities as may be prescribed by the University as well as the Bar Council of India, and

(c) there is a regular and proper evaluation system for the purpose of certification of the students graduating in law after completing the course as a regular student:

Provided that the University for the said purpose shall submit to the Bar Council of India, copies of the curriculum designed and developed in each course of study, rules of academic discipline and of examination and evaluation and also the amendments to those as and when so amended.

9. Process and manner of running integrated course. The University concerned shall ensure that

(a) Faculties for running the entire course shall design the purpose, manner and the process of running the integrated courses semester-wise with clear objective criteria of integration.

(b) There are all infrastructural facilities available for the courses, such as faculty for teaching the subjects concerned, laboratories needed, and other class room fixtures and fittings including the computer support.

(c) The double degree courses may be planned by the University in order to suitably integrate the program meaningfully.

(d) The University shall cause documentary evidences and records of the above requirements in (a), (b) and (c) to be submitted to the Bar Council of India, whose inspection committee would review the program from time to time and provide suggestions to the University concerned, if any.

10. Semester system. The course leading to either degree in law, unitary or on integrated double degree, shall be conducted in semester system in not less than 15 weeks for unitary degree course or not less than 18 weeks in double degree integrated course with not less than 30 class-hours per week including tutorials, moot room exercise and seminars provided there shall be at least 24 lecture hours per week:

Provided further that in case of specialized and/or honours law courses there shall be not less than 36 class-hours per week including seminar, moot court and tutorial classes and 30 minimum lecture hours per week:

Provided further that Universities are free to adopt trimester system with appropriate division of courses per trimester with each of the trimester not less than 12 weeks.

11. Minimum infrastructure. Any institution conducting legal education by running either of the law degree courses or both leading to conferment of graduate degree in law on successful completion of the course shall have minimum standard infrastructure facility stipulated by the Bar Council of India specified in Schedule III of these Rules.

The University shall ensure that all its Centres of Legal Education under the University maintain the standard infrastructure and other facilities for the students to suitably impart professional legal studies.

12. End Semester Test. No student of any of the degree program shall be allowed to take the end semester test in a subject if the student concerned has not attended minimum of 70% of the classes held in the subject concerned as also the moot court room exercises, tutorials and practical training conducted in the subject taken together:

Provided that if a student for any exceptional reasons fail to attend 70% of the classes held in any subject, the Dean of the University or the Principal of the Centre of Legal Education, as the case may be, may allow the student to take the test if the student concerned attended at least 65% of the classes held in the subject concerned and attended 70% of classes in all the subjects taken together. The similar power shall rest with the Vice Chancellor or Director of a National Law University, or his authorized representative in the absence of the Dean of Law:

Provided further that a list of such students allowed to take the test with reasons recorded be forwarded to the Bar Council of India.

13. Prohibition against lateral entry and exit. There shall be no lateral entry on the plea of graduation in any subject or exit by way of awarding a degree splitting the integrated double degree course, at any intermediary stage of integrated double degree course.

However, a University may permit any person to audit any subject or number of subjects by attending classes regularly and taking the test for obtaining a Certificate of participation from the University/Faculty according to the rules prescribed by the University from time to time and give a Certificate therefore.

INSPECTION, RECOGNITION AND ACCREDITATION

14. Centres for Legal Education not to impart education without approval of Bar Council of India. (1) No Centres of Legal Education shall admit any student and impart instruction in a course of study in law for enrolment as an advocate unless the recognition of the degree of the University or the affiliation of the Centres of Legal Education, as the case may be, has been approved by the Bar Council of India after inspection of the University or Centres of Legal Education institution concerned as the case may be.

(2) An existing Centre of Legal Education shall not be competent to impart instruction in a course of study in law for enrolment as an advocate if the continuance of its affiliation is disapproved or revoked by the Bar Council of India.

(3) Bar Council of India may suspend a Centre of Legal Education for such violation for a period of not more than two academic years which shall be notified.

(a) At the direction of the Legal Education Committee, the Secretary shall notify each year prescribing the last date for submission of new application for proposing new law courses in a University or a new affiliated Centre of Legal Education under an existing recognized University but not later than December 31 of the previous academic year to which the new proposal is applied for. No application received after that date can be considered for the academic year under notification but can be considered for the subsequent year.

(b) On receipt of each application the Secretary shall submit his note after ascertaining all relevant facts to the Chairman of the Bar Council of India who may then instruct to refer the application to the inspection committee for inspection and report. After receiving the report from the Inspection Committee, the Secretary shall place the file before the Legal Education Committee for its recommendation to the Bar Council of India for approval of the affiliated Centres of Legal Education or recognition of the degree in law of the University as the case may be.

(c) The Legal Education Committee may call for additional information from the applicants as the Legal Education Committee may deem necessary.

16. Conditions for a University to affiliate a Centre of Legal Education. (1) When a University receives an application for affiliation of a Centre of Legal Education to provide legal education by running professional degree program in law under either or both the streams, the University may before 10 Bar Council of India deciding whether it is fit case for seeking inspection from the Bar Council of India, shall ensure that

(i) the applicant organization proposing to run the institution is either already a non-profit organization of trust or registered society or a nonprofit company or any other such legal entity or has taken all legal formalities to be as such,

(ii) the institution has in its name either in freehold or leasehold, adequate land and buildings, to provide for Centre of Legal Education building, library, halls of residences separately for male and female and sports complex both indoor and outdoor, so that it can effectively run professional law courses provided that in case of leasehold the lease is not less than ten years:

Provided that sufficient and adequate floor space area specially and completely devoted for a Centre of Legal Education, based on the size of its student population, faculty requirement, adequate space required for infrastructure facilities can be considered sufficient accommodation for the purpose in a multi-faculty building on land possessed by the Management of a Society/Trust running multi-faculty institutions.

(iii) recruited or taken steps to recruit adequate number of full time and visiting faculty members to teach each subjects of studies, each faculty having at least a Master Degree in the respective subject as required under the UGC Rules,

(iv) there is the separate Centres of Legal Education for the study of law under a separate Principal who should be qualified in Law to be a Professor of Law as stipulated under UGC and Bar Council of India rules,

(v) there is adequate space for reading in the library and there are required number of books and journals and adequate number of computers and computer terminals under a qualified librarian,

(vi) if the prior permission of the State Government is necessary, a no objection certificate is obtained to apply for affiliation,

(vii) a minimum Capital Fund as may be required under Schedule III from time to time by the Bar Council of India, and put into a Bank Account in the name of the proposed Centre of Legal Education sponsored by any private sponsor or sponsors, and

(viii) all other conditions of affiliation under the University rules as well as the Bar Council of India Rules are complied with.

(2) After affiliation order is received from the University the Centres of Legal Education may only then apply for inspection by the Bar Council of India.

17. When can University apply for inspection for constituent College or University Department or Faculty. When a University proposes to run a professional degree course in law of either or both streams in its Faculty or Department or in any of its constituent College it shall ensure the minimum standards of requirement as prescribed and then shall in each proposal seek inspection by the team of inspection of the Bar Council of India by submission of application with all necessary information within the stipulated date notified by the Bar Council of India every year, in appropriate Form.

18. Inspection of a University. (1) A University seeking recognition of its degree in law for the purpose of enrolment in the Bar, shall provide the inspecting committee of the Bar Council of India all necessary facilities to examine the syllabus of the course designed, teaching and learning process, evaluation system, infrastructure layout and other necessary conditions in general and shall ensure in particular that all University Departmental Centres, Faculty, Constituent and affiliated Centres of Legal Education proposing to offer law courses under either or both the streams, possess:

(i) Required infrastructural facilities outlined under the Bar Council of India Rules;

(ii) Required number of teaching faculties as prescribed by the Bar Council of India and the University Grants Commission;

(iii) Facilities for imparting practical legal education specified in the curriculum under the Rules and Legal Aid Clinic, Court Training and Moot Court exercises;

(iv) Adequate library, computer and technical facilities including on-line library facility and

(v) In case of a Centre of Legal Education sponsored by private initiative of a person there is a Capital Fund as required in the Schedule III by the Bar Council of India from time to time, deposited in the Bank Account in the name of the Centre of Legal Education concerned.

(2) For the above purpose the Inspection Committee of the Bar Council of India shall have power to call for and examine all relevant documents, enquire into all necessary information and physically visit and enquire at the location of the Department, Faculty, Constituent and affiliated Centres of Legal Education as the case may be.

Provided that an application for a new proposal for affiliation and the related University inspection therefore by the Inspection Committee of the Bar Council of India, including the local enquiry at the site of the proposed College may be formally made directly by the authority of the proposed College (Faculty, University Department, Constituent or Centres of Legal Education as the case may be) in proper form with required information and requisite fees provided that an advance copy of the application must be submitted to the University concerned, within the stipulated date as notified by the Bar Council of India.

19. Types of Inspection. Inspection shall mean inspection by the Inspection Committee of the Bar Council of India as any one of the following:

(i) Initial inspection: Initial inspection shall mean inspection of the University and inspection of the Bar Council of India for permitting a new Centre of Legal Education:

Provided that if a Law University is established by an Act passed by the Central or any State Legislature to run Law courses as specified and mandated in the statute, such a University may commence and run courses in the stipulated streams before any Initial Inspection. However such a University would require regular inspection and the first inspection shall be conducted within the first year of commencement of the courses.

(ii) Regular Inspection: Regular Inspection means an inspection of a University including all or any of its affiliated Centre of Legal Education by the Bar Council of India conducted after the initial inspection at the end of temporary approval, excepting a Law University established by a Central or State Act, for granting a regular approval and thereafter at least once in every five years unless the University/Centre of Legal Education concerned has sought/inspected for accreditation.

(iii) Surprise inspection: Surprise inspection means inspection conducted by University/Bar Council of India anytime without giving notice to the Centre of Legal Education.

(iv) Inspection for accreditation: Inspection applied for by a Centre of Legal Education possessing approval for the purpose of accreditation and certification.

20. Inspection and Monitoring Committee. The Bar Council of India shall constitute one or more inspection and monitoring Committee/s comprising at least two members of the Bar Council of India to conduct inspection of newly established or existing Universities.

21. Inspection fees. The Bar Council of India may prescribe inspection fees to be charged from time to time from each institutional applicants for the purpose of conducting inspection.

There may also be fees prescribed for inspection for providing accreditation of an institution. Such fees are provided in the Schedule IV of these rules and may be amended by Bar Council of India from time to time.

22. Inspection Report. The Committee shall inspect the University, examine the documents and reports, visit the institution to assess the infrastructure, curriculum design, teaching and learning process, library and technical facilities and the feasibility of standard clinical education. The Committee shall then submit its report in the prescribed Form together with all relevant documents.

Members of the Committee shall physically inspect of the institution. The report has to be signed by the members of the committee inspecting, appreciating the findings, documentary, and physical, in a meeting of the committee, provided that the member not physically inspecting the institution may not sign the inspection report but may appreciate the findings and put his/her opinion.

The Secretary shall place the Inspection Report immediately before the meeting of the Legal Education Committee for its decision.

(1) The Inspection committee while recommending approval of affiliation to a new Centre of Legal Education should, inter alias, make a specific recommendation as to why such a Centre of Legal Education required at the same place/area where the Centre of Legal Education is proposed to be started keeping in view the total number of existing Centres of Legal Education in the place/area in particular and the State in general.

(2) The inspection committee will also keep in view the approximate population of the area where the Centre of Legal Education is proposed to be started, number of Centre of Legal Education along with the total number of students therein, number of degree colleges as well as junior colleges in the area in particular and the State in general.

(a) In case of an adverse report received by the Secretary from the Inspection Committee he shall forthwith inform the Chairman of the Bar Council of India and on his instruction seek further clarification, if necessary.

(b) The Secretary shall cause a copy of the report to be sent to the Registrar of the University concerned and also to the Head of the Institution for further comments and explanations, if any. Such comments and explanations on the report shall be sent by the Registrar of the University within a period of six weeks from the date of the receipt of the communication.

(c) The Secretary shall cause the report and the comments/explanation of Registrar of the University and the head of the institution concerned to be placed before the next meeting of the Legal Education Committee of the Bar Council of India for its consideration.

The Legal Education Committee after reviewing the report and all other explanation, documents and representation, in person or in writing and in the interest of maintaining the standard of legal education in view under the rules recommend appropriate action to be taken on each such report to the Bar Council of India.

In case of withdrawal or revocation of approval of an institution it shall be 14 Bar Council of India effective from the commencement of the next academic year following the date on which the communication is received by the Registrar of the University.

The Bar Council of India on the recommendation of the Legal Education Committee shall instruct the Secretary to send a letter of approval of any one of the following type to the Head of the Institution as well as to the Registrar of the University:

(a) Temporary approval: On the Initial inspection report or Regular Inspection report the Legal Education Committee may recommend a temporary approval for not more than a period of three years to a newly proposed institution in the event the institution has facilities enough to commence the teaching program on such conditions as the Legal Education Committee may prescribe.

(b) Regular approval: A regular approval may be recommended for not more than a period of five years when an institution fulfills all standard set norms and has the capability of maintaining such standard continuously. Such regular approval shall entitle such institution to seek accreditation from the Bar Council of India who can do the same either of its own according to rules of accreditation or may cause it done by the National Assessment and Accreditation Council.

The Bar Council of India may revoke the grant of a temporary or regular approval if the conditions on which the permission was granted are not substantially fulfilled. A regular permission may be cancelled on an adverse report of inspection:

Provided that in case of revocation of a temporary or regular approval, the Centre of Legal Education authority and the respective University shall be provided with an opportunity of hearing and rectifying the shortcomings within such time as the Legal Education Committee may prescribe. In the event of failure to rectify the shortcomings in the opinion of the Legal Education Committee within the stipulated time, the Legal Education Committee shall recommend revocation of approval to the Bar Council of India.

Provided further that in case of revocation or cancellation of approval, as the case may be, proper provisions have to be made for the students who are already enrolled for a law course during the time when the approval was valid either by allowing the Centre to complete the course with those who are already enrolled or direct the University concerned, if such continuance is not in the interest of professional legal education, to make alternative arrangement for those students in near by Centres of Legal Education under the University.

There shall be an accreditation and performance rating system for any institution having regular approval, based on State and/or National level Rules of Legal Education, 2008 15 gradation. Such performance grade may be used in all letter head, sign board, literature and publications, including prospectus and franchise materials of the institution.

The accreditation of performance once obtained shall remain valid for a period of five years.

The Legal Education Committee shall form an Accreditation Committee with at least one member, Bar Council of India and one academician who shall provide credit rating of the Universities and the law teaching institutions subjecting to this voluntary accredition, which would also be published and put into the website of the Bar Council of India for public information. The Legal Education Committee determine the norms of accreditation from time to time. The period of Accreditation Committee will be two years.

An application in hard and soft copy may be made to the Bar Council of India in the specification specified in Schedule IX depositing the fee by a bank draft as prescribed from time to time, in the name of the Bar Council of India within the notified date but not later than 31st July of each year.

The Legal Education Committee may determine the norms of accreditation from time to time in addition to or in supplementation of the following:

(i) The accreditation and certification shall be made either directly by the Accreditation Committee of the Bar Council of India based on the analytical tools of credit rating system as far as adaptable or the Bar Council of India may cause it done through National Assessment and Accreditation Council based on the analysis made by NAAC.

(ii) Once the accreditation is done it shall remain valid for a period of five years from the date the certification is communicated to the institution concerned.

(iii) The performance analysis shall have three components, academic, administration and financial.

(iv) The study for determining performance rate shall be based on previous five years' data, current contents of the program and the future projection made on the basis of data analysis.

(v) The Accreditation Committee shall require complete disclosure of performance records, accounting and financial records and procedures of human and other asset management of the institution.

(vi) In so far as the academic part is concerned the following data would form basis of study:

(a) faculty student ratio (b) system of detail curriculum development and teaching practice sessions (c) number of working days annually (d) number of working days lost with reasons (e) qualification of the faculty (f) class performances of the students and class records (g) system of clinical program and internship (h) evaluation system and record keeping (ix) student-computer ratio (i) on line library facility (j) capital investment of the institution per student (k) library investment per student (l) residential facility (m) outside the class hour of the faculty advice and interaction per student (n) career counseling opportunities (o) quality of the body of alumni (p) publication by faculty and students in journals (q) laboratory and moot court room exercise facilities (r) per student procurement of books and journals (s) class room environment (t) status of Free Legal Aid centre and legal literacy program run by the Centre of Legal Education and (u) any other information needed by the committee.

(vii) The financial performance data shall depend upon the previous five years annual accounts, annual reports, annual budget, fund raised, financial asset management and deployment, future plan, asset structure and any other financial information as may be required.

(viii) The administrative performance would be assessed on the basis on composition of the management body, observance of regulatory rules, administrative staff ratio, working days loss and any other information that may be required for ascertain the management QC.

(ix) The study shall be based on (a) records, (b) visit, inspection and dialogue of the committee with the management, staff, students and the faculty.

(x) The committee may visit the institution after providing notice or without and can visit if required, more than once.

(xi) Data based analysis shall be communicated to the institution before rating begins for further observation and supplementary information, if required.

The institution shall provide all information required and all copies of documents and facilities to the accreditation committee. Facility has to be provided so that the committee may meet management, faculty members, staff and the students and record their comments, if needed.

Every University/Centre of Legal Education shall take appropriate measures to prevent ragging in any form with a standing Committee appointed for the purpose from among faculty and student representation.

In case of occurrence of any incident of ragging the violator shall be dealt with very seriously and appropriate stringent action be taken.

DIRECTORATE OF LEGAL EDUCATION

The Bar Council of India shall establish a Directorate of Education for the purpose of organizing, running, conducting, holding, and administering (a) Continuing Legal education, (b) Teachers training, (c) Advanced specialized professional courses, (d) Education program for Indian students seeking registration after obtaining Law Degree from a Foreign University, (e) Research on professional Legal Education and Standardization, (f) Seminar and workshop, (g) Legal Research, (h) any other assignment that may be assigned to it by the Legal Education Committee and the Bar Council of India.

(a) The Directorate shall be under the charge of a Director of Legal Studies.

(b) The Director shall be appointed by the Bar Council of India on the advice of the Legal Education Committee from leading senior legal educationists holding the post of Professor of Law in a University whose degree is recognized, either in service or retired.

(a) The Bar Council of India may appoint one or more LEO on the recommendation of the Director of Legal Education and in consultation with the Chairman of the Legal Education Committee.

(b) The LEO shall be in the whole time service of the Council on such terms and conditions and selected in such manner as may be determined by the Council from time to time.

(c) The LEO shall have the minimum qualification to be appointed as an Associate Professor or Reader in law in any University under UGC Rules.

(d) The LEO shall discharge such functions as may be allotted to him by the Legal Education Committee, Bar Council of India or the Director of Legal Studies.

RECOGNITION OF DEGREE IN LAW OF A FOREIGN UNIVERSITY

If an Indian national having attained the age of 21 years and obtains a degree in law from a Foreign University such a degree in law can be recognized for the purpose of enrolment on fulfillment of following conditions:

(i) completed and obtained the degree in law after regularly pursuing the course for a period not less than three years in case the degree in law is obtained after graduation in any branch of knowledge or for a period of not less than five years if admitted into the integrated course after passing +2 stage in the higher secondary examination or its equivalent; and (ii) the University is recognized by the Bar Council of India and candidate concerned passes the examination conducted by the Bar Council of India in substantive and procedural law subjects, which are specifically needed to practice law in India and prescribed by the Bar Council of India from time to time as given in the schedule XIV. Provided that those who joined LL.B. course in a recognized Foreign University prior to 21st February, 2005 the date of notification in this regard by the Bar Council of India need not seek for such examination, other aforesaid condition remain same:

Provided the same privilege shall be also extended to Persons of Indian Origin having double citizenship in India.

The Bar Council of India on the recommendation of the Legal Education Committee may consider the application of a foreign University to enlist the name of the University in the Schedule V of these rules. The degree in law obtained from which Foreign University by an Indian national shall be considered for the application preferred under Rule 37 above.

(I) For the purpose of recognition of Degree in Law under Rule 37 above, any Foreign University may apply to the Bar Council of India for granting recognition to such University.

(II) Such application shall contain (i) History of the University, (ii) its Hand book, Brochure, Prospectus containing courses of study, (iii) University's standing in the Accreditation list made officially or by any recognized private body, and (iv) any other information that the Bar Council of India may prescribe from time to time and subject to inspection by the Bar Council of India of the University, if necessary.

(III) The matter shall be placed before the Legal Education Committee with all details and Legal Education Committee shall recommend to the Bar Council of India.

(IV) Legal Education Committee may make any other enquiry as may be needed to recommend the University whose degree in law shall be recognized for the purpose of application under Rule 37.

Recognition of Degree in law of a foreign University for the purpose of enrolment as Advocate in India would depend on the following criteria of standards that:

(i) The degree in law shall be a second stage degree offered either after graduation from an approved University by the Bar Council of India for the purpose of admission in the course leading to Degree in Law in the Foreign University concerned; or shall be an integrated program offered after 10+2 or 11+1 school education.

(ii) The course leading to the Degree in Law in the Foreign University (hereinafter mentioned as The course) concerned shall be at least for three years' duration if taken after graduation in the manner stated above, or shall be at least for five years' duration if undertaken in a integrated program as mentioned above.

(iii) The course shall be a regular course of study undertaken in a University or Centre of Legal Education affiliated to a University, as the case may be.

(iv) The course shall contain, mutatis mutandis, subjects of studies, which are prescribed as compulsory subjects, by the Bar Council of India on recommendation of the Centres of Legal Education from time to time, in the LL.B. program of a recognized University in India for the purpose of enrolment.

MISCELLANEOUS PROVISIONS

Each recognized University and its approved institutions registering students for law courses shall send particulars as prescribed in the Schedule X of its registered students and Faculties for the purpose of building up of uniform data of the faculty and the students of law and for issue of Uniform Identity Number to students and faculty against a fee prescribed by the Bar Council of India from time to time.

All approved Centres of Legal Education of the Universities whose degree is approved for enrolment shall submit to the respective University with a copy to the Bar Council of India an annual return in the form prescribed in schedule VIII in hard and soft copy at the end of its annual academic session failing which a new inspection would be required for the University with the local enquiry.

The Legal Education Committee of the Bar Council of India shall be the dispute resolution body for all disputes relating to legal education, which shall follow a procedure ensuring natural justice for such dispute resolution as is determined by it.

(1). The Council shall notify in its website and send copies to each State Bar Councils as per Schedule I of these Rules, the names of Universities whose 20 Bar Council of India degrees in law recognized under these rules with a list of approved Centres of Legal Education. The Council shall require each University and the State Bar Council to also notify the same within its jurisdiction and provide a copy to each of its approved Centres of Legal Education, including the same in their respective website in so far as the Centres of Legal Education within the respective jurisdiction of these institutions.

(2) Information about the non-recognition or de-recognition of the degree in law of a University and that of Centres of Legal Education shall also be sent to all Universities in India imparting legal education and to all State Bar Councils which shall include the same in their website.

Any resolution passed earlier by Bar Council of India/Legal Education Committee inconsistent with these rules shall not bind the Bar Council of India and all other bodies constituted in pursuance of the Advocates Act, 1961, after these rules come into force.

Any action, decision or direction taken or directed by the Bar Council of India under any Rule or Regulation in force at any time earlier than these Rules coming into force, shall be valid, binding on the institutions as the case may be, and remain in enforce notwithstanding anything contained in these Rules.

Any amendment proposed by Bar Council of India in the Rules shall be carried through consultation with the Universities and the State Bar Councils by way of circulation of the proposal to the Universities and the State Bar Councils for the written submission within the scheduled notified date and after consideration of such written submission on merit. The Legal Education Committee/Bar Council of India shall on consideration of the representation finalise the said amendments, which shall come into force by way of notification in the website. The Bar Council of India shall also send the hard copy of notification to the Universities:

Provided that any provision in the Schedule may be amended by the Bar Council of India on the recommendation of the Legal Education Committee and the same shall also be notified in the website of the BCI for enforcing the provision.

I. National Law School of India University, Bangalore

II. The West Bengal National University of Juridical Sciences, Kolkata

III. National Law University, Bhopal

IV. National Law University, Jodhpur

V. NALSAR University of Law, Hyderabad

VI. Gujarat National Law University, Gandhinagar

VII. Hidayatullah National Law University, Raipur

VIII. National University of Advanced Legal Studies, Kochi

IX. Ram Manohar Lohia National Law University, Lucknow

X. Rajiv Gandhi National University of Law, Patiala

XI. Chanakya National Law University, Patna

XII. National Law University, Delhi

1. Medium of instruction: English shall be the medium of instruction in both the integrated five year and three year courses. However if any University and its any CLE allows in full or in part instruction in any language other than English or allows the students to answer the test papers in the periodical and final semester tests in any regional language other than English, the students have to take English as a compulsory paper.

2. University's responsibility: A University is free to design its academic program under LL.B. and LL.B. Honours course as well as program under the integrated degree program in Bachelor degree component as well as the LL.B. component with or/and without Honours course. However, LL.B. courses shall include the courses as stipulated under this schedule.

3. Total subjects in liberal discipline in integrated stream: In integrated stream of Arts & Law, Science & Law, Management & Law, Commerce & Law, etc as the case may be, one has to take one major subject and two minor subjects or such number of compulsory paper/subject and such optional with or without Honours in Law, as the case may be, from the specified area in addition to English, as may be prescribed by the University concerned.

The syllabus has to be comparable to the syllabus prescribed by leading Universities in India in three year Bachelor degree program in BA, B.Sc, B.Com, BBA etc taking into account the standard prescribed by the UGC/AICTE or any other respective authority for any stream of education.

4. Total Number of papers (subjects) in law to be offered in both the streams as under:

Law subjects (papers) in both the streams

(a) For regular law courses either in the three years' unitary stream or under the integrated double degree stream, students have to take not less than twenty eight papers (subject) in all, which shall include eighteen compulsory papers, four clinical papers and six optional papers from among the list of optional papers under this Schedule and also of any additional papers prescribed by the University from time to time.

(b) For specialized and/or honours course, a student has to take not less than thirty six papers in all, which shall include eighteen compulsory papers, 22 Bar Council of India four clinical papers, six optional papers and eight papers in specialized/honours course in any Group as stipulated below. However if eight papers are taken from multiple of groups, honours can be given in general law without mentioning any specialization.

Example. A has taken eight honours papers selected as follows: two from Constitutional Law, three from Business Law, one from International Law and two from International Trade Law, his Honours shall be in Law. B takes eight papers from Constitutional Law group, his honours shall be mentioned in Constitutional Law.

5. Curriculum Development Committee (CDC): The Bar Council of India may, from time to time, appoint Curriculum Development Committee (CDC) to design various courses in both liberal discipline and law. The CDC in designing such courses shall, with benefit, take into account the Report on various subjects submitted to UGC or AICTE by its Curriculum Design Committees. Universities are free to use the CDC Report of UGC/AICTE in liberal disciplines including science, arts, fine arts, commerce, management, engineering, technology and other branches of knowledge, in designing the integrated course in Law and Arts, Law and Science, Law and Finance, Law and Commerce, Law and Engineering, Law and Management etc. as the case may be.

6. Course outline in the two streams of Legal Education:

(a) In Social Science and Language (For B.A., LL.B.): One major subject with two minor, besides, English is compulsory subject. Students are expected to learn at least one Foreign or Indian Language. There shall be 6 papers in major and three papers each in minor and in languages.

Example. One can take Philosophy as major with political Science and Sociology as minor. One can take Economics as major and Political Science and Mathematics as minor. Similarly one can take English as major and Political Science and History as minor, so on so forth. However in the initial years the choice of subjects may be restricted. In the current years courses offered would be Economics, Political Science, Philosophy, Journalism & Mass Communication and History. English can also be taken as major. Other languages offered shall be notified at the time of admission. It is advised that the University follow the Curriculum Development Committee Report of UGC, if it is there, in designing the course and stipulate the standard.

(b) In Science (For B.Sc, LL.B.): Major and minor papers shall be in science subjects offered. Provision for language shall remain same. In the current year subjects offered are Physics, Chemistry, Bio-Science, Mathematics, Environmental Science and Geological Science. Choice can be restricted on the availability of faculty. It is advised that the University follow the Curriculum Development Committee Report of UGC, if it is there, in designing the course and stipulate the standard.

(c) Business Management (For BBA, LL.B.) Major and Minor subjects or Compulsory and Optional subjects/papers may be taken from the following papers/subjects such as Business Communication, Business Mathematics, Quantitative Analysis, Business Statistics, Business Environment, Accounts and Finance, Management Theory and Practice, Human Resource Management, and Marketing Management. Language policy shall remain same. However one can take English as major or minor, where there is a system of major and minor, with other management subjects. University are advised to design the course looking into the course and standard prescription, if any by AICTE or UGC as the case may be.

(d) In Commerce (leading to B.Com, LL.B.: Major and minor courses are to be selected from the list of subjects like Accounts, Advanced Accounting, Secretarial Practice, Business Administration, Management Accounting, Audit Practice etc. It is advised that the University follow the Curriculum Development Committee Report of UGC, if it is there, in designing the course and stipulate the standard.

The syllabus has to be comparable to the syllabus prescribed by leading Universities in India in three year Bachelor degree program in BA, B.Sc, B.Com, BBA etc taking into account the standard prescribed by the UGC/AICTE and any other respective authority for any stream of education.

(A) Compulsory subjects in legal education component in both the streams (Paper 1 to 20) University is free to design any subject in one or more than one papers where more papers are not stipulated:

1. Jurisprudence (Legal method, Indian legal system, and basic theory of law).

2. Law of Contract

3. Special Contract

4. Law of Tort including MV Accident and Consumer Protection Laws

5. & 6. Family Law (2 papers)

7. Law of Crimes Paper I: Penal Code

8. Law of Crime Paper II: Criminal Procedure Code

9. & 10. Constitutional Law (two papers)

11. Property Law

12. Law of Evidence

13. Civil Procedure Code and Limitation Act

14. Administrative Law

15. Company Law

16. Public International Law

17. Principles of Taxation Law

18. Environmental Law

19. & 20. Labour and Industrial Law (2 papers)

21. Drafting, Pleading and Conveyance

Outline of the course: (a) Drafting: General principles of drafting and relevant substantive rules shall be taught

(b) Pleadings:

(i) Civil: Plaint, Written Statement, Interlocutory Application, Original Petition, Affidavit, Execution Petition, Memorandum of Appeal and Revision, Petition under Article 226 and 32 of the Constitution of India.

(ii) Criminal: Complaint, Criminal Miscellaneous petition, Bail Application, Memorandum of Appeal and Revision.

(iii) Conveyance: Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of Attorney, Will, Trust Deed

(iv) Drafting of writ petition and PIL petition

The course will be taught class instructions and simulation exercises, preferably with assistance of practising lawyers/retired judges.

Apart from teaching the relevant provisions of law, the course may include not less than 15 practical exercises in drafting carrying a total of 45 marks (3 marks for each) and 15 exercises in conveyanceing carrying another 45 marks (3 marks for each exercise) remaining 10 marks will be given for viva voice.

22. Professional Ethics & Professional Accounting system

Outline of the course: Professional Ethics, Accountancy for Lawyers and Bar-Bench Relations

This course will be taught in association with practising lawyers on the basis of the following materials.

(i) Mr. Krishnamurthy Iyer's book on Advocacy

(ii) The Contempt Law and Practice

(iii) The Bar Council Code of Ethics

(iv) 50 selected opinions of the Disciplinary Committees of Bar Councils and 10 major judgments of the Supreme Court on the subject

(v) Other reading materials as may be prescribed by the University

Examination rules of the University shall include assessment through case-study, viva, and periodical problem solution besides the written tests.

Outline of the course:

(i) Negotiation skills to be learned with simulated program

(j) Conciliation skills

(k) Arbitration Law and Practice including International arbitration and Arbitration rules.

The course is required to be conducted by senior legal practitioners through simulation and case studies. Evaluation may also be conducted in practical exercises at least for a significant part of evaluation.

This paper may have three components of 30 marks each and a viva for 10 marks.

(a) Moot Court (30 Marks). Every student may be required to do at least three moot courts in a year with 10 marks for each. The moot court work will be on assigned problem and it will be evaluated for 5 marks for written submissions and 5 marks for oral advocacy.

(b) Observance of Trial in two cases, one Civil and one Criminal (30 marks):

Students may be required to attend two trials in the course of the last two or three years of LL.B. studies. They will maintain a record and enter the various steps observed during their attendance on different days in the court assignment. This scheme will carry 30 marks.

(c) Interviewing techniques and Pre-trial preparations and Internship diary (30 marks):

Each student will observe two interviewing sessions of clients at the Lawyer's Office/Legal Aid Office and record the proceedings in a diary, which will carry 15 marks. Each student will further observe the preparation of documents and court papers by the Advocate and the procedure for the filing of the suit/petition. This will be recorded in the diary, which will carry 15 marks.

(d) The fourth component of this paper will be Viva Voce examination on all the above three aspects. This will carry 10 marks.

Legal Philosophy including theory of Justice

Indian Federalism

Affirmative Action and Discriminative Justice

Comparative Constitution

Human Right Law and Practice

Gender Justice and Feminist Jurisprudence

Fiscal Responsibility & Management

Local Self Government including Panchayet Administration

Right to Information

Civil Society & Public grievance

Government Accounts & Audit

Law on Education

Media & Law

Health Law

Citizenship & Emigration Law

Interpretation of Statutes and Principle of Legislation

Legislative drafting

Law and Economics

Banking Law

Investment Law

Financial Market Regulation

Foreign Trade

Law of Carriage

Transportation Law

Insurance Law

Bankruptcy & Insolvency

Corporate Governance

Merger & Acquisition

Competition Law

Information Technology Law

Direct Taxation

Indirect Taxation

Equity and Trust

Law on Project Finance

Law on Corporate Finance

Law on Infrastructure Development

Special Contract

International Trade Economics

General Agreement on Tariff & Trade

Double Taxation

Dumping and Countervailing Duty

Trade in Services & Emigration Law

Cross Border Investment

Agriculture

Dispute Resolution

International Monetary Fund

Trade in Intellectual Property

International Banking & Finance

Criminal Psychology

Forensic Science

International Criminal Law

Prison Administration

Penology & Victimology

Offences Against Child & Juvenile Offence

Women & Criminal Law

IT Offences

Probation and Parole

Criminal Sociology

Comparative Criminal Procedure

Financial and Systemic Fraud

White Color Crime

International Organization

International Human Rights

Private International Law

International Environmental Law

IMF & World Bank

Regional Agreement & Regionalization

Uncitral Model Codes

International Labour Organization & Labour Laws

International Dispute Resolution Bodies

Maritime Law

Law of the Sea and International River

Humanitarian and Refugee Law

International Criminal Law and International Criminal Court

Land Laws including Tenure & Tenancy system

Law on Agriculture Infrastructure: seed, water, fertilizer, pesticide etc.

Law on Agricultural Finance

Law on Agricultural Labour

Agricultural Marketing

Farming & Cultivation

Farmer and Breeders' Right

Cooperative and Corporatization of Agriculture

Dispute Resolution and Legal aid

Agricultural Insurance

Law on SMEs on agricultural processing and rural industry

23[Animal Protection Laws as optional paper]

Patent Right creation and Registration

Patent Drafting and Specification Writing

IPR Management

Copyright

Trade Mark and Design

Trade Secret and Technology transfer

Other Forms of IPR creation and registration

IPR Litigation

IPR Transactions

Life Patent

Farmers and Breeders right

Bio Diversity protection

Information Technology

IPR in Pharma Industry

IPR in SMEs

Provided that a University/School may add to the above list of subjects as well as a New Group of subject specialization with such papers as may be stipulated from time to time. Students in the general law course have to take not less than six papers from any three or more groups.

In case of specialization or honours in any group, one has to take at least eight papers from one group over and above six optional papers in other groups (Papers 29 to 36).

University may restrict Groups and/or subjects in a group for offering options based on availability of faculty and other facilities.

General English

Major Subject in BA/B.Sc./B.Com/BBA etc(Paper 1)

Minor I (Paper 1)

Minor II (Paper 1)

Law of Tort

Law of General Contract

English Literature

Major Subject (Paper 2)

Minor 1 (Paper 2)

Minor II (Paper 2)

Constitutional law of India

Legal Method

# For Pass course one has to offer only

14 papers in liberal discipline and 28 courses in Law

First Semester: Law of Tort, General Contract, Constitutional Law, Property Law, Indian Penal Code

Second Semester: Special Contract, Administrative Law, Family Law-1,

Criminal Procedure Code, Civil Procedure Code, Evidence Law

Detailed course design may be supplied during admission.

1. Definition. Institution means a Centre of Legal Education (CLE).

2. Minimum Capital Fund requirement. Each Centre of Legal Education before seeking affiliation with a University and approval of Bar Council of India of the same shall have a minimum capital fund requirement of Rupees ten lakh to be kept into a Bank account to be used for any future exigencies and development of the Institution. The Account is to be jointly operated by the Secretary or Principal with the Registrar of the University or his authorized agent.

3. Freehold or Leasehold Property: Each Centre of Legal Education providing education in law either in the Department of law of a University or its constituent or affiliated college must have either on freehold or on long leasehold land adequate to provide academic buildings, library, indoor and outdoor sports facilities, halls of residences for male and female students separately, as the case may be, in the name of the Centre of Legal Education or organization running the Centre of Legal Education. However, lease in the name of the Centre of Legal Education shall be for a period of not less than ten years. What is the adequate space for the said purpose shall be decided by the respective authority of the University under its affiliation regulation and as guided by the UGC.

Provided that sufficient land and adequate floor space area completely and exclusively devoted for a Centre of Legal Education, based on the size of its student population, faculty requirement infrastructure facilities, Library space requirement, indoor and outdoor games facilities and other requirements can be considered sufficient accommodation in compliance with this clause, for the purpose in a multi-faculty Institution on land possessed by the Management of a Society/Trust/Non Profit Company running multi-faculty institutions in a metropolitan or in a class 1 city.

4. Academic Building: There shall be the academic building to provide separate class rooms for general class for each section sufficient to accommodate sixty students as per the requirement of per student floor space as specified by the University Grants commission or such other standard setting body like AICTE and also such other rooms for tutorial work, moot court room exercises, common room for male and female students and adequate library space for keeping books, periodicals, and journals. The library shall also have adequate reading space for at least 25% of the enrolled students according to per capita reading space specified by any standard setting bodies like UGC.

5. General timing for conduction of courses in Academic Building: Classes may be conducted between 8 a.m. to 7 p.m. in an Institution, which is not fully residential. However the Library may remain open till 10 p.m.

5-A. Size of a section: The Inspection Committee may approve for admission in each of the section of a class for not more than 60 students and may allow a minimum of two sections in each class but not more than five sections in one class (such as First Year or Second Year or Third Year, etc) as the case may be unless there is any exceptional reason for granting more sections in a Class, such a reason has to be specified by the inspection Committee.

6. Library Building: There shall be adequate space in the library for computer facility with access to internet and national and international library access and data bases.

7. Games Facilities: There shall be facilities for indoor and outdoor facilities for games and sports.

8. Halls of residence: There may be facility required for halls of residence separately for males and females students constructed on the direction and specification by UGC or any such other standard setting body for affiliating an Institution.

9. (a) Laboratories: Institutions running integrated law program shall have adequate laboratory facilities in various courses of studies, if offered in the curriculum for Science, Engineering and technology courses along with law courses. The standard of such laboratory, per capita space, equipments, supplies, and other facilities shall be as specified by the UGC or any such other standard setting and regulatory bodies for the purpose of affiliation of such an Institution.

(b) Computer Education to be made compulsory for all the students.

10. Organization structure of an Institution: Affiliated Centres of Legal Education can be run by a Non-profit organization, like a Public Trust, Societies registered under Union or State law, or a Non Profit Company. All properties, assets, and the academic and academic support services shall be required to be recorded in the name of the Institution.

11. Legal Aid Centre: Each institution shall establish and run a Legal Aid Clinic under the supervision of a Senior Faculty Member who may administer the Clinic run by the Final year students of the Institution in cooperation with the Legal Aid Authorities with list of voluntary lawyers and other Non-Government Organizations engaged in this regard in the locality generally from which the student community of the Institution, hail from.

12. All Bank account or accounts and Funds of the Institution shall be jointly operated by the Manager/Secretary designated by the Trust, Society, or the Non-Profit Company, as the case may be, with the Head of the Institution.

13. All Records of the Institution including financial, academic and other organizational records and the meeting proceedings shall be kept in safe custody by the Head of the Institution in the Office of the Institution and shall remain accessible to all authorities and Inspection teams.

14. Copy of Affiliation Rules of the University: All affiliating Universities would be required to forward a copy of the Affiliation Rules and affiliation order to the Bar Council of India before an Inspection of the University including any of its affiliated Centres of Legal Education.

24[15. Minimum Library requirement: To start with, a Law Library shall have a set of AIR manual, combo offer of C.D. of AIR Pvt. Ltd. containing electronic version of AIR, Cr. L.J., Central Acts and Local Acts, Criminal Law Journal, SCC, Corporate Law Advisor, Company Cases, Indian Bar Review, selected Judgments on Professional Ethics and Journals with the back volumes for at least ten years and also such number of text books in each subjects taught during the period according to the minimum standard ratio of ten books for each registered students. For running integrated program, text books of such other subjects are also to be kept in the similar minimum ratio. The minimum investment in Library in each academic year shall be Rupees Fifty thousand for one stream and Rupees One Lakh for both the streams.]

16. Whole time Principal/Head/Dean: There shall be a Principal for each constituent or affiliated Centre of Legal Education of a University and a Dean for the University Department, who shall have minimum prescribed qualification in law as prescribed by the UGC for respective position like Principal of a Centre of Legal Education or a Professor of Law to hold Deanship, as the case may be.

17. Core Faculty: There shall be sufficient number of full time faculty members in each Centre of Legal Education (i.e., Department, constituent or affiliated college) to teach each subject at all point of time for running courses who can be supported by part time or visiting faculty. Such a core faculty shall in no case be less than six in the first year of the approval with both streams in operation, eight in the second year and ten in the case of third year of law courses. In addition, for the integrated course there shall be adequate faculty in the subjects offered in the liberal educational subjects as part of the course by the institution. These faculties in the liberal educational discipline in Arts, Science, Management, Commerce, Engineering, Technology or any other discipline shall possess qualification as is required under the UGC guideline or under such other standard setting body as the discipline is allotted to by any Act, statute, or Rules of the Government of India or of a State.

For the Three Year Bachelor of Law degree course only with two sections without the Honour program, there shall be minimum of 4 core faculty in the first year six in the second and eight in the third year in addition to the Principal/Head or Dean as the case may be.

Provided that an institution intending to run any specialized or honours course must have at least three faculty in the group in which specialization and honours courses are offered.

Provided further that each full time faculty shall take as many classes in the subject or subjects as may be assigned to them on the basis of standard prescribed by the standard setting institution like UGC.

Provided further, if any institution of a University, which was already affiliated to the University and approved to run professional courses of either scheme or both by the Bar Council of India after inspection of the University, falls short of required full time faculty, the new admission in courses may be required to remain suspended until new required number of faculty is procured.

The University shall before starting a new academic session, notify which institutions are only be allowed to admit fresh students.

Provided further that if while inspecting the University it was found that in any institution of the University adequate number of full time faculty was not there in the staff, the Bar Council after giving notice to the University might give a public notice directing the University not to admit students in the new academic year in that institution.

18 Minimum weekly class program per subject (paper): There shall be for each paper (with 4 credit) Four class-hours for one hour duration each and one hour of tutorial/moot court/project work per week.

19. Examination rule guideline: The examination shall ordinarily be held at the end of every semester. The University shall, however, be at liberty to hold examination quicker frequency on continuing basis. Suitable allocations of subjects for each semester program, as the case may be, shall be planned by the University and the same shall be intimated to the Bar Council of India along with the Examination Rules adopted by the University concerned.

20. Minimum qualification needed for the Faculty: Full-time faculty members including the Principal of the Centre of Legal Education shall be holders of a Master's degree or as prescribed by UGC or other such standard setting bodies.

However faculty for teaching clinical program may be appointed from the retired judicial officers or from the Bar, a person with professional experience for a minimum period of 10 years. Visiting faculty from the Bar, bench or academy shall have a minimum experience of 10 years.

21. Teaching load: The teaching load of full-time and part time teachers shall be according to the norms prescribed by the U.G.C. from time to time.

22. Salary scale: The salary paid to the Principal shall be according to the scales recommended by the U.G.C from time to time with other benefits. Core Full Time Faculty shall ordinarily be given usual UGC scale.

An Institution may however have faculty whose remuneration is based on contract provided the remuneration is comparable with or more favorable to the faculty in comparison with the UGC Scale and salary shall be paid through account payee cheque.

23. Standard Academic practice: The Bar Council of India may issue directives from time to time for maintenance of the standards of Legal Education. The Centre of Legal Education/University has to follow them as compulsory.

24. The Questionnaire specified in Schedule VI & VII and as amended from time to time, is to be responded to by the applicant for approving an affiliated institution by the Bar Council of India under the Rules, which shall be deemed to be directive issued under this Rule. The questionnaire shall be submitted with the application for initial inspection with such other particulars, documents and fees as may be prescribed.

25. Minimum Period of Internship: (a) Each registered student shall have completed minimum of 12 weeks internship for Three Year Course stream and 20 weeks in case of Five Year Course stream during the entire period of legal studies under NGO, Trial and Appellate Advocates, Judiciary, Legal Regulatory authorities, Legislatures and Parliament, Other Legal Functionaries, Market Institutions, Law Firms, Companies, Local Self Government and other such bodies as the University shall stipulate, where law is practiced either in action or in dispute resolution or in management.

Provided that internship in any year cannot be for a continuous period of more than Four Weeks and all students shall at least gone through once in the entire academic period with Trial and Appellate Advocates.

(b) Each student shall keep Internship diary in such form as may be stipulated by the University concerned and the same shall be evaluated by the Guide in Internship and also a Core Faculty member of the staff each time. The total mark shall be assessed in the Final Semester of the course in the 4th Clinical course as stipulated under the Rules in Schedule II.

26. District-wise list of Senior Lawyers willing to guide students under internship: The State Bar Councils shall be required to prepare a list of suggested Senior Advocates District-wise with at least ten years experience who are willing to take under internship students during the vacation period. The Bar Council of India shall then publish the list of senior lawyers willing to guide students under internship in the web-site as well as make the list available with the Institutions.

(For all) White/Black trouser, white shirt, black tie, black coat, black shoe and black socks. When students have problems of getting the entire formal dress for any reason, they have to have a white trouser, full sleeve shirt to be tucked in and covered shoe.

(Optional for Girl students) Black printed sharee, with white full sleeve blouse and covered black shoe or Lawyer's Suit with black covered shoe.

The Organization or Advocate under whom the internee is placed is required to follow suitable dress code.

28. Age on admission: (a) Subject to the condition stipulated by a University on this behalf and the high degree of professional commitment required, the maximum age for seeking admission into a stream of integrated Bachelor of law degree program, is limited to twenty years in case of general category of applicants and to twenty two years in case of applicants from SC, ST and other Backward communities.

(b) Subject to the condition stipulated by a University, and the general social condition of the applicants seeking legal education belatedly, the maximum age for seeking admission into a stream of Three Year Bachelor Degree Course in Law, is limited to thirty years with right of the University to give concession of 5 further year for the applicant belonging to SC or ST or any other Backward Community.

Explanation.

1. Each institution requiring inspection, initial or regular, by the Inspecting Committee of the Bar Council of India shall and pay inspection fee of rupees one lakh or any other sum as may be stipulated by the Bar Council of India from time to time in a draft payable to Bar Council of India at New Delhi along with submission of application Form.

2. Whenever approval of affiliation is granted to the Centres of Legal Education, it shall be necessary for the Centres of Legal Education to deposit Rupees Two Lakh in the shape of guarantee to fulfill all the norms of the Bar Council of India. The same shall be liable to be forfeited if norms are not complied with and same shall carry no interest.

3. Any institution seeking accreditation from the Bar Council of India shall pay an accreditation fee of Rupees two lakh or such fee as may be prescribed.

Conditions. The Degrees in law from the following Universities abroad enjoy recognition by the Bar Council of India provided:

(i) The students have undergone a regular law course after graduation in the pattern of 10+2+3+3 or a 5 year course in the pattern of 10+2+5.

(ii) The following conditions are applicable for Universities which are marked with * in the list given under United Kingdom

(a) Three years' LLB degree only if taken after a three years' bachelor degree course in any subject (that is after obtaining BA/BSc/BCom/BBA); or

(b) Three Years' LL.B. course followed immediately by 1 year whole time LPC/BVC and followed by a contract of service with a Law Firm for two years to be entitled to be enrolled as a solicitor or take pupilage for a year in a Chamber of a qualified Barrister to be a Master, or

(c) Four Years' of LLB jointly with another subject like Finance, Accounts, Management or a Language to be immediately followed by one year full time LPC/BVC from a College of Inns of courts/Solicitors Society or a Master degree in Law.

PRO FORMA INSPECTION REPORT

THE BAR COUNCIL OF INDIA

21, ROUSE AVENUE, NEW DELHI-110002

(a) Part I is the form in which Centres of Legal Education/departments seeking recognition have to apply. Three copies of the application in hard and soft copies have to be filed along with supporting documents. All columns must completed; incomplete applications will not be taken up for consideration. Forms submitted without the prescribed fee will not be considered. It may take 12 to 16 weeks for the Bar Council of India to cause the inspection after submission of the applications.

(b) Part II is the form in which the inspection team will verify data and prepare its report to the Legal Education Committee.

(c) Part III is the form in which the Bar Council of India office will seek explanation/clarification and wherever necessary, compliance to the Bar Council of India rules before submission of the application along with the inspection report to Legal Education Committee for consideration.

(d) Correct and honest statement of facts supported by documentary evidence and prompt response from the management to the correspondence will enable the Bar Council of India to process the applications at the shortest possible time.

(e) Any attempt to influence the judgment of the Inspection team or Legal Education Committee/Bar Council of India will entail summary rejection of the application itself.

APPLICATION SEEKING APPROVAL OF AFFILIATION/RECOGNITION OF CENTRES OF LEGAL EDUCATION/UNIVERSITIES TEACHING LAW FOR PURPOSES OF ADVOCATES ACT, 1961

[Note: Each affiliating University shall submit its Rules of Affiliation to the Bar Council of India while seeking approval of Affiliation of a Centre of Legal Education. In case of direct application the applicant shall annex with the application Rules of Affiliation of a Centre of Legal Education in the respective University]

I. ESTABLISHMENT, MANAGEMENT AND STATUS OF THE INSTITUTION:

II. INFRASTRUCTURAL FACILITIES

III. ACADEMIC AFFAIRS AND POTENTIAL FOR DEVELOPMENT

IV. SELF ASSESSMENT REPORTS

The Legal Education Committee/Bar Council of India would like to have an objective, honest and transparent assessment of the academic performance and potential of the Centre of Legal Education/department from each member of the teaching staff including Principal and of the management independently when they can frankly express the strengths and weaknesses of the institution as they perceive it. If any member wants to keep that information confidential the Legal Education Committee/Bar Council of India will make every effort to keep it so. The individual reports may also be directly sent to the Chairman, Legal Education Committee if they so desire.

V. UNDERTAKING

I Mr./Ms hereby declare that the information provided above are true to the best of my knowledge and I have not attempted to suppress or exaggerate data concerning the above institution which is directly under my management.

PLACE:

DATE:

P.S. Send this report only in the form serially numbered and available only from the Secretary, Bar Council of India, New Delhi. Keep a xerox copy of the same with you for record and consultation when the inspection team visits your Centre of Legal Education.

THE BAR COUNCIL OF INDIA: LEGAL EDUCATION INSPECTION PRO FORMA TO BE FILLED BY BAR COUNCIL OF INDIA APPOINTED INSPECTION TEAM AFTER VISITING CENTRES OF LEGAL EDUCATION/DEPTS

(Each member to file independent inspection reports. Please file the report on the same day of inspection or in the following day)

(a) Names of Inspection Team:

(b) Date of Inspection:

(c) Did you study Part I application filed by the Centre of Legal Education and formulated the questions you want to specifically raise with management, faculty, students and alumni?

B. VERIFICATION OF DETAILS ON INFRASTRUCTURE, MANAGEMENT AND ACADEMIC ENVIRONMENT

(Note: The team will go through each and every item in Part I with the Management/Principal, personally visit the premises and satisfy itself of the statements made therein. Discrepancies and inadequacies noticed are to be recorded here in detail as they would form the basis of queries/classifications under Part III to be raised by Bar Council of India Secretariat later. Use separate sheets and attach with the report).

C. VERIFICATION OF ACADEMIC AFFAIRS AND POTENTIAL FOR DEVELOPMENT

(Note: This should contain information on the quality of teaching, academic performance in the past, library resources available and its use by students, the competence of teachers for respective jobs including clinical teaching, extent of student satisfaction, general reputation of the Centre of Legal Education etc. The inspection team will use the self-assessment reports of teachers for verifying this item in discussion with the teachers concerned. Separate meetings with groups of students and advocates in the area who passed out of the institution are desirable to come to a fair conclusion on standards for the purpose of suggesting improvements in academic affairs.

Use separate sheets to record your impression on academic standards, its strength and weaknesses. It is important that each team member prepare the impressions independently so that the Legal Education Committee can come to an objective assessment with the help of inspection reports).

D. CONCLUSION AND RECOMMENDATIONS

(a) On Infrastructure including library and staff:

(b) On standards of teaching, research, co-curricular activities:

(c) On reforms immediately required if Bar Council of India Rules were to be complied with in letter and spirit:

(d) Recommendations for Legal Education Committee/Bar Council of India consideration:

THE BAR COUNCIL OF INDIA: LEGAL EDUCATION EXPLANATIONS AND CLARIFICATIONS OF CENTRE OF LEGAL EDUCATION ON QUERIES RAISED AFTER INSPECTION

(Note: This part is to be filled by management of the Centre of Legal Education if they are asked to do so by the Bar Council of India Secretariat on the basis of the findings of the inspection team. Only applications which are complete in all respects alone will be submitted to the Legal Education Committee. As such, Bar Council of India Secretariat will examine the application (Part I) with the inspection reports (Part II) in the context of Rules of the BCI Rules and point out inadequacies and non-compliance and seek clarifications from Centre of Legal Education by sending this pro forma (Part III). Before sending the Part III pro forma, the BCI Secretariat will enter the queries and clarifications they are seeking from the Centre of Legal Education management)

Queries from the BCI Secretariat to Centre of Legal Education management:

1.

2.

FOR OFFICE USE ONLY

(i) Recommendations of the LEGAL EDUCATION COMMITTEE:

(ii) Decision of the Bar Council of India:

THE BAR COUNCIL OF INDIA PROFORMA FOR INSPECTION REPORTOF CENTRE OF LEGAL EDUCATION

(While preparing the report of inspection of the Centre of Legal Education, members are requested to follow the following pro forma)

Pro forma Application Form for approval of affiliation to be submitted to the Bar Council of India with copy of application for affiliation of a University

1. Name of the Centre of Legal Education:

2. Address with phone number, email ID:

3. Name and address of the body running the Centre of Legal Education:

4. Name of the University:

5. When the University affiliated the Centre of Legal Education (copy of the letter of affiliation to be attached):

6. Affiliation granted up to:

7. Conditions of affiliations, if any:

8. When NOC from the State Government obtained, if required (a copy of the NOC to be attached):

9. Affiliation approved by Bar Council of India on (in case of subsequent approval needed):

10. Approval valid up to (in case subsequent approval needed):

11. Conditions of approval of the Bar Council of India, if any (in case of subsequent approval needed):

12. Specific response on each condition of approval (in case of subsequent approval needed):

13. When was the initial inspection by Bar Council of India done (in case of subsequent approval needed):

14. Annual Report & audited Accounts of the previous years (in case of subsequent approval needed):

15. Detailed statement of the infrastructure if not provided in the application:

16. List of teaching faculty & None teaching staff with qualifications & experience.

Forms of Annual Return

To be specified later and incorporated as and when prescribed

Application form accreditation and credit rating

To be specified later and incorporated as and when prescribed

Information of enrolled student for Uniform Identity Card

To be specified later and incorporated as and when prescribed

Centralised data for Faculties

To be specified later and to be incorporated as an when prescribed

List of approved Foreign Universities whose degree in law can be considered for enrolment under Chapter V of the Rules

List of dates fixed for various Regulatory purposes

PREPARATION AND MAINTENANCE OF THE STATE ROLL

[Rules under Sections 17, 19, 20 and 22 of the Act]

1. (1) The Council may, from time to time, give directions as to the manner in which the State Councils shall prepare and maintain the Rolls under Section 17 of the Act.

(2) The copies of the State Roll to be sent under Section 19 of the Act shall be in Form B-1 and B-2 as set out in the rules at the end of this Chapter and shall contain such further details as the Council may specify.

2. Particulars of transfers under Section 18 of the Act, cancellations directed under the proviso to Section 26(1) of the Act, removal of names under Section 26-A of Act, punishments imposed by an order under Chapter V, particulars as to the result of appeals under the relevant decisions of the courts, and such other matters which the Council may specifically direct, shall be noted in the said Rolls.

3. Save as otherwise directed by the Council, no other particulars shall be entered in the said Rolls.

4. Every page of the Roll shall bear the signature or a facsimile thereof of the Secretary or other person authorised by the State Council.

5. Authenticated copies of any additions or alternations made in the Roll shall be sent to the Council without delay.

[Under Rule 1(2) of Chapter I, Part V]

[Under Rule 1(2) of Chapter I, Part V]

Part II: Copy of Roll under Section 17(1)(b) of the bar Council of sent under Section 19 of the Advocates Act, 1961

PREVENTION OF ENTRY IN MORE THAN ONE ROLL

[Rules under Section 17(4) and 49(1)(ad) of the Act]

1. The rules of every State Council shall provide inter alia, for a declaration in its form of application for enrolment.

(a) that the name of the applicant is not on the roll of any other State Council, and

(b) that the applicant will not, so long as his name is on the roll of one of the State Councils, apply for enrolment to any other State Council.

2. The Council may, on receipt of information that the name of any person is entered on the roll of more than one State Council, after hearing the person concerned, remove his name from any of the rolls on which his name appears and take such other action against him as may be called for.

TRANSFER OF NAME FROM ONE STATE ROLL TO ANOTHER STATE ROLL

[Rules under Section 18 and 49(1)(b) of the Act]

1. Any person whose name is entered on any State Roll may make an application to the Council for transfer under Section 18 of the Act in Form C in this Chapter. The application shall be accompanied by (i) a certified copy of the entry in the State Roll relating to the applicant and (ii) a certificate from the State Council stating that his certificate of enrolment has not been recalled, that the applicant is entitled to practise on the date of his application, that there are no disciplinary proceedings pending against the applicant and that it has no objection to the transfer being ordered.

On receipt of an application for transfer, the Secretary shall enquire from the State Council concerned whether they have any objections to the transfer being granted, and he shall thereafter place the papers for disposal before the Council or a Committee constituted for the purpose. If the Committee consider that the application shall be refused, the matter should be referred to the Council for orders.

1-A. On receipt of an application for transfer, the transferor Bar Council shall transmit the entire records relating to the enrolment of the advocate who is seeking a transfer, to the Bar Council of India together with original of the application for enrolment, retaining an authenticated copy of the documents with the transferor Bar Council26.

2. (1) The order of the Council on the application for transfer shall ordinarily be in Form-D in the annexure to this Chapter.

(2) The applicant for transfer shall be informed about the order on his application.

(3) On receipt of a communication from the Bar Council of India of an order for transfer:

(a) it shall be the duty of the advocate who has applied for transfer to produce the certificate of enrolment issued to him under Section 22 of the Act for endorsement in Form D-1 in this Chapter to the State Council on the roll of which his name appears. The said State Council shall as expeditiously as possible after the endorsement and the necessary entries in its roll transmit the certificate to the State Council to which the name of the Advocate is directed to be transferred;

(b) on receipt of the certificate endorsed as aforesaid the Secretary of the latter State Council shall make a further endorsement thereon in Form D-2 in this Chapter;

(c) on such endorsement being made and the other formalities, if any, required by law being complied with the transfer shall be deemed to take effect from the date of the direction of the Bar Council of India under Section 18 of the Act.

(d) After the application has been allowed by the Bar Council of India, the Bar Council of India shall transmit the original records received from the transferor Bar Council to the transferee Bar Council and in the event of the application for transfer is rejected for any reason, shall be transmitted to the transferor Bar Council27.

(4) A Copy of the Order on the applications for transfer made by the Council shall be put up on the Notice Board of the State Councils concerned.

(Under Rule I Chapter III Part V)

BAR COUNCIL OF INDIA

Application for Transfer to another Roll under Sections 18 and 49(1)(b) of the Advocates Act, 1961.

From

..

..

To

The Secretary

Bar Council of India

New Delhi.

Sir

1. I request the transfer of name from the roll of the Bar Council of .. to the roll of the Bar Council of .. under Section 18 of the Act for the reasons set out by me in this application.

2. I was enrolled in the Bar Council of on ..

3. My name is entered on the roll of the said Bar Council .. and my roll number is .

4. I state that prior to my enrolment as aforesaid, in the Bar Council of . I did not make any application for enrolment to any other State Bar Council and that no such application was either withdrawn, refused or dismissed.

(If any prior application had been made, details should be given here).

5. I state that there are/are no disciplinary proceedings pending against me in any State Bar Council.

6. The reasons for my application for transfer are as follow:

(If the application for transfer is made within 2 years of the date of enrolment, applicant should state the reason why even at the first instance he did not apply for enrolment to the Bar Council to which transfer is sought).

7. After the transfer of my name to the roll of the Bar Council . I intend to practise ordinarily at . My permanent address after transfer will be:

8. I undertake to communicate to the State Bar Council to which my name is to be transferred, any change in the said address.

9. Till the transfer is effected all communications may please be sent to the following address:

I undertake to furnish any further information that may be necessary in reply to any communication that may be sent to the said address till the transfer is ordered.

10. I enclose herewith:

(i) A certified copy of entry in the State Roll.

(ii) A certificate from the State Bar Council as prescribed in Rule 1(2) in Part V Chapter III.

I hereby declare that the facts stated herein are true.

BAR COUNCIL OF INDIA

Order on Transfer Applications

Resolved that the names of the following persons be removed from and entered in the rolls of the State Bar Councils as shown against their names:

Name transferred to the roll of the Bar Council of .. by order of the Bar Council of India made under resolution No .. dated . Date .. Secretary, Bar Council of

On transfer from the roll of the Bar Council of .. with Roll No . (vide BCI Order dated .. and communication of State Bar Council of .. Dated .) the name is entered in the State Roll of Bar Council of .. vide Roll No. .Dated ..

SENIORITY IN THE STATE ROLLS

[Rules under Sections 17(3), 20 and 49(1)(i)(ac) of the Act]

1. Seniority of Vakils, Pleaders and Attorneys not entitled to practise in the High Court. The seniority of a Vakil, Pleader or Attorney, who was not entitled to practise in the High Court, and who was enrolled as an advocate immediately before the appointed day or who was enrolled after that day shall be determined according to the date of enrolment as advocate.

2. Seniority of other Advocates. (1) The seniority of other advocates referred to in Section 17(1)(a) shall:

(a) in the case of persons whose names were entered in the rolls under Section 8(3)(a) of the Indian Bar Councils Act, 1926, be the date from which their seniority was reckoned in the said rolls;

(b) in the case of persons admitted as advocates under Section 58-A of the Act, be the dates of their first admission when they were entitled to practise in the High Court of Allahabad or the Chief Court of Oudh or the other High Courts or the Judicial Commissioners' Court mentioned in sub-sections (2), (3) and (4) of the said Section 58-A;

(c) in the case of persons admitted as advocates under Section 58-AA of the Act, be the date when they were first entitled to practise the profession of law under the law enforced in the Union Territory of Pondicherry;

(d) in the case of the other persons be determined in accordance with the date of enrolment under the Indian Bar Councils Act, 1926.

Proviso to (a), (b), (c) and (d). Provided that in the case of a person whose name had been entered on the rolls of more than one High Court, the date as shown in the High Court in which he was first enrolled shall be taken as the date for entry for purpose of seniority in the rolls under Section 17(1)(a) of the Advocates Act, 1961.

(2) In the case of the persons referred to in Section 58-AE of the Act, be the date when they were first entitled to practise the profession of law as provided for in Section 58-AE.

(3) In the case of the persons referred to in Section 58-AF of the Act, the date on which they are deemed to be advocates.

3. In cases not covered by any of the rules previous in this Chapter, or in case of doubt, the seniority shall on a reference by a State Council, be according to the dates as may be determined by the Council.

4. Seniority of Senior Advocates of the Supreme Court: The seniority of a senior advocate enrolled before the appointed day shall be determined in accordance with the date of his enrolment as senior advocate.

SPECIAL PROVISION FOR ENROLMENT OF CERTAIN SUPREME COURT ADVOCATES

[Rules Under Section 20 read with Section 49(1)(i) of the Act]

1. Any Advocate who was entitled as of right to practise in the Supreme Court immediately before the appointed day and whose name is not entered in any State Roll may within 31st December, 1974 express his intention in the form prescribed under this rule to the Bar Council of India for entry of his name in the roll of any State Bar Council.

2. The notification of the Bar Council of India prescribing the date shall be published in the Gazette of India, and copies thereof sent to all Bar Councils. The notification or a gist thereof shall also be published in at least one English Newspaper in Delhi and one English Newspaper in every State.

BAR COUNCIL OF INDIA

Intimation under Section 20 of the Advocates Act, 1961

(Unnecessary columns/entries to be struck out)

To

The Secretary

Bar Council of India,

21, Rouse Avenue, Institutional Area

New Delhi 110002.

1. I, .. (name in block letters), residing at was entitled as of right to practise in the Supreme Court of India immediately before the appointed day viz., 1-12-1961.

2-A. I was enrolled on as an Advocate of the Supreme Court of India and was entitled as of right to practise in the Supreme Court immediately before the appointed day viz 1-12-1961.

I have not expressed to any State Bar Council my intention to practise under Section 17(1)(a) of the Advocates Act, 1961.

OR

2-B. (i) I was first enrolled as an Advocate of the Supreme Court of India on and was entitled as of right to practise in the Supreme Court immediately before the appointed day viz., 1-12-1961.

(ii) I was enrolled later as Senior Advocate of the Supreme Court of India on

My Roll Number as Senior Advocate is I have not expressed to any Stare Bar Council my intention to practise under Section 17(1)(a) of the Advocates Act, 1961.

3. (To be entered if in service) On the date of this intimation, I am in service (Particulars to be given)

I undertake to intimate my intention to resume practise to the State Bar Council mentioned in Column 4.

4. I hereby express my intention as mentioned under Section 20 of the Advocate Act, (as amended) for the entry of my name in the roll of the Bar Council of .. . I declare that the facts set out in this form are correct.

(Signature)

Date

Place ..

Address

..

RESTRICTIONS ON SENIOR ADVOCATES

[Rules Under Sections 16(3) and 49(1)(g) of the Act]

Senior Advocates shall, in the matter of their practice of the profession of law mentioned in Section 30 of the Act, be subject to the following restrictions:

(a) A Senior Advocate shall not file a vakalatnama or act in any Court, or Tribunal, or before any person or other authority mentioned in Section 30 of the Act.

Explanation. To act means to file an appearance or any pleading or application in any court or Tribunal or before any person or other authority mentioned in Section 30 of the Act, or to do any act other than pleading required or authorised by law to be done by a party in such Court or Tribunal or before any person or other authorities mentioned in the said Section either in person or by his recognised agent or by an advocate or an attorney on his behalf.

(b)(i) A Senior Advocate shall not appear without an Advocate on Record in the Supreme Court or without an Advocate in Part II of the State Roll in any court or Tribunal or before any person or other authorities mentioned in Section 30 of the Act.

(ii) Where a Senior Advocate has been engaged prior to the coming into force of the rules in this Chapter, he shall not continue thereafter unless an advocate in Part II of the State Roll is engaged along with him. Provided that a Senior Advocate may continue to appear without an advocate in Part II of the Sate Roll in cases in which he had been briefed to appear for the prosecution or the defence in a criminal case, if he was so briefed before he is designated as a senior advocate or before coming into operation of the rules in this Chapter as the case may be.

(c) He shall not accept instructions to draft pleading or affidavits, advice on evidence or todo any drafting work of an analogous kind in any Court or Tribunal or before any person or other authorities mentioned in Section 30 of the Act or undertake conveyancing work of any kind whatsoever. This restriction however shall not extend to settling any such matter as aforesaid in consultation with an advocate in Part II of the State Roll.

(cc) A Senior Advocate shall, however, be free to make concessions or give undertaking in the course of arguments on behalf of his clients on instructions from the junior advocate.

(d) He shall not accept directly from a client any brief or instructions to appear in any Court or Tribunal or before any person or other authorities in India.

(e) A Senior Advocate who had acted as an Advocate (Junior) in a case, shall not after he has been designated as a Senior Advocate advise on grounds of appeal in a Court of Appeal or in the Supreme Court, except with an Advocate as aforesaid.

(f) A Senior Advocate may in recognition of the services rendered by an Advocate in Part-II of the State Roll appearing in any matter pay him a fee which he considers reasonable.

STANDARDS OF PROFESSIONAL CONDUCT AND ETIQUETTE

[Rules under Section 49(1)(c) of the Act read with the Proviso thereto]

Preamble. An advocate shall, at all times, comport himself in a manner befitting his status as an officer of the Court, a privileged member of the community, and a gentleman, bearing in mind that what may be lawful and moral for a person who is not a member of the Bar, or for a member of the Bar in his non-professional capacity may still be improper for an advocate. Without prejudice to the generality of the foregoing obligation, an advocate shall fearlessly uphold the interests of his client and in his conduct conform to the rules hereinafter mentioned both in letter and in spirit. The rules hereinafter mentioned contain canons of conduct and etiquette adopted as general guides; yet the specific mention thereof shall not be construed as a denial of the existence of others equally imperative though not specifically mentioned.

1. An advocate shall, during the presentation of his case and while otherwise acting before a court, conduct himself with dignity and self-respect. He shall not be servile and whenever there is proper ground for serious complaint against a judicial officer, it shall be his right and duty to submit his grievance to proper authorities.

2. An advocate shall maintain towards the courts a respectful attitude, bearing in mind that the dignity of the judicial office is essential for the survival of a free community.

3. An advocate shall not influence the decision of a court by any illegal or improper means. Private communications with a judge relating to a pending case are forbidden.

4. An advocate shall use his best efforts to restrain and prevent his client from resorting to sharp or unfair practices or from doing anything in relation to the court, opposing counsel or parties which the advocates himself ought not to do. An advocate shall refuse to represent the client who persists in such improper conduct. He shall not consider himself a mere mouth-piece of the client, and shall exercise his own judgment in the use of restrained language in correspondence, avoiding scurrilous attacks in pleadings, and using intemperate language during arguments in court.

5. An advocate shall appear in court at all times only in the prescribed dress, and his appearance shall always be presentable.

6. An advocate shall not enter appearance, act, plead or practise in any way before a court, Tribunal or Authority mentioned in Section 30 of the Act, if the sole or any member thereof is related to the advocate as father, grandfather, son, grand-son, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law.

28For the purposes of this rule, Court shall mean a Court, Bench or Tribunal in which above mentioned relation of the Advocate is a Judge, Member or the Presiding Officer.

7. An advocate shall not wear bands or gown in public places other than in courts except on such ceremonial occasions and at such places as the Bar Council of India or the court may prescribe.

8. An advocate shall not appear in or before any court or tribunal or any other authority for or against an organisation or an institution, society or corporation, if he is a member of the Executive Committee of such organisation or institution or society or corporation.

Executive Committee , by whatever name it may be called, shall include any Committee or body of persons which, for the time being, is vested with the general management of the affairs of the organisation or institution, society or corporation.

Provided that this rule shall not apply to such a member appearing as amicus curiae or without a fee on behalf of a Bar Council, Incorporated Law Society or a Bar Association.

9. An Advocate should not act or plead in any matter in which he is himself pecuniarily interested.

Illustration.

I. He should not act in a bankruptcy petition when he himself is also a creditor of the bankrupt.

II. He should not accept a brief from a company of which he is a Director.

10. An Advocate shall not stand as a surety, or certify the soundness of a surety for his client required for the purpose of any legal proceedings.

11. An advocate is bound to accept any brief in the Courts or Tribunals or before any other authorities in or before which he proposes to practise at a fee consistent with his standing at the Bar and the nature of the case. Special circumstances may justify his refusal to accept a particular brief.

12. An advocate shall not ordinarily withdraw from engagements, once accepted, without sufficient cause and unless reasonable and sufficient notices is given to the client. Upon his withdrawal from a case, he shall refund such part of the fee as has not been earned.

13. An advocate should not accept a brief or appear in a case in which he has reason to believe that he will be a witness, and if being engaged in a case, it becomes apparent that he is a witness on a material question of fact, he should not continue to appear as an Advocate if he can retire without jeopardising his client's interests.

14. An advocate shall at the commencement of his engagement and during the continuance thereof, make all such full and frank disclosure to his client relating to his connection with the parties and any interest in or about the controversy as are likely to affect his client's judgment in either engaging him or continuing the engagement.

15. It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and honourable means without regard to any unpleasant consequences to himself or any other. He shall defend a person accused of a crime regardless of his personal opinion as to the guilt of the accused, bearing in mind that his loyalty is to the law which requires that no man should be convicted without adequate evidence.

16. An advocate appearing for the prosecution of a criminal trial shall so conduct the prosecution that it does not lead to conviction of the innocent. The suppression of material capable of establishment the innocence of the accused shall be scrupulously avoided.

17. An advocate shall not, directly or indirectly, commit a breach of the obligations imposed by Section 126 of the Indian Evidence Act.

18. An advocate shall not, at any time, be a party to fomenting of litigation.

19. An advocate shall not act on the instructions of any person other than his client or his authorised agent.

20. An advocate shall not stipulate for a fee contingent on the results of litigation or agree to share the proceeds thereof.

21. An advocate shall not buy or traffic in or stipulate for or agree to receive any share or interest in any actionable claim. Nothing in this rule shall apply to stock, shares and debentures of government securities, or to any instruments which are, for the time being, by law or custom, negotiable or to any mercantile document of title to goods.

22. An advocate shall not, directly or indirectly, bid for or purchase, either in his own name or in any other name, for his own benefit or for the benefit of any other person, any property sold in the execution of a decree or order in any suit, appeal or other proceeding in which he was in any way professionally engaged. This prohibition, however, does not prevent an advocate from bidding for or purchasing for his client any property which his client may himself legally bid for or purchase, provided the Advocate is expressly authorised in writing in this behalf.

22-A. An advocate shall not directly or indirectly bid in court auction or acquire by way of sale, gift, exchange or any other mode of transfer either in his own name or in any other name for his own benefit or for the benefit of any other person any property which is subject matter of any suit appeal or other proceedings in which he is in any way professionally engaged29.

23. An advocate shall not adjust fee payable to him by his client against his own personal liability to the client, which liability does not arise in the course of his employment as an advocate.

24. An advocate shall not do anything whereby he abuses or takes advantage of the confidence reposed in him by his client.

25. An advocate should keep accounts of the client's money entrusted to him, and the accounts should show the amounts received from the client or on his behalf, the expenses incurred for him and the debits made on account of fees with respective dates and all other necessary particulars.

26. Where moneys are received from or on account of a client, the entries in the accounts should contain a reference as to whether the amounts have been received for fees or expenses and during the course of the proceeding, no advocates shall, except with the consent in writing of the client concerned, be at liberty to divert any portion of the expenses towards fees.

27. Where any amount is received or given to him on behalf of his client, the fact of such receipt must be intimated to the client, as early as possible.

28. After the termination of the proceeding, the advocate shall be at liberty to appropriate towards the settled fee due to him, any sum remaining unexpended out of the amount paid or sent to him for expenses or any amount that has come into his hands in that proceeding.

29. Where the fee has been left unsettled, the advocate shall be entitled to deduct, out of any moneys of the client remaining in his hands, at the termination of the proceeding for which he had been engaged, the fee payable under the rules of the Court, in force for the time being, or by then settled and the balance, if any, shall be refunded to the client.

30. A copy of the client's account shall be furnished to him on demand provided the necessary copying charge is paid.

31. An advocate shall not enter into arrangements whereby funds in his hands are converted into loans.

32. An advocate shall not lend money to his client for the purpose of any action or legal proceedings in which he is engaged by such client.

Explanation. An advocate shall not be held guilty for a breach of this rule, if in the course of a pending suit or proceeding, and without any arrangement with the client in respect of the same, the advocate feels compelled by reason of the rule of the Court to make a payment to the Court on account of the client for the progress of the suit or proceeding.

33. An advocate who has, at any time, advised in connection with the institution of a suit, appeal or other matter or has drawn pleadings, or acted for a party, shall not act, appear or plead for the opposite party.

34. An advocate shall not in any way communicate or negotiate upon the subject matter of controversy with any party represented by an advocate except through that advocate.

35. An advocate shall do his best to carry out all legitimate promises made to the opposite party even though not reduced to writing or enforceable under the rules of the Court.

36. An advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interviews not warranted by personal relations, furnishing or inspiring newspaper comments or producing his photographs to be published in connection with cases in which he has been engaged or concerned. His sign-board or name-plate should be of a reasonable size. The sign-board or name-plate or stationery should not indicate that he is or has been President or Member of a Bar Council or of any Association or that he has been associated with any person or organisation or with any particular cause or matter or that he specialises in any particular type of worker or that he has been a Judge or an Advocate General.

That this Rule will not stand in the way of advocates furnishing website information as prescribed in the Schedule under intimation to and as approved by the Bar Council of India. Any additional other input in the particulars than approved by the Bar Council of India will be deemed to be violation of Rule 36 and such advocates are liable to be proceeded with misconduct under Section 35 of the Advocates Act, 1961.30

(Name & Signature)

Declaration:

I hereby declare that the information given is true.

(Name & Signature)

37. An advocate shall not permit his professional services or his name to be used in aid of, or to make possible, the unauthorised practice of law by any law agency.

38. An advocate shall not accept a fee less than the fee taxable under rules when the client is able to pay the same.

39. An advocate shall not enter appearance in any case in which there is already a vakalat or memo of appearance filed by an advocate engaged for a party except with his consent; in case such consent is not produced he shall apply to the Court stating reasons why the said consent could not be produced and he shall appear only after obtaining the permission of the Court31.

Section IV-A32

40. Every Advocate borne on the rolls of the State Bar Council shall pay to the State Bar Council a sum of Rs. 300 every third year commencing from 1st August, 2001 along with a statement of particulars as given in the form set out at the end of these Rules, the first payment to be made on or before 1st August, 2001 or such extended time as notified by the Bar Council of India or the concerned State Bar Council.

Provided further however that an advocate shall be at liberty to pay in lieu of the payment of Rs. 60033 every three years a consolidated amount of Rs. 1000. This will be a life time payment to be kept in the fixed deposit by the concerned State Bar Council. Out of life time payment, 80% of the amount will be retained by the State Bar Council in a fixed deposit and remaining 20% has to be transferred to the Bar Council of India. The Bar Council of India and State Bar Council have to keep the same in a fixed deposit and the interest on the said deposits shall alone be utilized for the Welfare of the Advocates 34.

Explanation 1. Statement of particulars as required by Rule 40 in the form set out shall require to be submitted only once in three years.

Explanation 2. The Advocates who are in actual practise and are not drawing salary or not in full time service and not drawing salary from their respective employers are only required to pay the amount referred to in this rule.

Explanation 3. This rule will be effective from 1-10-2006 and for period prior to this, advocates will continue to be covered by old rule.

41. (1) All the sums so collected by the State Bar Council in accordance with Rule 40 shall be credited in a separate fund known as Bar Council of India Advocates Welfare Fund and shall be deposited in the bank as provided hereunder.

(2) The Bar Council of India Advocates Welfare Fund Committee for the State shall remit 20% of the total amount collected and credited to its account, to the Bar Council of India by the end of every month which shall be credited by the Bar Council of India and Bar Council of India shall deposit the said amount in separate fund to be known as Bar Council of India Advocates Welfare Fund.. This fund shall be managed by the Welfare Committee of the Bar Council of India in the manner prescribed from time to time by the Bar Council of India for the Welfare of Advocates.

(3) The rest 80% of the total sum so collected by the Bar Council of India Advocates Welfare Fund Committee for the State under Rule 41(1) shall be utilised for the welfare of advocates in respect of Welfare Schemes sponsored by the respective State Bar Councils and this fund shall be administered by the Advocates Welfare Committee for the State which shall submit its report annually to the Bar Council of India.

(4) In case of transfer of an advocate from one State Bar Council to other State Bar Council, 80% of the total sum collected so far in respect of that advocate by the Bar Council of India Advocates Welfare Committee for the State under Rule 41(1) where the said Advocate was originally enrolled, would get transferred to the Advocates Welfare Fund Committed of the Bar Council of India for the State to which the said Advocate has got himself transferred35.

42. If any advocate fails to pay the aforesaid sum within the prescribed time as provided under Rule 40, the Secretary of the State Bar Council shall issue to him a notice to show cause within a month why his right to practice be not suspended. In case the advocate pays the amount together with late fee of Rs. 5 per month, or a part of a month subject to a maximum of Rs. 30 within the period specified in notice, the proceedings shall be dropped. If the advocate does not pay the amount or fails to show sufficient cause, a Committee of three members constituted by the State Bar Council in this behalf may pass an order suspending the right of the advocate to practise.

Provided that the order of suspension shall cease to be in force when the advocate concerned pays the amount along with a late fee of Rs. 50 and obtain a certificate in this behalf from the State Bar Council.

43. An Advocate who has been convicted of an offence mentioned under Section 24-A of the Advocates Act or has been declared insolvent or has taken full time service or part time service or engages in business or any avocation inconsistent with his practising as an advocate or has incurred any disqualification mentioned in the Advocates Act or the rules made thereunder, shall send a declaration to that effect to the respective State Bar Council in which the advocate is enrolled, within ninety days from the date of such disqualification. If the advocate does not file the said declaration or fails to show sufficient cause for not filing such declaration provided therefor, the Committee constituted by the State Bar Council under Rule 42 may pass orders suspending the right of the advocate to practise.

Provided that it shall be open to the Committee to condone the delay on an application being made in this behalf.

Provided further that an advocate who had after the date of his enrolment and before the coming into force of this rule, become subject to any of the disqualifications mentioned in this rule, shall within a period of ninety days of the coming into force of this rule send declaration referred to in this rule to the respective State Bar Council in which the Advocate is enrolled and on failure to do so by such advocate all the provisions of this rule would apply.

44. An appeal shall lie to the Bar Council of India at the instance of an aggrieved advocate within a period of thirty days from the date of the order passed under Rules, 42 and 43.

44-A. (1) There shall be a Bar Council of India Advocates Welfare Committee, consisting of five members elected from amongst the members of the Council. The term of the members of the committee shall be co-extensive with their term in Bar Council of India.36

(2)(i) Every State Council shall have an Advocates Welfare Committee known as Bar Council of India Advocates Welfare Committee for the State.

(ii) The Committee shall consist of member Bar Council of India from the State concerned who shall be the Ex-Officio Chairman of the Committee and two members elected from amongst the members.

(iii) The Secretary of the State Bar Council concerned will act as Ex-Officio Secretary of the Committee.

(iv) The term of the member, Bar Council of India in the Committee shall be co-extensive with his term in the Bar Council of India.

(v) The term of the members elected from the State Bar Council shall be two years.

(vi) Two members of the Committee will form a quorum of any meeting of the Committee.

(3) Every State Bar Council shall open an account in the name of the Bar Council of India Welfare Committee for the State, in any nationalised Bank,

(4) No amount shall be withdrawn from the Bank unless that cheque is signed by the Chairman of the Welfare Committee and its Secretary.

(5) The State Bar Council shall implement Welfare Schemes approved by the Bar Council of India through Advocates Welfare Committee as constituted under sub-clause (2)(i). The State Bar Councils may suggest suitable modifications in the Welfare Schemes or suggest more schemes, but such modifications or such suggested schemes shall have effect only after approval by the Bar Council of India.

(6) The State Bar Council shall maintain separate account in respect of the Advocate Welfare Fund which shall be audited annually along with other accounts of the State Bar Council and send the same along with Auditors Report to the Bar Council of India:

Provided that the Bar Council of India Advocates Welfare Fund Committee for the State shall be competent to appoint its own staff in addition to the staff of the Bar Council of the State entrusted with duty to maintain the account of the Fund if their funds are adequate to make such appointment. The salary and other conditions of the said staff be determined by the Bar Council of India Advocates Welfare Fund Committee for the State.37

Provided further that Chairman of the Bar Council of India Advocates Welfare Fund Committee for the State shall be competent to make temporary appointment for a period not exceeding six months in one transaction if the situation so requires subject to availability of fund in the said Committee for making such appointment.

44-B. The Bar Council of India shall utilise the funds received under Rule 41(2) in accordance with the schemes which may be framed from time to time.

FORM UNDER RULE 40

Bar Council of .

..

Dear Sirs,

(1) I am enclosing herewith a Postal Order/Bank Draft/Cash for being the payment under Rule 40. Chapter II, Part VI of the Rules of the Bar Council of India.

(2) I am enrolled as an Advocate on the Rolls of your State Bar Council.

(3) I am ordinarily practising at in the territory/State of

(4) I am a member of the .. Bar Association/not a member of any Bar Association.

(5) My present address is .

Enrolment No ..

Received a sum of Rs. from . towards payment under Rule 40, Chapter II, Part VI of the Rules of the Bar Council of India by way of Postal Order/Bank Draft/Cash on .

45. It is improper for an advocate to demand or accept fees or any premium from any person as a consideration for imparting training in law under the rules prescribed by State Bar Council to enable such person to qualify for enrolment under the Advocates Act, 1961.

46. Every advocate shall in the practice of the profession of law bear in mind that any one genuinely in need of a lawyer is entitled to legal assistance even though he cannot pay for it fully or adequately and that within the limits of an Advocate's economic condition, free legal assistance to the indigent and oppressed is one of the highest obligations an advocate owes to society.

47. An advocate shall not personally engage in any business; but he may be a sleeping partner in a firm doing business provided that in the opinion of the appropriate State Bar Council, the nature of the business is not inconsistent with the dignity of the profession.

48. An advocate may be Director or Chairman of the Board of Directors of a Company with or without any ordinarily sitting fee, provided none of his duties are of an executive character. An advocate shall not be a Managing Director or a Secretary of any Company.

49. An advocate shall not be a full-time salaried employee of any person, government, firm, corporation or concern, so long as he continues to practise, and shall, on taking up any such employment, intimate the fact to the Bar Council on whose roll his name appears and shall thereupon cease to practise as an advocate so long as he continues in such employment.

38 That as Supreme Court has struck down the appearance by Law Officers in Court even on behalf of their employers the Judgment will operate in the case of all Law Officers. Even if they were allowed to appear on behalf of their employers all such Law Officers who are till now appearing on behalf of their employers shall not be allowed to appear as advocates. The State Bar Council should also ensure that those Law Officers who have been allowed to practice on behalf of their employers will cease to practice. It is made clear that those Law Officers who after joining services obtained enrolment by reason of the enabling provision cannot practice even on behalf their employers.

39 That the Bar Council of India is of the view that if the said officer is a whole time employee drawing regular salary, he will not be entitled to be enrolled as an advocate. If the terms of employment show that he is not in full time employment he can be enrolled.

50. An advocate who has inherited, or succeeded by survivorship to a family business may continue it, but may not personally participate in the management thereof. He may continue to hold a share with others in any business which has decended to him by survivorship or inheritance or by will, provided he does not personally participate in the management thereof.

51. An advocate may review Parliamentary Bills for a remuneration, edit legal text books at a salary, do press-vetting for newspapers, coach pupils for legal examination, set and examine question papers; and subject to the rules against advertising and full-time employment, engage in broadcasting, journalism, lecturing and teaching subjects, both legal and non-legal.

52. Nothing in these rules shall prevent an advocate from accepting after obtaining the consent of the State Bar Council, part-time employment provided that in the opinion of the State Bar Council, the nature of the employment does not conflict with his professional work and is not inconsistent with the dignity of the profession. This rule shall be subject to such directives if any as may be issued by the Bar Council India from time to time.

40(CONDITIONS FOR RIGHT TO PRACTICE)

[Rules under Section 49(1)(ah) of the Act]

1. Every advocate shall be under an obligation to see that his name appears on the roll of the State Council within whose jurisdiction he ordinarily practices.

Provided that if an advocate does not apply for transfer of his name to the roll of the State Bar Council within whose jurisdiction he is ordinarily practising within six months of the start of such practice, it shall be deemed that he is guilty of professional misconduct within the meaning of Section 35 of the Advocates Act.

2. An advocate shall not enter into a partnership or any other arrangement for sharing remuneration with any person or legal practitioner who is not an advocate.

3. Every advocate shall keep informed the Bar Council on the roll of which his name stands, of every change of his address.

4. The Council or a State Council can call upon an advocate to furnish the name of the State Council on the roll of which his name is entered, and call for other particulars.

5. (1) An advocate who voluntarily suspends his practice for any reason whatsoever, shall intimate by registered post to the State Bar Council on the rolls of which his name is entered, of such suspensions together with his certificate of enrolment in original.

(2) Whenever any such advocate who has suspended his practice desires to resume his practice, he shall apply to the Secretary of the State Bar Council for resumption of practice, along with an affidavit stating whether he has incurred any of the disqualifications under Section 24-A, Chapter III of the Act during the period of suspension.

(3) The Enrolment Committee of the State Bar Council may order the resumption of his practice and return the certificate to him with necessary endorsement. If the Enrolment Committee is of the view that the advocate has incurred any of the disqualifications, the Committee shall refer the matter under proviso to Section 26(1) of the Act.

(4) On suspension and resumption of practice the Secretary shall act in terms of Rule 24 of Part IX.

6. (1) An advocate whose name has been removed by order of the Supreme Court or a High Court or the Bar Council as the case may be, shall not be entitled to practice the profession of law either before the Court and authorities mentioned under Section 30 of the Act, or in chambers or otherwise.

(2) An advocate who is under suspension, shall be under same disability during the period of such suspension as an advocate whose name has been removed from the roll.

41[7. An officer after his retirement or otherwise ceasing to be in service for any reasons, if enrolled as an Advocate shall not practice in any of the Judicial, administrative Courts/Tribunals/authorities which are presided over by an officer equivalent or lower to the post which such officer last held.

Explanation. An officer shall include Judicial Officer, Officer from State or central services and Presiding Officers or Members of the Tribunals or Authorities or such officers as referred under Section 30(ii) of the Advocates Act, 1961.]

427-A. Any person applying for enrolment as an Advocate shall not be enrolled, if he is dismissed, retrenched, compulsorily retired, removed or otherwise relived from Government service or from the service under the control of the Hon'ble High Courts or the Hon'ble Supreme Court on the charges or corruption or dishonesty unbecoming of an employee and a person having such disqualification is permanently debarred from enrolling himself as an advocate.43

8. No advocate shall be entitled to practice if in the opinion of the Council he is suffering from such contagious disease as makes the practice of law a hazard to the health of others. This disqualification shall last for such period as the Council directs from time to time.

9. No advocate enrolled under Section 24 of the Advocates Act, 1961 shall be entitled to practice under Chapter IV of the Advocates Act, 1961, unless such advocate successfully passes the All India Bar Examination conducted by the Bar Council of India.

It is clarified that the Bar Examination shall be mandatory for all law students graduating from Academic Year 2009-2010 onwards and enrolled as advocates under Section 24 of the Advocates Act, 1961.

10. The All India Bar Examination. (1) The All India Bar Examination shall be conducted by the Bar Council of India.

(a) The Bar Examination shall be held at least twice each year in such month and such places that the Bar Council of India may determine from time to time.

(b) The Bar Examination shall test advocates in such substantive and procedural law areas as the Bar Council of India may determine from time to time.

(c) Such substantive/procedural law areas and syllabi shall be published by the Bar Council of India at least three months prior to the scheduled date of examination.

(d) The percentage of marks required to pass the Bar Examination shall be determined by the Bar Council of India.

(e) An unsuccessful advocate may appear again for the Bar Examination, without any limit on the number of appearances.

(f) The Bar Council of India, through a committee of experts, shall determine the syllabi, recommended readings, appointment of paper setters, moderators, evaluators, model answers, examination hall rules and other related matters.

(g) The Bar Council of India shall determine the manner and format of application for the examination.

(h) Upon successfully passing the Bar Examination, the advocate shall be entitled to a Certificate of Practice.

11. Application for Certificate of Practice. (1) The Certificate of Practice 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.

(2) The Certificate of Practice shall be issued by the Bar Council of India under the signature of the Chairman, Bar Council of India.

44[Chapter-III-A

TO ADDRESS THE COURT

Consistent with the obligation of the Bar to show a respectful attitude towards the Court and bearing in mind the dignity of Judicial Office, the form of address to be adopted whether in the Supreme Court, High Courts or Subordinate Courts should be as follows:

Your Honour or Hon'ble Court in Supreme Court & High Courts and in the Subordinate Courts and Tribunals it is open to the Lawyers to address the Court as Sir or the equivalent word in respective regional languages.

Explanation. As the words My Lord and Your Lordship are relics of Colonial post, it is proposed to incorporate the above rule showing respectful attitude to the Court.]

45[Chapter IV

FORM OF DRESSES OR ROBES TO BE WORN BYADVOCATES46

[Rules under Section 49(1)(gg) of the Act]

Advocates appearing in the Supreme Court, High Courts, Subordinate Courts, Tribunals or Authorities shall wear the following as part of their dress, which shall be sober and dignified47.

I. ADVOCATES

(a) A black buttoned up coat, chapkan, achkan, black sherwani and white bands with Advocates' Gowns.

(b) A black open breast coat. white shirt, white collar, stiff or soft, and white bands with Advocates' Gowns.

In either case wear long trousers (white, black striped or grey) Dhoti excluding jeans.

Provided further that in courts other than the Supreme Court, High Courts, District Courts, Sessions Courts or City Civil Courts, a black tie may be worn instead of bands.

II. LADY ADVOCATES

(a) Black full sleeve jacket or blouse, white collar stiff or soft, with white bands and Advocates' Gowns.

White blouse, with or without collar, with white bands and with a black open breast coat.

Or

(b) Sarees or long skirts (white or black or any mellow or subdued colour without any print or design) or flare (white, black or black stripped or grey) or Punjabi dress Churidar Kurta or Salwar-Kurta with or without dupatta (white or black) or traditional dress with black coat and bands.

III. Wearing of Advocates' gown shall be optional except when appearing in the Supreme Court or in High Courts.

IV. Except in Supreme Court and High Courts during summer wearing of black coat is not mandatory.]

In the change brought about in the Dress Rules, there appears to be some confusion in so far as the Sub Courts are concerned. For removal of any doubt it is clarified that so far as the courts other than Supreme Court and High Court are concerned during summer while wearing black coat is not mandatory, the advocates may appear in white shirt with black, white striped or gray pant with black tie or band and collar.48

COMPLAINTS AGAINST ADVOCATES AND PROCEDURE TO BE FOLLOWED BY DISCIPLINARY COMMITTEES OF THE STATE BAR COUNCIL AND THE BAR COUNCIL OF INDIA

[Rules under Section 49(1)(f) of the Act]

1. (1) A complaint against an advocate shall be in the form of a petition duly signed and verified as required under the Code of Civil Procedure. The complaint could be filed in English or in Hindi or in regional language where the language has been declared to be a State language and in case the complaint is in Hindi or in any other regional language, the State Bar Council shall translate the complaint in English whenever a disciplinary matter is sent to the Bar Council of India under the Advocates Act.

Every complaint shall be accompanied by the fees as prescribed in the rules framed under Section 49(h) of the Act.

(2) The Secretary of the Bar Council may require the complainant to pay the prescribed fees if not paid, to remove any defects and call for such particulars or copies of the complaint or other documents as may be considered necessary.

(3) On a complaint being found to be in order, it shall be registered and placed before the Bar Council for such order as it may deem fit to pass.

(4) No matter taken up by the State Bar Council suo motu or arising on a complaint made under Section 35 of the Act shall be dropped solely by reason of its having been withdrawn, settled or otherwise compromised, or that the complainant does not want to proceed with the enquiry.

2. Before referring a complaint under Section 35(1) of the Act to one of its Disciplinary Committees to be specified by it, the Bar Council may require a complainant to furnish within a time to be fixed by it, further and better particulars and may also call for the comments from the advocate complained against.

3. (1) After a complaint has been referred to a Disciplinary Committee by the Bar Council, the Registrar shall expeditiously send a notice to the advocate concerned requiring him to show cause within a specified date on the complaint made against him and to submit the statement of defence, documents and affidavits in support of such defence and further informing him that in case of his nonappearance on the date of hearing fixed, the matter shall be heard and determined in his absence.

Explanation. Appearance includes, unless otherwise directed, appearance by an advocate or through duly authorised representative.

(2) If the Disciplinary Committee requires or permits, a complainant may file a replication within such time as may be fixed by the Committee.

4. The Chairman of the Disciplinary Committee shall fix the date, hour and place of the enquiry which shall not ordinarily be later than thirty days from the receipt of the reference. The Registrar shall give notice of such date, hour and place to the complainant or other person aggrieved, the advocate concerned and the Attorney General or the Additional Solicitor General of India or the Advocate General as the case may be, and shall also serve on them copies of the complaint and such other documents mentioned in Rule 24 of this Chapter as the Chairman of the Committee may direct at least ten days before the date fixed for the enquiry.

5. (1) The notices referred to in this Chapter shall subject to necessary modification, be in Form Nos. E-1 and E-2 be sent to the advocates appearing for the parties. Notice to a party not appearing by the advocate shall be sent to the address as furnished in the complaint or in the grounds of appeal. The cost of the notices shall be borne by the complainant unless the Disciplinary Committee otherwise directs.49

(2) The notices may be sent ordinarily through messenger or by registered post acknowledgement due and served on the advocate or the party concerned or his agent or other person as provided for in Order V of the Civil Procedure Code.

(3) Notice may also, if so directed by the Committee be sent for service through any Civil Court as provided for under Section 42(3) of the Advocates Act.

(4) Where the notice sent to any party cannot be served as aforesaid it may be served by affixing a copy thereof in some conspicuous place in the office of the Bar Council, and also upon some conspicuous part of the house (if any) in which the party concerned is known to have last resided or had his office, or in such other manner as the Committee thinks fit. Such service shall be deemed to be sufficient service.

(5) Payment of bills and/or charges for summons to witness etc. shall be in accordance with the rules under Section 49(h) of the Act.

6. (1) The parties can appear in person or by an advocate who should file a vakalatnama giving the name of the Bar Council in which he is enrolled, his residential address, telephone number if any, and his address for service of notices. A Senior Advocate is entitled to appear with another advocate who has filed a vakalatnama.

(2) The Bar Council or its Disciplinary Committee may at any stage of a proceeding appoint an advocate to appear as Amicus Curiae. Such advocate may be paid such fee as the Council or the Committee may decide.

(3) Excepting when the Committee has otherwise directed, service on the advocate shall be deemed to be sufficient service on the parties concerned, even if copies of the notices are in addition sent to the parties, whether the parties have or have not been served.

(4) Unless otherwise indicated, where more than one Advocate appears for the same party, it is sufficient to serve the notice on any of them.

7. (1) If in an enquiry on a complaint received, either the complainant or the respondent does not appear before the Disciplinary Committee in spite of service of notice, the Committee may proceed ex-parte or direct fresh notice to be served.

(2) Any such order for proceeding ex-parte may be set aside on sufficient cause being shown, when an application is made supported by an affidavit, within 60 days of the passing of the ex-parte order.

Explanation. The provisions of Section 5 of the Limitation Act, 1963 shall apply to this sub-rule.

8. (1) The Disciplinary Committee shall hear the Attorney General or the Additional Solicitor General of India or the Advocate General, as the case may be or their advocate and parties or their advocates, if they desire to be heard and determine the matter on documents and affidavits unless it is of the opinion that it should be in the interest of justice to permit cross examination of the deponents or to take oral evidence, in which case the procedure for the trial of civil suits shall as far as possible be followed.

(2) On every document admitted in evidence, the following endorsement shall be made which shall be signed by the Chairman or any member of the Committee:

The Disciplinary Committee of Bar Council of ..Exhibit No . Date of Document Produced by Date Signature of ..

(3) The exhibits shall be marked as follows:

(a) Those of the complainant as C1, C2, etc.

(b) Those of Respondent as R1, R2, etc.

(c) Those of Disciplinary Committee as D1, D2, etc.

(4) The Disciplinary Committee may at any stage direct the parties or their advocates to furnish such further and better particulars as it considers necessary.

9. (1) Evidence given before the Disciplinary Committee shall be recorded preferably in English by any member of the Committee or any other person authorised by the Committee. The evidence so recorded shall be signed by the Chairman or if the Chairman is not there when the evidence is recorded by any member of the Committee.

(2) Whenever the record of a case decided by the State Bar Council or its Disciplinary Committee in which evidence has been recorded in a language other than English is required to be sent to the Bar Council of India or its Disciplinary Committee, a translation thereof in English made by a person nominated by Committee or Registrar certifying the same to be true copy shall also be sent.

10. (1) Every Disciplinary Committee shall make a record of its day to day proceedings.

(2) The Registrar of the Disciplinary Committee shall maintain a case diary setting out shortly in order of date, all relevant information concerning the date of filing, the date for hearing and despatch and service of the notices on the parties or the Advocates or the Attorney General or the Additional Solicitor General or the Advocate General as the case may be, of statements or petitions filed and/or of the order thereon and of other proceedings in the matter before the Committee.

11. (1) If in any enquiry pending before the Disciplinary Committee, the complainant dies and there is no representative who is willing to conduct the case on his behalf, the Disciplinary Committee may, having regard to the allegations made in the complaint and the evidence available, make a suitable order either to proceed with the enquiry or to drop it.

(2)(a) In the case of an enquiry against only one advocate, on his death the Disciplinary Committee shall record the fact of such death and drop the proceedings.

(b) Where the enquiry is against more than one advocate, on the death of one of them, the Disciplinary Committee may continue the enquiry against the other advocate unless it decides otherwise.

(3) No Disciplinary enquiry shall be dropped solely by reason of its having been withdrawn, settled or otherwise compromised, or that the complainant does not want to proceed with the enquiry.

12. Unless otherwise permitted, counsel appearing before any of the Disciplinary Committees of the State Bar Council or Bar Council of India shall appear in court dress.

13. The Council may from time to time issue instructions on any of the matter provided for in these rules.

14. (1) The finding of the majority of the members of the Disciplinary Committee shall be the finding of the Committee. The reason given in support of the finding may be given in the form of a judgment, and in the case a difference of opinion, any member dissenting shall be entitled to record his dissent giving his own reason. It shall be competent for the Disciplinary Committee to award such costs as it thinks fit.

(2) The Registrar of the Disciplinary Committee shall send free of charge to each of the parties in the proceedings, a certified copy of the final order or judgment as set out in Rule 36 in this Chapter.

(3) The date of an Order made by the Disciplinary Committee shall be the date on which the said Order is first received in the office of the Bar Council after it has been signed by all the members thereof. For the purpose of limitation the date of the Order shall be the date on which the contents of the Order duly signed as aforesaid are communicated to the parties affected thereby.

15. Save as otherwise directed by the Disciplinary Committee or the Chairman thereof, certified copies of the records of a case pending before the Disciplinary Committee may be granted to the parties or to their counsel on an application made in that behalf and on payment of the prescribed fee.

16. (1) The Secretary of a State Bar Council shall send to the Secretary of the Bar Council of India quarterly statements of the complaints received and the stage of the proceedings before the State Bar Council and Disciplinary Committees in such manner as may be specified from time to time.

(2) The Secretary of the Bar Council of India may however call for such further statements and particulars as he considers necessary.

17. (1) The Secretary of every State Bar Council shall furnish such particulars and send such statements as may be considered necessary by the Secretary of the Bar Council of India for purposes of Section 36-B of the Act and send all the records of proceedings that stand transferred under the said Section.

(2) The date of receipt of the complaint or the date of the initiation of the proceedings at the instance of the State Bar Council shall be the date on which the State Bar Council refers the case for disposal to its Disciplinary Committee under Section 35(1)50.

(3) Whenever the records of proceedings are transferred under Section 36B of the Act to the Council, the requirements in Rule 9(2) of this Chapter shall be followed by the Disciplinary Committee of the State Bar Council.

18. (1) Where a State Bar Council makes a report referred to in Section 36(2) of the Act, the Secretary of the State Bar Council shall send to the Secretary of the Bar Council of India all the records of the proceedings along with the report.

(2) An application by a person interested in the withdrawal of a proceeding referred to in Section 36(2) of the Act shall be signed by him and it shall set out the necessary facts supported by an affidavit and accompanied by the fee prescribed.

(3) For making an order on an application of a party or otherwise under Section 36(2) of the Act, the Disciplinary Committee of the Bar Council of India may:

(a) call for a report of the Disciplinary Committee seized of the proceedings;

(b) issue notice to the respondent;

(c) require the parties to file such statements as it considers necessary;

(d) call for the records of the proceedings; and

(e) examine any witnesses.

(4) In the proceedings before the Disciplinary Committee of Bar Council of the India under Section 36, unless otherwise directed, the parties may appear in person or by advocate who shall file a vakalatnama as provided for under Rule 6(1) in this Chapter.

(5) On a consideration of the report of a State Bar Council or otherwise the Disciplinary Committee of the Bar Council of India shall pass such orders as it considers proper.

19. (1) An appeal to the Council provided for under Section 37 of the Act, shall be in the form of a memorandum in writing as set out in Rule 21 in this Chapter. If the appeal is in a language other than English, it shall be accompanied by a translation thereof in English.

(2) In every appeal filed under Section 37(1) of the Act, all persons who were parties to the original proceedings shall alone be impleaded as parties.

(3) Save as otherwise directed by the Disciplinary Committee of the Council, in an appeal by the advocate against an order under Section 35, in case of death of the complainant the legal representatives of the complainant shall be made parties.

20. (1) An appeal may be presented by the appellant or his advocate or by his recognised agent in the office of the Bar Council of India or sent by registered post with acknowledgement due so as to reach the Secretary, Bar Council of India on or before the last day of limitation.

(2) Any appeal may be admitted after the period of limitation if the appellant satisfies the Disciplinary Committee that he has sufficient cause for not preferring the appeal within such period. Any such application for condonation of delay shall be supported by an affidavit.

21. (1) The memorandum of appeal referred to in Rule 19(1) of this Chapter shall contain necessary particulars as in Form G. The memorandum of appeal shall state when the order was communicated to the appellant and how it is in time.

(2) Along with the memorandum of appeal, the appellant shall file:

(a) either the authenticated or the certified copy of the order appealed against, signed by the Registrar of the Disciplinary Committee, and

(b) five additional copies of the memorandum of appeal and of the order appealed against, if there is only one Respondent; if there is more than one Respondent, such number of additional copies as may be necessary. All copies shall be certified as true copies by the appellant or by his counsel.

(3) Every memorandum of appeal shall be accompanied by the prescribed fees in cash. In case the memo is sent by post, it shall be accompanied by the M.O. Receipt issued by the Post Office.

(4) If the papers filed in an appeal are not in order, the Registrar shall require the appellant to remove such defects within a specified time.

22. (1) Subject to the provisions contained in Rule 29(2) in this chapter, the Chairman of the Executive Committee or in his absence the Vice-Chairman of the Executive Committee or such other member authorised in this behalf by the Council shall have the power to allocate matters relating to the Disciplinary Committee, save when any such case has been allotted by the Council to any particular Disciplinary Committee.51

(2) Any matter allotted to a particular Disciplinary Committee which has not been heard may be reallocated to a different Disciplinary Committee.

(3) Notwithstanding the provisions of Rule 30 in this Part, the Chairman of any Disciplinary Committee shall have powers to issue interim orders on urgent matters which may be placed before him by the Registrar.

23. Subject to any resolution of the Bar Council of India in this behalf relating to the places of hearing, the Chairman of the Disciplinary Committee concerned shall fix the date, hour and place for the hearing of the appeal.

24. (1) The appellant shall be required to file six typed sets of the following papers properly paged and indexed if there is only one Respondent and as many more sets as there may be additional respondents for the use of the Disciplinary Committee and by the other parties and for the record:

(a) the complaint, statement in the defence of the advocate,

(b) the evidence oral and documentary and such other papers on which parties intend to rely.

(c) any other part of the record as may be directed by the Committee.

Where any of the above papers is in a language other than English, English translations thereof shall be filed.

(2) The Respondent shall, if he so desires, or if so called upon, file six sets of typed papers of any part of the record on which he intends to rely. He shall also file English translations of such papers as are not in English.

25. The Registrar shall give notices to the parties or their advocates or their recognised agents informing them of the date, time and place of the hearing of the appeal.

A copy of the memorandum of appeal shall be sent to the respondent along with the notice of the appeal.

26. (1) No appeal filed under Section 37 of the Act against an order of punishment of an advocate shall be permitted to be withdrawn on account of settlement or compromise or adjustment of the claim against the advocate.

(2) Every appeal filed under Section 37 of the Act by or against an advocate shall abate on the death of the advocate so far as he is concerned.

27. In regard to appearance of a party in the appeal, Rule 6 of this chapter will apply.

28. (1) The Registrar shall issue notice to the State Council concerned for the complete records to be sent to the Council.

(2) The Registrar of the State Council concerned shall send along with the records a list containing particulars under the following columns and comply with such other directions as may be issued.

29. (1) An application for stay made under Section 40, sub-section (1) or (2) of the Act shall be accompanied by an affidavit and the fees, if any prescribed by the rules of the Council made under Section 49(1)(h) of the Act. Where the affidavit is not in English, a translation thereof in English shall be filed. The applicant shall file with his application at least five copies of the application, and the affidavit and as many additional copies thereof as there are respondents. Where the application is not in English five copies with translation thereof in English shall also be filed.

In every application for stay made to the Council, the applicant shall state if any application has been made to the State Council and the orders thereon.

(2) Before a matter is allotted to a Disciplinary Committee under Rule 22 above, the Registrar may obtain orders on applications for interim stay or other urgent applications from the Chairman of any of the Disciplinary Committees.

The orders passed under this sub-rule shall be communicated to the parties and to the Secretary of the Bar Council concerned.

30. After allotment of a case under Rule 22 in this Chapter to a Disciplinary Committee, the Registrar may obtain its orders on any matter of an emergent nature arising therein, by circulation.

30-A. The Disciplinary Committee of the Bar Council of India shall exercise all the powers exercised by the Civil Court or Court of Appeal under C.P.C.52

31. The order of the Disciplinary Committee disposing of an appeal shall be communicated to the parties. The date of an order made by the Disciplinary Committee shall be the date on which the said order is first received in the office of the Council after it has been signed by all the members thereof.

32. The Rules in this Chapter so far as may be, shall apply to all proceedings of the Disciplinary Committee of State Bar Councils or of the Bar Council of India.

33. All the proceedings before the Disciplinary Committee shall be held in camera.

34. (1) Save as otherwise directed by the Disciplinary Committee or the Chairman thereof, inspection of any of the records in any proceeding before the Disciplinary Committee may be permitted to the parties or their advocates on presentation of an application duly signed by the applicant or his advocate and on payment of the prescribed fee on any working day except during the summer or other vacations of the Supreme Court.

(2) An application for inspection shall be made to the Registrar of the Disciplinary Committee. The Registrar of the Disciplinary Committee 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 record of which inspection is granted. He shall, however, be permitted to make short notes in pencil.

(3) Save as otherwise directed by the Disciplinary Committee or the Chairman thereof, certified copies of the records of a case pending before the Disciplinary Committee may be granted to the parties or to their counsel on an application made in that behalf and on payment of the prescribed fee.

(4) A copy of a final judgment in a decided case may be given to any person applying for the same on payment of the prescribed fee therefor, provided however that the name of the advocate against whom the proceedings were taken shall be omitted.

35. (1) All orders where costs are awarded in disciplinary proceedings shall specify the amount of costs awarded and also state the party against whom the order is made and the time within the amount is payable.

(2) As soon as possible after the order is made by the Disciplinary Committee, in respect of every order where costs are awarded to any of the parties, a decretal order shall be drawn up as in Form J-1/J-2 at the end of this Chapter signed by the Secretary of the State Bar Council or the Council as the case may be, as Registrar of the Disciplinary Committee and bearing the seal of the State Bar Council or the Council as the case may be.

(3) The Decretal Order aforesaid shall be furnished to any party to the proceeding on application made therefor, and on payment of the charges prescribed under the rules.

36. The Secretary of the State Bar Council or the Bar Council of India as the case may be, shall send to each of the parties in the proceedings, a certified copy of the final order made under Sections 35, 36, 36-B or 37, signed by him as Registrar of the Disciplinary Committee and bearing the seal of the State Bar Council/Bar Council of India as the case may be. No charges shall be payable on the copies so sent. Charges as prescribed under the rules shall however be payable for all additional copies of the said order applied for.

(Under Rule 5 in Chapter I, Part VII)

BEFORE THE DISCIPLINARY COMMITTEE OF THE BAR

Council of ..

D.C. Enquiry No.

Whereas a complaint dated against respondent/s, a copy of which is sent herewith has been referred for disposal to the above Committee of the Bar Council .under Section 35/36 of the Advocates Act, 1961 and the Disciplinary Committee has fixed . (time) on (date) for the hearings of the case at . (place) in accordance with the procedure prescribed under the relevant rules of the Council.

The Respondent may submit his statement of defence together with any documents or affidavits in support of his defence within .. days from the date of this notice. The respondent shall send one copy of his statement of defence to the complainant and one copy to the Advocate-General direct under registered A.D. cover. The complainant may be entitled to file a reply to the statement of defence together with such documents on which he proposes to rely in support thereof within . days.

The parties above-named are required to appear in person or through advocate before the said Committee on the said date, time and place or any other date or dates and place to which the matter may be adjourned. It shall be open to the parties to examine the witnesses that may be permitted before the Disciplinary Committee.

If, on any date of hearing any party is absent, the hearing will proceed ex-parte against him.

.. is required to file . copies of . to the Registrar, Disciplinary Committee, Bar Council of . on or before

Dated this the day of the month .. By Order

Registrar

Disciplinary Committee

Bar Council of ..

The Disciplinary Committee of the Bar Council of India

(Notice of hearing under Rule 5 in Chapter I, Part VII of the Rules of the Bar Council of India)

(Subject to necessary modifications)

In the Matter of

No. on the file of the Disciplinary Committee of the Bar Council of

(B.C.I. Tr. Case No.)

Complainant (s)

.Respondent (s)

Whereas the proceedings between the parties above referred to before the Disciplinary Committee of the Bar Council of .stand transferred to the Bar Council of India under Section

36-B of the Advocates Act, 1961 and the records in the same have been received by the Bar Council of India for disposal by the Disciplinary Committee of the Bar Council of India as provided for in the said Section 36-B read with Section 36-A and the other provisions of the Act and the Rules of the Bar Council of India in this behalf.

The parties in the above proceedings will take notice that the hearing in the same has been fixed:

At (place)

For (dates and time)

The Disciplinary Committee will continue the proceedings from the stage at which it was so left by the Disciplinary Committee of the Bar Council of and will hear arguments on the evidence, oral and documentary already on record.

The parties are required to be ready with all their evidence oral and documentary and for arguments.

The parties above named are required to appear in person or through Advocate or through duly authorised agents before the said Committee on the said date, time and place or any other date or dates and place to which the matter may be adjourned.

In view of the pendency of these proceedings for a long time and its automatic transfer to the Bar Council of India under Section 36-B of the Advocates Act, the hearing will be peremptory and no adjournment may be granted.

If the parties fail to appear in person or by advocate or to comply with the other requirements of this notice, the Committee will proceed ex-parte or make such other orders as it may deem fit.

The parties engaging any counsel may send their Vakalatnama duly signed by the counsel giving the address of the Advocate for the purpose of future communication.

Please note that notice of the hearing sent to the Advocate will be sufficient notice to the party even if a copy of the notice is sent to any of the parties.

Registrar,

Disciplinary Committee of

the Bar Council of India

Copy to:

The Attorney General of India,

New Delhi.

(Under Rule 4 in Chapter I, Part VII)

(Subject to necessary modifications)

From:

The Secretary

Bar Council of ..

To

The Attorney General/

Additional Solicitor General of India/Advocate General

..

Sir,

Please find enclosed copy of a notice dated . issued under Section 35(2)/36(3) of the Advocates Act, 1961 for the hearing of a case before the Disciplinary Committee of the Bar Council of ..

Registrar,

Disciplinary Committee

Bar Council

Date:

Place:

(Under Rule 21 in Chapter I, Part VII of the Rules of the Bar Council of India)

(Subject to necessary modifications)

BEFORE THE DISCIPLINARY COMMITTEE OF THE BARCOUNCIL OF INDIA

Under Section 37 of the Advocates Act, 1961

D.C. APPEAL No./

..Appellant

.Respondent

1. (a) Appellant .. son of

(residing at)

Age (to be filled in) ..

(To be filled up if the vakalatnama is filed by the advocate)

The appellant appears by Advocate Shri ..Roll No .. enrolled in the Bar Council of The Address for the service of Appellant is that of his advocate .

(b) Respondent(s) (I)

S/o .

residing at

2. The appellant files this appeal against the Order dated . in case No. of the Disciplinary Committee of the Bar Council of .

3. The complaint against the advocate, who is the Appellant/Respondent in this appeal was filed on in the Bar Council of ..

The Bar Council referred the complaint for enquiry to its Disciplinary Committee on .. The Disciplinary Committee of the Bar Council to which the matter was referred has dismissed the complaint/made an Order for punishment against the advocate, reprimanding him/suspending him/removing his name.

4. The Committee has passed no order for costs/also passed an order for costs of Rs. .. payable by . to .

5. The order of the Disciplinary Committee will come into operation w.e.f. .

6. The appellant has made no application to the Disciplinary Committee of the State Bar Council of .. The appellant has made an application before the Disciplinary Committee of the State Bar Council of . on .. which has made an order for stay up to ../which has dismissed the application for stay.

7. Six copies of the order of the Disciplinary Committee of the State Bar Council and the Stay Application are filed with this appeal.

The order of the Disciplinary Committee of the Bar Council of .. was received/communicated to the applicant on .

The appeal is in time/not in time.

The appeal is filed after the period of limitation and application for condonation of delay supported by an affidavit is filed herewith.

The appellant has paid Rs. . fee for the appeal on .in cash/is paying Rs.

The appellant files this appeal for the following amongst other grounds:

123etc.

Appellant/Advocate for

Appellant.

Place:

Date:

(Under Rule 25 in Chapter I, Part VII)

(Subject to necessary modifications)

BEFORE THE DISCIPLINARY COMMITTEE ( ) OF THE BAR COUNCIL OF INDIA

D.C. Appeal No.

against

Order of the Disciplinary Committee of Bar Council of ..Dated in Case/Complaint No. In the matter of Shri . Advocate ..

Appellant(s)

Whereas an appeal has been filed by the appellant above named against the order of the Disciplinary Committee of the State Bar Council of .. in Case/Complaint No. .. dated

The parties to the appeal will please take notice that the hearing of the above appeal before the said Committee has been fixed for . the . at (Place) .. at

If any of the parties to the appeal fail to appear in person or through advocate on the date of the hearing or any date on which it may be adjourned, the matter will be proceeded with ex-parte.

Please also take notice that stay of the operation of the order filed against has been granted by order of the Disciplinary Committee dated .

New Delhi

.

Dated:

Registrar,

Disciplinary Committee

Bar Council of India

Note: One copy of the grounds of appeal is sent to each of the respondents.

(Under Rule 29, Chapter I, Part VII)

(Subject to necessary modifications)

DISCIPLINARY COMMITTEE ( ..) OF THE COUNCIL OF INDIA

.(Chairman)

..

Miscellaneous Petition No. .. (Stay)

IN

D.C. Appeal No. .Appellant(s)

.Respondent(s)

Dated the ..

Petition for stay and suspension of the operation of order of the Disciplinary Committee of the Bar Council of .. in Case/Complaint No . dated . suspending the petitioner from practice under Section 35(3) of the Advocates Act, 1961 for a period of pending the disposal of the appeal filed against the said Order.

ORDER

The operation of the order of the Disciplinary Committee of the Bar Council of dated . in Case/Complaint No. is stayed.

By Order

Registrar,

Disciplinary Committee of

the Bar Council of India

(Under Rule 35(2) Chapter I, Part VII)

BEFORE THE DISCIPLINARY COMMITTEE OF THE BAR COUNCIL OF .ORIGINAL JURISDICTION

(To be added in matter before the Bar Council of India)

Complaint/Case No

(On a complaint made by Shri (address) Complainant(s)

(Name & address)

(Date)

Present:

Shri. . (Chairman)

Shri. . (Member)

Shri. . (Member)

For the Complainant: Shri , Advocate in/person

For the Respondent: Shri .., Advocate in/person

The Case above mentioned being called on for hearing before the Disciplinary Committee of the Bar Council of . on the .. day of , Upon hearing Advocate for the Complainant/the Complainant in person and Advocate for the Respondent (Respondent in person)/Respondent not appearing either in person or through Counsel though served; the Disciplinary Committee of the Bar Council of .determining (state the gist of the punishment) Doth Order:

That the Complaint/Case be and the same is hereby dismissed/allowed.

That there shall be no order as to costs;

That the Complainant/Respondent do pay to the Respondent/Complainant herein the sum of Rs .. (Rupees (in words) being the costs incurred in the Bar Council of .. within . month from the date of this order;

That this order be punctually observed and carried into execution by all concerned;

Witness Shri . Chairman of the Disciplinary Committee of the Bar Council of at .. this the . day of ..

Registrar,

Disciplinary Committee of

the Bar Council of

[Under Rule 35(2) in Chapter I, Part VII]

THE DISCIPLINARY COMMITTEE OF THE BAR COUNCIL OF INDIA

D.C. Appeal No. . of

(On appeal from the Order dated the .. day of

.. of the Bar Council of .. in Case

No . of )

(date)

Present:

Shri. .. (Chairman)

Shri. .. (Member)

Shri. (Member)

For the Appellant: Shri ., advocate/in person

For the Respondent: Shri ., advocate/in person

The appeal above mentioned being called on for hearing before the Disciplinary Committee of the Bar Council of India on .. day of ., upon hearing Advocate for the appellant (the appellant in person) AND Counsel for the Respondent (the Respondent in person)/respondent not appearing either in person or through Advocate though served. The Disciplinary Committee of the Bar Council of India Doth Order.

That the original order dated . is hereby confirmed/set aside/set modified as under:

That the Appeal be and the same is hereby dismissed/allowed;

That there shall be no order as to costs;

That the Appellant/Respondent DO pay to the Respondent/Appellant herein the sum of Rs. .. [Rupees . (in words)] being the costs incurred in the Bar Council of India as well as the sum of Rs. (in words) being the cost incurred in the Bar Council of ..within months from the date of this order.

That this Order be punctually observed and carried into execution by all concerned.

Witness Shri. Chairman of the Disciplinary Committee of the Bar Council of India at (Place) this the day of

Registrar,

Disciplinary Committee of

Bar Council of India

REVIEW UNDER SECTION 44 OF THE ACT

1. An application for Review under Section 44 of the Act shall be in the form of a petition duly signed and supported by an affidavit accompanied by the prescribed fee and filed within 60 days from the date of the Order sought to be reviewed.

2. Every such application shall be accompanied by:

(a) a certified copy of the Order complained of,

(b) five additional copies of the application, affidavit and the order, and

(c) if there are more respondents than one, as many additional true copies as may be necessary.

3. Every such application shall set out the grounds on which the Review is sought and shall further state whether any proceeding in respect thereof was filed and is still pending or the result thereof as the case may be.

4. If a Disciplinary Committee of a Bar Council does not summarily reject the application under Section 44 of the Act, or wishes to exercise its powers under Section 44 suo motu, the Secretary of a Bar Council shall issue as nearly as may be in the Form K at the end of this Chapter, notice to the parties and to the Advocate-General concerned or the Additional Solicitor-General of India in the case of the Bar Council of Delhi.

5. (1) If after the hearing referred to in Rule 4, the Disciplinary Committee of a State Bar Council does not dismiss the application, and decides that the application for review should be allowed, the copy of the order along with the relevant record shall be sent to the Bar Council of India for approval.

(2) If the Bar Council of India approves the order of the State Bar Council, the Disciplinary Committee of the State Bar Council shall communicate the order to the parties, if the Bar Council of India does not approve it, the Disciplinary Committee of the State Bar Council shall make its order dismissing the application and inform the parties.

6. The decision of the Disciplinary Committee of the Bar Council of India on an application for Review of its order shall be communicated to the parties.

7. In the proceedings under this Chapter, unless the Disciplinary Committee of the State Bar Council or the Bar Council of India, as the case may be, otherwise decides, the parties may appear by the advocate who shall file a vakalatnama signed by the party.

(Subject to necessary modifications)

Bar Council of

Review Application .

vs.

Whereas on the application of ../suo motu the Disciplinary Committee of the Bar Council of .. having considered that there are prima facie grounds for Review of the order made in Case No. on ..

The Respondent is informed that the said application will be heard by the Disciplinary Committee of the Council of on . at (time) .. at place . and that 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.

Date this . day of

Office of the Bar Council of .

Registrar,

Disciplinary Committee of the

Bar Council of

[Rules under Section 49(1)(h) of the Act]

[Rules under Section 49(1)(a), (i) and (j) of the Act]

1. The election of members to State Councils shall only be by secret ballot. There shall be no voting by post except that a State Council may permit voting by post to advocates eligible to vote and who do not ordinarily practise at the seat of the High Court or the seat of any of the District Courts in the State.

Explanation. An advocate shall be deemed ordinarily to practise at the place which is given in his address in the Electoral Roll.

2. Any candidate who by himself or through his agent seems or attempts to secure from any voter his ballot paper with intent to prevent him from transmitting it directly or with intent to ensure that the vote has been cast for a particular candidate shall be guilty of an election malpractice which shall invalidate his election whether or not the result of the election has been materially affected thereby.

3. The notice of election of members of the State Councils and the results of the elections shall be published in the State Government Gazette or Gazettes as the case may be.

4. A State Council may require a deposit from every candidate standing at an election, which may be forfeited in case the candidate is unable to secure at least of the quota fixed for the election.

5. All election disputes shall be decided by tribunals constituted by the State Councils.

FUNDS OF STATE COUNCILS

6. The funds of State Councils must first be deposited in the State Bank of India or any Nationalised Bank before any money could be expended, and disbursement shall ordinarily be made by cheques, unless the amount involved is small.

7. The State Bar Council may decide from time to time investment of its funds in the following securities.

1. Fixed Deposits or Cumulative Deposits in the State Bank of India or in such other Nationalised Banks;

2. in any other securities specified in Section 20 of the Indian Trust Act, 1882;

3. in the Fixed Deposits or Cumulative Deposits with Government Companies as defined in the Companies Act, 1956.

8. Every State Council shall maintain a provident fund for its employees and also pay gratuity in accordance with rules which each Council may frame.

9. The State Councils may accept donations in cash or kind for any of the purposes of the Act.

10. The accounts of every Council shall be audited by a Chartered Accountant once a year.

BOOKS AND REGISTERS

11. The State Bar Councils and the Bar Council of India shall maintain the following books:

(a) Minutes books;

(b) Attendance Register for the staff;

(c) Leave Register for the staff;

(d) Acquittance Register;

(e) Day Book and Ledger;

(f) Receipt Book;

(g) Financial Assistance Register;

(h) Provident Fund Account; and

(i) Property Register.

The Bar Council of .

COPY APPLICATION REGISTER

12. Every State Bar Council shall maintain:

(a) A Copy Application Register containing as far as possible the following entries:

1. Serial No.

2. D.C. Enquiry No./D.C. Appeal No.

3. Name of advocate/party (Making the Application).

4. No. of Folio.

5. Charges payable.

6. Date of receipt of copy application.

7. Date of notifying charges payable.

8. Date of payment.

9. Date when copy ready.

10. Date of delivery.

11. Signature for receipt.

12. Remarks.

To every certified copy applied for and furnished shall ordinarily affixed a rubber stamp containing inter alia the following columns:

THE BAR COUNCIL OF

C.A. No. .

1. No. of D.C. Proceeding.

2. Date of communication of order.

3. Date of receipt of copy application.

4. Date when charges are called for.

5. Date when charges are paid.

6. Date when copy despatched or delivered.

7. Charges paid for the copy.

(b) Bar Council Complaint Register , containing the following columns.

SCRUTINY OF RECORDS OF STATE COUNCILS

14. (i) The Chairman (ii) the Vice-Chairman, (iii) any member of the Council or the Secretary of the Council duly authorised by a resolution, shall be entitled at any time to look into any of the records or other papers of any State Council.

ENROLMENT

15. (1) In addition to the enrolment fee laid down in Section 24 of the Advocates Act, person desirous of being enrolled as advocates shall also be liable to pay to the State Councils, Stamp Duty payable by them under the Indian Stamp Act and such Bar Councils shall be entitled to recover the same before making the entry of their names in the rolls.

(2) Every candidate seeking enrolment as an Advocate shall be required to affirm and subscribe to the following declarations:

(a) I shall uphold the Constitution and the Laws ;

(b) I shall faithfully discharge every obligation cast on me by the Act and the Rules framed thereunder .

ELECTORAL ROLL AND ELECTION

16. (1) Every State Council shall hold its elections well in time before the expiry of the terms of its members and take all steps necessary in respect thereof.

(2) The Secretary of every State Council shall take steps in time or prepare and publish the electoral rolls for the purpose of the elections.

SUPERVISIONS AND CONTROL

17. The State Councils shall, when so required, make such periodical returns or statements or furnish such information as may be prescribed or called for by the Council:

18. The Secretary of every State Council shall inter alia send to the Secretary of the Council:

(a) a copy of the notice of every election of members to the State Council, a copy of the list of members elected, intimation of the election disputes, if any referred to any tribunal or Committee and the result thereof;

(b) the names of the ex-officio member of the State Council;

(c) the name of members of the State Council co-opted for any vacancy;

(d) the names of members elected as Chairman and Vice-Chairman of the State Council from time to time;

(e) the name of the Secretary of the State Council and his residential address;

(f) address of the State Council, and intimations as to its hours of work and holidays;

(g) the name and address of the member elected to the Council and the date of election;

(h) before the 31st day of December each year a statement as to the number of Disciplinary matters taken on file, number of cases disposed of and number of cases pending.

19. The Secretary of each State Bar Council shall keep the Bar Council of India informed of all proceedings in any Court or Tribunal instituted by or against the Bar Council, and shall wherever necessary send copies of such proceedings.

20. Every State Council shall arrange for the audit of its accounts in time in accordance with its rules and send forthwith after audit, the copy of the audited accounts together with a copy of the report of the auditors thereon to the Council.

21. Rule deleted as Section 46 omitted by Advocates Amendment Act, 1993.

22. (a) The State Councils shall give due publicity to their rules.

(b) The State Councils shall furnish information of the names of persons (with their roll numbers and other necessary particulars) removed from its rolls or suspended under Chapter V of the Act or who voluntarily suspend practice and of those who resume practice, to all the Bar Associations and the High Courts and the Subordinate Courts in the State.

23. (a) The names of advocates shall be entered in the rolls without suffixes, prefixes, titles or degrees.

In the case of person who has taken a degree in law from any University, the name shall be the same as entered in the degree or other certificate granted by the University; in the case of a Barrister, as in the certificate of call to the Bar;

In the case of a Vakil, Pleader or Attorney or Mukhtar, as it is in certificate of entry as such Vakil, Pleader or Attorney or Mukhtar and

In the case of any person previously enrolled as an advocate, whether he holds a degree in law or not, as in the certificate of such admission.

In the case of any person not falling under any of the above categories, the name shall be such as the State Council or the Enrolment Committee may determine.

(b) The name as entered in the roll of the State Council shall not be altered in any respect except when;

(i) on an application for that purpose, the State Council accords its permission;

(ii) a notice thereof is thereafter affixed on the notice board of the State Council and published in the local gazette in one issue or in a local English newspaper as the State Council may specify and

(iii) the applicant defrays all the necessary costs thereof.

(c) Every State Council shall forthwith communicate to the Council, the change if any in the name of any advocate on its rolls.

24. (a) When the name of an advocate is removed from the rolls or an advocate is suspended from practice or otherwise punished under an order of any Disciplinary Committee or an order of the Supreme Court under Section 38, or when an intimation of voluntary suspension from practice is received from the advocate, the State Council in respect of a person in its roll and the Council in respect of a person whose name is not in any State Roll, shall furnish information thereof giving the name of the advocate, his roll number and date of enrolment, his address, nature of the punishment inflicted

(i) to the Registrar of the High Court of the State;

(ii) to the Registrar of the Supreme Court of India;

(iii) to the Bar Association in the High Court;

(iv) to the District Court of the State, and

(v) to such other authorities as the State Council or the Council may direct.

(b) The State Bar Councils and the Bar Council of India shall also cause to be published in the State Gazettes or the Gazette of the Government of India as the case may be, information relating to the removal from the roll or the suspension of an advocate for misconduct.

1. Amended vide Resolution No. 83/1997, dt. 10-8-1997.

2. Added in December 1998.

3. Added as Rule 11-B by Resolution No. 32/2015, dt. 21-2-2015 published in the Gazette of India, Extra., Part III, Section 4 dt. 13-3-2015.

4. Amended vide Resolution No. 83/1997, dt. 10-8-1997.

5. Amendment came into effect from 26-7-1987.

6. Rule came into force w.e.f. 17-10-1998 (Resolution No. 92/1998).

* Sub-rule amended, w.e.f. 18-6-1977.

7. Rule 9(4) came into force w.e.f. 2-6-1996 vide Resolution No. 54/1996.

8. Chapter IV in Part-II amended, w.e.f. 1-4-1997.

9. sub-clause added, w.e.f. 25-11-1978.

10. sub-clause added, w.e.f. 25-11-1978.

11. sub-clause added, w.e.f. 25-11-1978.

12. sub-clause added, w.e.f. 25-11-1978.

13. sub-clause added, w.e.f. 25-11-1978.

14. Rule 10-A and 10-B came into force from 11th February, 1990.

15. Rule 10A and 10B came into force from 11th February, 1990.

16. Rule 10-C came into force from 22nd April, 1990.

17. W.e.f. 21-5-2000 (EC).

18. Sub-clause (iii) of Rule 15 added, w.e.f. 23-1-1982.

19. Ins. by Resolution No. 170/2014, dated 29-10-2014. Explanation. These amendments shall be applicable only in the cases where the Bar Council of India Certificate of Practice and Renewal Rules, 2014 apply.

20. Sub-clause (h)(i) of Rule 2 came into force, w.e.f. August, 1997 vide Resolution No. 10/97.

21. Ins. by Resolution No. 170/2014, dated 29-10-2014. Explanation. These amendments shall be applicable only in the cases where the Bar Council of India Certificate of Practice and Renewal Rules, 2014 apply.

22. The rule added, w.e.f. 2-5-1981.

23. Ins. by item No. 39/2015-C(LE), dt. 23-9-2015, published in the Gazette of India, Extra., on 24-9-2015.

24. Subs. by Item No. 21/2015 A(LE), Resolution No. 67/2015, dt. 2-5-2015, published in the Gazette of India, Extra., on 27-8-2015.

25. Subs. by Noti. No. BCI:D:3840/15, dt. 27-5-2015, published in the Gazette of India, Extra., on 31-8-2015.

26. Came into force, w.e.f. 6-1-2001.

27. Came into force, w.e.f. 6-1-2001.

28. Date of this Rules, 16-2-1991.

29. Rule 22-A came into force, w.e.f. 24-9-1998.

30. Added vide Res. No. 50/2008, dt. 24-3-2008.

31. Rule modified by addition of words in case ..court w.e.f. 5-6-1976.

32. Section 4-A: Revised rules came into effect from 1-4-1984 (Rules 47 to 54 renumbered as 45 to 52)

33. Contribution enhancement vide Resolution No. 130/2006, dt. 16-9-2006.

34. Proviso to Rule 40 amended vide Res. No. 66/2001, dt. 22-6-2001, w.e.f. 1-8-2001.

35. Sub-rule (4) of Rule 41 came into force, w.e.f. 3-11-1995.

36. Amended vide Resolution No. 78 of 1985, dated 27th and 28th July, 1985.

37. Came into force, w.e.f. 10th February, 1996 (Resolution No. 25/96)

38. Vide Resolution No. 156/2001.

39. Vide Resolution No. 113/2002.

40. See All India Bar Examination Rules, 2010.

41. Subs. by Resolution No. 128/2007, dt. 17-1-2008.

42. Rule 7-A came into force, w.e.f. 26-2-2000.

43. Held invalid by Andhra Pradesh High Court by its order, dt. 21-9-2001. In Writ Petition No. 3162/2001.

44. Added vide Res. No. 58/2006, dt. 8/9-4-2006, published in the Gazette of India, Part III, Section 4.

45. Subs. by Res. No. 121/2001, published in the Gazette of India, Pt. III, Sec. 4, dt. 9-3-2002.

46. Amendment recommended by the Rules Committee at its meeting dt. 24-8-2001 was approved by the Bar Council of India at its meeting held on 25th and 26th August, 2001 (Resolution No. 121/2001). The Chief Justice of India approved the Rules vide letter dt. 12-11-2001 subject to modification of Rule IV. The amendment suggested by the Hon'ble Chief Justice of India was incorporated in Rule IV [Vide Resolution No. 155/2001, dt. 22nd and 25th December, 2001].

47. Amendment recommended by the Rules Committee at its meeting dt. 24-8-2001 was approved by the Bar Council of India at its meeting held on 25th and 26th August, 2001 (Resolution No. 121/2001). The Chief Justice of India approved the Rules vide letter dt. 12-11-2001 subject to modification of Rule IV. The amendment suggested by the Hon'ble Chief Justice of India was incorporated in Rule IV [Vide Resolution No. 155/2001, dt. 22nd and 25th December, 2001].

48. Meeting dt. 23/24-2-2002.

49. The last sentence added, w.e.f. 7-4-1979.

50. Amended, w.e.f. 10-4-1976.

51. Amended, w.e.f. 18-6-1977.

52. Rule added, w.e.f. 31-12-1977.

53. w.e.f. 2-3-2008.

54. Fee Revised w.e.f. 16-9-2006.